HELP - Visitor Visa - To be with a loved one who is critically ill or dying

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Hello All,

I’m reaching out to seek advice and guidance from forum members who may have experienced a similar situation or have expertise in Canadian visa applications. I’m an Indian citizen, employed in the UAE (Non resident Indian) for the past 8 years with my family well settled here and also have my own business established in UAE since 2020. I have substantial funds in deposits in UAE averaging US$100,000 and I am able to sponsor my own visit and stay in Canada. Additionally, I have a letter from my employer confirming that I’ve been granted leave for this purpose.

Background: Last year, I applied for a Canadian visitor visa "To be with a loved one who is critically ill or dying" to visit my critically ill brother-in-law (my sister’s husband), who has been diagnosed with terminal cancer. I provided comprehensive documentation, including:

1. A letter from the treating doctors stating my brother-in-law’s critical condition and confirming the limited time he has left.
2. His medical records detailing his diagnosis.
3. A notarized affidavit from my sister, explaining her residency status, income, and explicitly stating that I would not overstay my visa and would return to the UAE within the authorized timeframe.

Despite these documents, my application was refused with a generic reason: "I am not satisfied that you will leave Canada at the end of your stay as required by paragraph 179(b) of the IRPR. I am refusing your application because you have not established that you will leave Canada, based on the following factors: The purpose of your visit to Canada is not consistent with a temporary stay given the details you have provided in your application."

I understand that this refusal was likely due to concerns about my intent to return to the UAE after the visit. However, given the urgent and humanitarian nature of my case, I’m planning to reapply for the visitor visa to be with my brother in law and sister during this incredibly difficult time for atleast 2-3 weeks.

New Developments: At the time of my initial application, both my sister and brother-in-law were permanent residents of Canada. However, about 8 months ago, they both received their Canadian citizenship.

My Plan: Given the rapidly deteriorating health of my brother-in-law and the doctors providing very little time for his survival, I intend to reapply for the visitor visa immediately. However, this time I plan to submit the application from India rather than UAE, as I believe the processing time is shorter.

Before I reapply, I would greatly appreciate guidance on the following:

1. Strengthening the Application:
   • What additional supporting documents or evidence should I include to address the concerns raised in my previous rejection (specifically regarding the temporary nature of my visit and my intent to return to the UAE)?
   • Is it worth including more proof of my ties to India (such as family commitments), or would that be irrelevant since I am currently residing in the UAE?
2. Updated Medical Documentation:
   • Since I have already submitted a letter from the treating doctor and medical records, should I provide a more detailed medical prognosis or a letter from a Canadian-based medical professional to further support the urgency of my visit?
3. Employer’s Letter:
   • Should I include a more detailed letter from my employer confirming the specific dates of my leave, my job security, and my return date? How can I emphasize the fact that I will be returning to my job in the UAE?
4. Implications of Citizenship Status:
   • Considering my sister and brother-in-law have recently become Canadian citizens, how can I use this new information to strengthen my case? Should I provide any additional documentation regarding their citizenship status to highlight their role in my visit?
5. Current Political Climate:
   • Given the ongoing political tensions between India and Canada, are there any specific steps I should take or authorities I can contact to ensure my application gets a fair review? I am concerned that these factors may impact my case despite the genuine nature of my request.
6. Other Advice:
   • Are there any additional strategies or steps I can take to improve my chances of a successful application? Should I consider seeking help from an immigration consultant or lawyer specializing in compassionate cases like mine?

This is an incredibly difficult time for my family, and I want to be there for my sister and brother-in-law as they face this crisis. Any advice, personal experiences, or suggestions would be greatly appreciated.

Thank you in advance for your time and help.