Dependant children application Refusal

[maroof]

Hi Everyone,

Today I have received a refusal letter with the rights to appeal from Canadian High Commision stating that I do not meet the residency requirement under the section of 130 (2) of the regulations as a canadian citizen and they are not satisfied with the commitment I have shown to start living in Canada after my kids have received their Permanent Residency.

I have been given a 30 days to file my appeal so could you please advise if it would be wise to appeal the decision or reapply in the future once again. I don't think it is fair in any way specially when there is an exception available in law for the Canadian citizens to appy for their family members without being in Canada.

Your help in this regards would be much appreciated.

Regards,


Maroof

 

[CharlieD10]

Only appeal the decision if you can clearly demonstrate that you are willing and ready to settle in Canada when your children become permanent residents. The Immigration Officer was not convinced by whatever proof you offered that you are going to resettle in Canada if they approve your children to become permanent residents, and all citizens who wish to sponsor from abroad must convince the IO of those intentions in order to be approved to sponsor.

If you cannot offer any further proof at this time, then re-apply when you are prepared to convincingly demonstrate that you are willing, ready and committed to residing in Canada when your children become PRs.

 

[harshdeep]

Hi Everyone,

Today I have received a refusal letter with the rights to appeal from Canadian High Commision stating that I do not meet the residency requirement under the section of 130 (2) of the regulations as a canadian citizen and they are not satisfied with the commitment I have shown to start living in Canada after my kids have received their Permanent Residency.

I have been given a 30 days to file my appeal so could you please advise if it would be wise to appeal the decision or reapply in the future once again. I don't think it is fair in any way specially when there is an exception available in law for the Canadian citizens to appy for their family members without being in Canada.

Your help in this regards would be much appreciated.

Regards,


Maroof

Maroof,
Are you a Canadian citizen or PR holder? How long have you been outside Canada??

 

[Fencesitter]

What proof of intention to return to Canada did you submit?

FS

 

[maroof]

I am a Canadian citizen, my wife is a PR holder, we have been living in Dubai for the past 8 years.

As a proof as I had submitted a confirmation letter along with "an incorporated firm" registration which I am planing on starting once I will arrive, along with a letter confirming where we are going to stay in Canada after we will arrive.

Please advise what other documents as proof can be submitted to show that we are serious about moving back as a family rather than one parent start living in Canada and than applies for the family. The entire process is approx 2 years and that is not possible in the case of dependent childrens sponsorship.

Thank you for the extended support.

Regards,


Maroof

 

[Fencesitter]

I'd say the reason for the refusal was due to a lack of detailed evidence proving your intention to return to Canada. We supplied a lot of evidence:

1. Employment offer;
2. E-mails with banks enquiring about mortgage options;
3. E-mails with realty companies enquiring about properties in the area where we want to live;
4. Mention of my status as a student at a Canadian university;
5. Letters of support from both sides of the family and specifically my parents, saying that we can stay with them until we sort out our living arrangements;
6. 4.5 page detailed account of everything we plan to do to separate our ties from China and re-establish in Canada (I went into a lot of detail and professed my sincere desire to leave - linking this with the fact that we want to raise our son in Canada where we have better health care, education, etc...);
7. Letters of support from friends stating they know of our plans to live in Canada and expressing their support and encouragement; and
8. Certified copies of our son's Canadian Citizenship Certificate and passport application with a note expressing the reasons why we chose to get these documents (because he needs them in order to live in Canada and travel from China to Canada).

Our intention is legit. We have no reason to stay in China. I am still under contract here, but I explained that I am the only one working at the moment, so I cannot resign until I get confirmation that my wife will be issued the visa. I also went on to note that my contract has an early release clause, so resigning is simple and straightforward (no need for tax clearance documents from China). As for plane tickets, I wrote a paragraph explaining this, stating that I need confirmation first, as we are also taking our two dogs with us, so it is more complicated. If they request for further proof, I guess I will be forced to buy our tickets, but again, how can I do that if I don't know the date??? I'm pretty sure they will be understanding...

I tried to look at it from the visa officer's point of view, that's why I included the 4.5 page detailed account. I made sure to make it personal so that the visa officer would hopefully be able to 'feel' what I am feeling.

I think people run into problems when they don't provide enough evidence to satisfy the visa officer. From what you have mentioned, I am almost positive this is what caused the refusal.

Appeal the decision or move back to Canada and try again - not sure which way would be the fastest.

Good luck to you!

FS

 

[CharlieD10]

Have a look at this appeal case. Look again at Fencesitter's post regarding all that he has provided to show he is going to re-settle in Canada once his wife has her PR. Do you see the similarities between your case and the appeal case, and the differences between your evidence and Fencesitter's? That is what you are up against if you appeal the case without some serious reconsideration of the proof you need to provide.

http://www.canlii.org/eliisa/highlight.do?text=immigration%2C+sponsorship%2C+dependent%2Bchildren&language=en&searchTitle=Search+all+CanLII+Databases&path=/en/ca/irb/doc/2012/2012canlii27302/2012canlii27302.html

 

[missmini]

what i don't understand is why u need to sponsor ur children? if u r a canadian citizen then they should b too even if they were born outside unless they were born when both of u were pr; if it's like this u need to even b more convincing with ur proofs - they don't really like pr's staying outside canada and ur wife can stay indefinetaly since she's accompanying her canadian citizen spouse; for them that's like abusing the system and they need to b really convinced that u r really planning to settle there for good, pay taxes, etc

what they also look to see is, depending on the children's age, schooling, day care; did u look into contacting any for the children when they move to canada, did u show proof of that?

good luck!!

 

[Amy612]

Hi Maroof,
I am really sorry to hear this. I agree with missmini. Why do you not apply for his citizenship as you are a citizen?

I am wondering have you sponsored your wife before to be a PR? If this is the case then they might think you didn't move Canada after your wife got PR. So they don't beleive you anymore.

 

[CharlieD10]

His children were likely born when he was a PR, so the OP has to sponsor them.

 

[Fencesitter]

Have a look at this appeal case. Look again at Fencesitter's post regarding all that he has provided to show he is going to re-settle in Canada once his wife has her PR. Do you see the similarities between your case and the appeal case, and the differences between your evidence and Fencesitter's? That is what you are up against if you appeal the case without some serious reconsideration of the proof you need to provide.

http://www.canlii.org/eliisa/highlight.do?text=immigration%2C+sponsorship%2C+dependent%2Bchildren&language=en&searchTitle=Search+all+CanLII+Databases&path=/en/ca/irb/doc/2012/2012canlii27302/2012canlii27302.html

The other difference is that all my family is in Canada and I was born and raised there. I am Canadian, always have been and always will be. It's my home. Now that I have a son, it's time to move back to Canada. I do not see how a visa officer could deny my wife a visa based on intention to return. One thing I noticed from that appeal case was the schooling for their child. Our son will be about 14-16 months by the time the visa is issued. We mentioned that my wife will stay home with him until he is ready to begin kindergarten and that we have a good idea where we will send him for elementary and high school. We have not contacted the schools yet because we feel it's too early. Am I wrong? Should we start contacting the schools now, even though it will be a few years until he is ready to actually start?

I also don't have assets in Canada, though I will be sending money home just before we are ready to leave China. I have been a non-resident since 2001, so I need to do a bunch of things like update CRA on my residency status, renew my license, etc...but I noted these things in my detailed intention letter...

I'm always concerned about this being a problem for us. Yes, I am established here in China, but it will be very quick and easy to break those ties and fly home...we have a plan to settle in Canada, I have a job waiting for me, a place to stay when we first arrive, money in the bank, etc...I worry that the visa officer will think I am already established in China and therefore will not want to go home...which is crazy, considering I don't have any family here aside from my wife's family, which I suppose is now my family, but you know what I mean...

Thoughts?

Thanks,
FS

 

[Steph C]

FS, I read that appeal case too and thought it was a little silly. The guy obviously was pretty comfortable in his home country and didn't seem to have any good reason to move to Canada. All his family was in his home country except for some random uncle. He was only a PR holder and not a Citizen. I do hope they make distinctions like that when considering our cases.

 

[BCgirl2012]

FS, I read that appeal case too and thought it was a little silly. The guy obviously was pretty comfortable in his home country and didn't seem to have any good reason to move to Canada. All his family was in his home country except for some random uncle. He was only a PR holder and not a Citizen. I do hope they make distinctions like that when considering our cases.

Steph C, he was a citizen. Not a PR.

 

[Steph C]

Steph C, he was a citizen. Not a PR.

Oh, oops! Anyways, his case seemed pretty weak to me, or so they presented it in that document.

 

[Fencesitter]

I think they will make that distinction.

A naturalized citizen is a citizen, but they were (or still are) a citizen of another country before becoming a citizen of Canada. That is the distinction.

For someone who was born and raised in Canada, has all their family in Canada, there is a difference, IMHO.

For me, there is no other country I can return to and call 'home'. Home is Canada. My son is Canadian. I am Canadian. My relatives came from Scotland 5 generations ago and helped to build this country. They fought in wars and defended our freedoms (or oil, however you want to look at it). My wife is the only question here, but I have a feeling that they will not separate our family, especially considering that her husband (me) and her son are both citizens of Canada.

I provided what I consider 'proof' of my intention to return to Canada. Would they honestly believe that I would want to live out my years in China? How many Canadians actually live their entire lives in China? 1? 2? I don't know anyone who has stayed longer than 20 years.

FS