+1(514) 937-9445 or Toll-free (Canada & US) +1 (888) 947-9445

Mistake while applying-rejected-want to reapply asap-help!

hasankarimi

Newbie
Jan 2, 2020
6
0
Hello

I need some help and insight regarding my situation before I take the next step.

So, I applied for a visitor visa 1 month ago for myself, my wife and daughter.

my purpose of visit is to conduct a business in Canada, however I accidentally clicked on more than 6 month for duration of the stay and that resulted in a kind of a different document requests from them including a document called Business Activity Description. I was stupid enough and full of myself that I did not ask any help from anyone and prepared all of the documents and submitted them. I got rejected on 1st of January.

the reason for my rejection was that they were not satisfied for "my purpose of the visit". to be accurate the in corresponding letter there is one issue and it is
"I am not satisfied that you will leave Canada at the end of your stay as a temporary resident, as stipulated in paragraph 179(b) of the IRPR, based on the purpose of your visit."

It makes sense because my business is short term ( I am helping a company in France which has a subsidiary in Canada to organize an event in Montreal as the project manager. I receive payment from the french company and I am not entering Canadian labor market and etc. ). the invitation letter from the company in Canada, my ties in my country home and my travel history was strong enough that I was full of myself therefore very reckless in applying.

So I corrected everything and provided the details of what I am going to do for my visit to Canada and asked for better invitation letter from the company that thoroughly explains my purpose of visit and etc.

I was about to reapply again today ( one day after rejection ) but I am little bit scared that maybe officers get suspicious that last time I was saying i need to stay for more than 6 month and when I rejected I changed it to less than 6 month So I get rejected again.

should I wait before I reapply again or I can apply immediately ?
any can help me? any similar situation?
I am in stress due to my work in Canada ( have to be there first week of February )
Thanks
 

k.h.p.

VIP Member
Mar 1, 2019
8,801
2,250
Canada
You certainly can re-apply whenever you like an include an additional letter of explanation that explains why you selected the wrong length of stay in the first application.

However, be aware that if you are actually doing work in Canada - such as project managing the event - you are likely to be considered to be working in Canada and will be rejected. Just because the company has chosen to have you remotely project manage the event doesn't mean you can do it in Canada. They could hire a Canadian event planner.
 

hasankarimi

Newbie
Jan 2, 2020
6
0
Wow!
Awesome Insight! I did not know that....
when choosing conduct business, you are presented with these four options

1- I want to conduct international business activities in Canada, but will not enter the Canadian labour market.
2- I want to purchase Canadian goods and services for a foreign business or government, and/or go on training related to these goods and services.
3- I want to take or give training with a Canadian corporation (or subsidiary) that employs me outside of Canada. Goods and services received from the training is incidental.
4- I am representing a foreign business or government and want to sell goods on behalf of the business or government. (No sales to the general public).
I've chosen 1 and 4. don't you think conduct international business activity is what I am doing and can be linked to managing an international event?
 

k.h.p.

VIP Member
Mar 1, 2019
8,801
2,250
Canada
You're not selling goods on behalf of your company, you're performing work for its subsidiary, so #4 is out of the question.

You're not conducting "business activities" (doing networking, sales pitches, relationship building, negotiating) between separate international organizations, so in my opinion #1 is out of the question.

Your company wants to send you to Canada to do work. It is work that they are choosing not to have a Canadian perform. You're not entering the Canadian labour market, but your company is impacting it.
 

hasankarimi

Newbie
Jan 2, 2020
6
0
Thank you again for your super super useful insight.
I just raised this issue with the company CEO and he said we can appoint someone to be the organizer in Canada but due to your relationship with the industry you have to go there as the head of sales. so they are changing my position for me to only conduct negotiating with customers in there.
they want to resend another invitation letter. should they refer to the previous letter and says that in order not to ruin the event, they changed my position to head of sales instead project manager and I also mention this in a document in my new application?

another way is to not to mention it but I am afraid they might get suspicious if they compare the applications together.

do you have an
 

hasankarimi

Newbie
Jan 2, 2020
6
0
Thank you very much. I don't find anywhere on the website to submit additional letter. should I email it someone? or should indicate this explanation in purpose of travel file?
 

reachmenow

Hero Member
May 21, 2009
859
19
Category........
Visa Office......
New Delhi
NOC Code......
Family PGP
Job Offer........
Pre-Assessed..
App. Filed.......
04-Jan-2015
Doc's Request.
07-JULY-2016
Nomination.....
N/A
AOR Received.
24-06-2016
IELTS Request
N/A
File Transfer...
24-June-2016
Med's Request
07-July-2016
Med's Done....
08-Aug-2016
Interview........
No
Passport Req..
21-March-2017
VISA ISSUED...
25-March-2017
LANDED..........
Sometime Before August 2017
Thank you very much. I don't find anywhere on the website to submit additional letter. should I email it someone? or should indicate this explanation in purpose of travel file?
Hire a lawyer , don’t take risk, your company might even pay for it
They will professionally file your application explaining the rejection and doing it the right way
I took the risk of assuming what may have gone wrong and thinking I will do this and that and after spending 2 months to prepare second application ended up in getting second rejection despite a strong case and will all evidence so best consult a lawyer and ask them to file and by that I mean an immigration lawyer and not a immigration consultant, hire someone from canada
 

hasankarimi

Newbie
Jan 2, 2020
6
0
Thanks everyone for your suggestions. I talked with many lawyers and I also dig into canada website and found very important informations regarding my situation.
these two pages specially
https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/work-without-permit/convention-organizers.html
https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/work-without-permit/business/sales.html

It explains thoroughly my situation. I am responsible under contract of a french company for organizing the event and therefore eligible to acquire business visitor visa since the event is being run by a french company. therefore the french company has issued a letter that prove my cooperation with them.previously I thought that the french company has a subsidiary in Canada but found out that they've closed their branch and the headquarter is responsible for the event because no one is working for them in Canada anymore due to cost of keeping the office running.

However something has baffled me, in my case what is the invitation letter that I need to upload on the website? I know It is a letter that should be issued by a Canadian company but in my case I am traveling to Montreal on behalf of a french company for an event being held by a non Canadian company. so who is going to be invite me from Canada? I am lost .....