Approved for parents, younger brother's rejected

[Aashima k]

Hey all,
I applied on 30th Sept. For my parents and younger brother who is a special child and dependant on my parents. Got approval today on 31oct. For my parents.. but they rejected my younger brother's visa. Reason is section 179b ..Does somebody now what that section 179b .. how can I find this?
Thanks

 

[Bryanna]

Hey all,
I applied on 30th Sept. For my parents and younger brother who is a special child and dependant on my parents. Got approval today on 31oct. For my parents.. but they rejected my younger brother's visa. Reason is section 179b ..Does somebody now what that section 179b .. how can I find this?
Thanks

Hi Aashima,

Congrats for your parents' TRVs. I had advised you not to apply for your brother as there are practically zero chances of him being approved for a TRV.

Section/Regulation 179B refers to the possibility of the applicant overstaying. As your brother is a special needs' person, his family ties to India would be zero and hence, the chances of him overstaying his visit


Cheers

 

[Bryanna]

Here's what Section/R 179 states:
179 An officer shall issue a temporary resident visa to a foreign national if, following an examination, it is established that the foreign national

• 
  (a) has applied in accordance with these Regulations for a temporary resident visa as a member of the visitor, worker or student class;
  
  
• (b) will leave Canada by the end of the period authorized for their stay under Division 2;

 

[Aashima k]

Thanks bryanna u have been so helpful.. Thanks alot..
But my parents can't even come. They can't leave my brother alone on his own.. pls suggest me something . What can I do for my brother?

 

[Bryanna]

Thanks bryanna u have been so helpful.. Thanks alot..
But my parents can't even come. They can't leave my brother alone on his own.. pls suggest me something . What can I do for my brother?

You're welcome

Basically, you'll need to work very hard to prove that your brother will not be overstay his visit + he is covered by private medical insurance. The second bit is easy to prove.

For the first part (proving his ties), this could be huge challenge considering his situation + unfortunately, your dad's seasonal business does not give a definite date to return.

What documents did you submit for your brother?


Four suggestions that I can think:
1. If BOTH your parents can prove that they must return to India by XX date after a short 3-4 weeks visit (no two ways about returning for a specific reason) = Your brother must return with them

2. Do you have friends/relatives in the UK/Schengen countries? Can your parents + brother apply apply for those visas first? And for the Canada TRV, your brother and parents must visit that country on their return trip. Again, the date/event must be definite.

3. Although both your parents have been granted TRVs, have only one parent to travel with your brother whilst your other parent stays back (evidence must be submitted)

4. Does your brother have some event/reason in his school that he must necessarily return to?

 

[Aashima k]

I submitted a letter from school that they are approving 3 weeks holidays..and 1 bank statement which shows money under his name. That's it and other basic forms.

 

[Bryanna]

I submitted a letter from school that they are approving 3 weeks holidays..and 1 bank statement which shows money under his name. That's it and other basic forms.

IMO, his application was weak + the basic documents which you submitted made his application weaker.

If I may ask, what type of special needs' person is your brother? Can he manage regular activities on his own without depending on your parents? What type of school does he attend?

 

[Aashima k]

He is physically fit. Able to do his daily necessities by hi own. He is just like a 9 year old kid. His brain didn't develop more than 9 year old kid. He is right now 21 years old but he like to play with kids. Doctors didn't provide him any medicine of any kind. They said he doesn't need medicine.

 

[Aashima k]

Its special school for Mentally challenged people. In doctors term they say Slow learner.

 

[Bryanna]

He is physically fit. Able to do his daily necessities by hi own. He is just like a 9 year old kid. His brain didn't develop more than 9 year old kid. He is right now 21 years old but he like to play with kids. Doctors didn't provide him any medicine of any kind. They said he doesn't need medicine.

If I understand correctly, your brother is only mentally disadvantaged.

There are special needs schools which offer academics in addition to vocational training. This means students are allowed to study at their own pace but they must clear examinations at the end of each year. Does your brother attend one of these schools?

Does your brother have medical reports that say he can manage physical activities on his own, but he only has limited mental growth + he does not require medication or psychiatric counselling?

 

[Aashima k]

Exactly he is going to that type of school, we do have some different reports and we also can get report from doctors if we need it? Should I do his medical examination from canadian authorize doctor and see what they say?

 

[Bryanna]

Exactly he is going to that type of school, we do have some different reports and we also can get report from doctors if we need it? Should I do his medical examination from canadian authorize doctor and see what they say?

As discussed earlier, your brother has slim to zero chances of a TRV approval. That said, you can reapply but please don't get your hopes too high. If your brother is approved then it would be great else there's nothing more that you can do.

My first bit of advice:
Don't reapply immediately. If your dad's business requires him to remain in India through the winter then you could plan to reapply next February-March.

Second bit of advice: You may want to consider one or more of the suggestions which I had given in a previous post on this thread.

When your brother reapplies:
1. IMO, he'll need to provide 'out-of-the-box'/untypical/non-standard type of documents to prove that he is not physically challenged, will not put excessive demand on health or social services, not dependent on anyone beyond reasonable limits, does not require medicines, etc.

2. He'll need to prove he must return for his examinations + he must return because your parent(s) must return

3. He must include medical reports (regular ones + mental evaluation), progress reports, a doctor's certificate, private medical insurance, etc

 

[Aashima k]

Thanks alot for all of your efforts.. I will work on all of your points.. Thanks alot again.. u r so helpful.. Thank you so much.. God bless U

 

[Aashima k]

Hi Kim,
I am trying to reply for your question over this thread. We got the visa for my Brother in 4th attempt. We made very strong SOP and Invitation letter with all supporting medical documents of his medical condition. I was pregnant at that time so added that documents as well to prove my pregnancy and added value in that i need my mom on my side. We state that my father will stay in India and Mother was coming and brother can't stay without my mother. Also I included a support letter from our local Member of Parliament. It got rejected 3 times and 4th time he got interview request and got his visa.

I hope this helps.
Aashima

 

[canuck78]

Hi Kim,
I am trying to reply for your question over this thread. We got the visa for my Brother in 4th attempt. We made very strong SOP and Invitation letter with all supporting medical documents of his medical condition. I was pregnant at that time so added that documents as well to prove my pregnancy and added value in that i need my mom on my side. We state that my father will stay in India and Mother was coming and brother can't stay without my mother. Also I included a support letter from our local Member of Parliament. It got rejected 3 times and 4th time he got interview request and got his visa.

I hope this helps.
Aashima

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