Had a visit visa expired . Study visa refused

[Lynchi]

Hello I’m very confused. 2018 I was granted a tourist visa, was intending to use it for just tourism, but I gave birth to my child in Canada after USA didn’t renew my visa. Which wasn’t my intention when I got my visa. Secondly I didn’t know anyone in Canada, after some research I found a distance aunt, who offered to help and I stated it at the point of entry at the airport that I have a aunt coming to pick me and my daughter up. Last I also applied for study visa twice and was refused because of purpose of visit. My question is as follows:
1) my visit visa expired last month, will it affect my reapplication?
2) do I have to mention that I have a relative when fill my visa application form?
3) will using my previous visa for only child birth affect my new visa application?
4) I’m thinking of asking my distance aunt for an invitation letter, instead of just filling tourism, what do you think?
5) since 2020 is out of it, can I still apply next month and say I want to spend Christmas and new year in Canada?
6) will the denial of my study visa last year while I still had a valid visit visa affect my visit visa renewal?
Thanks

 

[scylla]

Hello I’m very confused. 2018 I was granted a tourist visa, was intending to use it for just tourism, but I gave birth to my child in Canada after USA didn’t renew my visa. Which wasn’t my intention when I got my visa. Secondly I didn’t know anyone in Canada, after some research I found a distance aunt, who offered to help and I stated it at the point of entry at the airport that I have a aunt coming to pick me and my daughter up. Last I also applied for study visa twice and was refused because of purpose of visit. My question is as follows:
1) my visit visa expired last month, will it affect my reapplication?
2) do I have to mention that I have a relative when fill my visa application form?
3) will using my previous visa for only child birth affect my new visa application?
4) I’m thinking of asking my distance aunt for an invitation letter, instead of just filling tourism, what do you think?
5) since 2020 is out of it, can I still apply next month and say I want to spend Christmas and new year in Canada?
6) will the denial of my study visa last year while I still had a valid visit visa affect my visit visa renewal?
Thanks

You can apply now.

You will likely struggle to get a new visa approved due to having given birth to a child in Canada. The fact two study visas have been refused shows there is a high probability the next visa will be refused as well.

Yes - using your previous visa to have a baby in Canada will impact your new visa application. But there is nothing you can do about that now. Make sure you declare your two study permit refusals in the application as well.

When you apply, you will want to show very strong ties to your home country to prove you have no plans on remaining in Canada long term. Proof of ties are things like employment, property ownership and other assets.

 

[canuck78]

Your story doesn't make a ton of sense. Nobody travels to Canada during their pregnancy out of the blue without any relatives or friends in Canada. If you wanted to go to the US you would have applied directly for a US visa from your home country. Assume you wanted to give birth in the US or Canada. Your case would be considered birth tourism and there will be fears that you will have another child in Canada. You can certainly apply but there is a good chance that as long as you are in your child bearing years you will struggle to get a visa. If you qualify for PR that is you best chance of coming to Canada.

 

[Lynchi]

Your story doesn't make a ton of sense. Nobody travels to Canada during their pregnancy out of the blue without any relatives or friends in Canada. If you wanted to go to the US you would have applied directly for a US visa from your home country. Assume you wanted to give birth in the US or Canada. Your case would be considered birth tourism and there will be fears that you will have another child in Canada. You can certainly apply but there is a good chance that as long as you are in your child bearing years you will struggle to get a visa. If you qualify for PR that is you best chance of coming to Canada.

Hello, yes my USA visa expired October, same month I applied online for Canada visit visa, then went for Dropbox and was refused three weeks later. Truly I wanted to give birth in the USA as I had all my doctors appointment. Believe me I didn’t know anyone in Canada. I had to start making calls to my relatives till they found my distance aunt. We are not even from same county/ village. But I call her aunt as she is older .

 

[Lynchi]

Yeah I would Love to speak to a lawyer. I didn’t know I could do something before my visa expires. Thought I had to wait. Any recommendations?

 

[scylla]

You want to speak to a professional , may be a lawyer even though your chances of visa are very slim because of your past record but you should take it even if you have 1% chance. Why were you waiting for your visa to expire ? should have acted before.

Acting before the visa expired wouldn't have made any difference. OP is outside of Canada and cannot request an extension.

 

[scylla]

Yeah I would Love to speak to a lawyer. I didn’t know I could do something before my visa expires. Thought I had to wait. Any recommendations?

There was nothing you could have done before your visa expired. Whether you applied before your visa expired or now, you are applying for the same thing - a new TRV.

You can certainly contact a lawyer for assistance. The situation will be much the same. You're going to have a lot of trouble getting any temporary visa approved due to the fact you used a previous visa to give birth to a child in Canada. I would honestly recommend that you wait a few years before you try again. Given you had two study permit refusals last year, a TRV this year is almost certainly going to be refused.

What is your real reason for wanting to return here? It's pretty clear you're not close to your relative in Canada. So it must be for another reason.

 

[canuck78]

Hello, yes my USA visa expired October, same month I applied online for Canada visit visa, then went for Dropbox and was refused three weeks later. Truly I wanted to give birth in the USA as I had all my doctors appointment. Believe me I didn’t know anyone in Canada. I had to start making calls to my relatives till they found my distance aunt. We are not even from same county/ village. But I call her aunt as she is older .

So you came to Canada for birth tourism because you were refused a US visa. It was pretty clear that you weren't coming tk Canada for tourism. As you said you have no relatives in Canada so you had no reason to come to Canada especially to give birth. You have already been denied study permits and would assume that TRVs will be denied. There are consequences of birth tourism, it becomes much harder to visit Canada because there is fear that you will give birth in Canada again.

 

[Lynchi]

There was nothing you could have done before your visa expired. Whether you applied before your visa expired or now, you are applying for the same thing - a new TRV.

You can certainly contact a lawyer for assistance. The situation will be much the same. You're going to have a lot of trouble getting any temporary visa approved due to the fact you used a previous visa to give birth to a child in Canada. I would honestly recommend that you wait a few years before you try again. Given you had two study permit refusals last year, a TRV this year is almost certainly going to be refused.

What is your real reason for wanting to return here? It's pretty clear you're not close to your relative in Canada. So it must be for another reason.

I would want to visit, holiday, shop. You know travel anytime I want to. Have a visa handy.

 

[scylla]

I would want to visit, holiday, shop. You know travel anytime I want to. Have a visa handy.

I think you will struggle to get a visa approved. Once someone has had a baby in Canada on a tourist visa, it typically becomes extremely difficult to get any sort of temporary visa approved in the future.

However you can certainly try.

 

[Lynchi]

So you came to Canada for birth tourism because you were refused a US visa. It was pretty clear that you weren't coming tk Canada for tourism. As you said you have no relatives in Canada so you had no reason to come to Canada especially to give birth. You have already been denied study permits and would assume that TRVs will be denied. There are consequences of birth tourism, it becomes much harder to visit Canada because there is fear that you will give birth in Canada again.

When I applied for the visa I wanted to visit Canada from the USA. But when I was refused a USA visa I had no option than give birth in Canada.

 

[scylla]

When I applied for the visa I wanted to visit Canada from the USA. But when I was refused a USA visa I had no option than give birth in Canada.

IRCC won't care why it happened.

By all means apply for the TRV. However the two study permit refusals indicate it will probably be difficult for you to be approved.

 

[scylla]

When I applied for the visa I wanted to visit Canada from the USA. But when I was refused a USA visa I had no option than give birth in Canada.

It sounds like your original plan was birth tourism in the U.S.

When the U.S. visa wasn't approved, you decided to have your baby in Canada.

 

[canuck78]

When I applied for the visa I wanted to visit Canada from the USA. But when I was refused a USA visa I had no option than give birth in Canada.

Of course you had an option. You could have returned to your home country. Many women don't travel outside their country during their pregnancy bit for sure during the 3rd trimester. You had to travel from somewhere to get to Canada. Were you inside the US and attempting to reenter the US or were you at home and flew to Canada while attempting tyo secure a tourist visa to the US.

You attempted to apply for study visas twice and now you are saying you want tot arrive for general tourism. There has been a lot of incomsistency in your story.

 

[Islander216]

Highly unlikely you get a study permit and TRV after the birth tourism and two refusals.

canuck78's skepticism mirrors the type of scrutiny your application would get from an immigration officer.

Who would grant you a study permit and TRV knowing your past episode in Canada? There are consequences of birth tourism.

Check your CRS points and try to immigrate as a permanent resident, that's your best shot.