My Mother got her visa refused on her Son's wedding

[SKA51214]

my Mother applied TRV for Canada to attend her younger son's wedding but visa application was refused. my brother who is at the moment on student visa and getting married with a Canadian citizen. And my mother's real brother who is living in Canada from last 20 years sent out a sponsor letter for my mother in which he clearly mentioned that he will responsible for her accommodation, food & travel during her stay stay in Canada and letter was attested by PUBLIC NOTARY (attested by a solicitor).
She mention in her application the her husband is not travelling due to his medical treatment.
But her visa got refused with several reasons listed below:

1- you have not satisfied me that you would leave Canada at the end of your stay as a temporary resident. In reaching this decision, I considered several factors including;

2- Travel history

3- Family ties in Canada and in the country of residence (I think we missed documentation to proof the relationship with the SON & her BROTHER(sponsor)??

4- Length of proposed stay in CANADA ( she mentioned one month)

5- Purpose of visit ( I don't understand as she is going to her son's wedding)

6- Personal assets and financial status (she mentioned bank statement approx CAD 10K as her food,accommodation & travel was covered by her brother also mentioned in sponsor letter)

7- I am not satisfied that you have sufficient funds to carry out your stay in Canada, including assets and income.

8- you have not provided sufficient documentation to support your HOST income and assets.

9- You have failed to demonstrate that you are established to a degree that compels your return at the end of proposed visit.


I need help what documents do we require in order to reapply and when we should reapply for wedding AGAIN or when her son will get a PR ?
But at least i would like to know what documents she has missed against these allegations..
She has a very limited time for Re-Apply so please reply as soon as you can. URGENT HELP REQUIRED

BUNDLE OF THANKS

 

[Bryanna]

Hi,

Refusals are possible if the applicant does not demonstrate strong reasons to return to his/her country + an over dependence on the host + lack of travel history, etc. You'll have to provide more details.


1. What documents did your mom submit? For herself as the applicant? From your uncle, the host? And, for your brother's wedding?

2. What reasons/ties can your mom prove to show she will leave: Employment/business + property or land ownership?

3. Does your mom live with other dependent family members? For example, your dad, your siblings (are they married), your grandparents?

4. Can your mom prove she can afford the visit with her own finances (without having to depend on your uncle/your brother)? Did she borrow money from anyone (bank balance)?

5. Has your mom traveled abroad earlier?


Cheers

 

[SKA51214]

my uncle is very well settled and has only 2 dependents his wife & son.
we provided;
1-sponsor letter. his tax doc of his house. no bank statements even we didn't clearly mention that he will be fully financially responsible for mother's stay in Canada. i think that was the reason VO was not satisfied?

2- she has a residential property cost approx CAD$ 30K, she is house wife & has personal bank statement of CAD$10K

3- no only with my Father. But my father is sick & under treatment so she has to come back for him.

4- No, as she is a house wife & have personal bank statement.

5- Now this is interesting, i would need your advice on this. She traveled to Canada in 2000 with my Father. My father claimed Refugee asylum but my mother came back during the visit visa time limit. Then again she applied for Canada visit visa while my Dad was there on Asylum but got refused. Now, this time was her 3rd attempt.
so, 1 granted & 2 refusals. I know that was not a good idea to apply a visit visa while her husband was on Asylum but my dad had a serious accident so she couldn't stop herself. But once she got refused & my dad got recovered with his injuried he left Canada in 2009 Volunteerly with no criminal records.

Appreciate your help

 

[SKA51214]

For my brother's side we sent out the
wedding hall booking letters
wedding cards
bride & groom pictures including their contact details
my brother's college letter
An invitation letter for her mother for his wedding


Cheers

 

[Bryanna]

Based on the information you've given, it seems primarily that IRCC has concerns that your mom may overstay her visit/apply for asylum.

Also, her ties to Canada are unbalanced i.e. she has more family in Canada than in her home country.... which explains the refusal reason for family ties.

1-sponsor letter. his tax doc of his house. no bank statements even we didn't clearly mention that he will be fully financially responsible for mother's stay in Canada. i think that was the reason VO was not satisfied?

Normally, a TRV invitation letter from a Canadian host (family member) will include accommodation, travel and living expenses. IRCC understands this. However, Refusal Reason #8 indicates that some aspect of his invitation/your mom's visit directly/indirectly stated some financial assistance from your uncle.

You're right. Your mom should have included evidence to prove she is related to your uncle and your brother.

2- she has a residential property cost approx CAD$ 30K, she is house wife & has personal bank statement of CAD$10K

Is it a shared ownership with your dad?

Was any of the money borrowed/transferred to her bank account shortly before she applied?

3- no only with my Father. But my father is sick & under treatment so she has to come back for him.

What evidence did she include for this? Is it a critical medical condition? Is your mom the sole caregiver? Did she prove that someone else will look after your dad temporarily while she is away?

She traveled to Canada in 2000 with my Father.

She sailed through the first TRV application because IRCC was convinced that she was a genuine visitor. Later, as your dad claimed asylum, IRCC no longer considered her as a visitor even though she left within 6 months. Hence, the first TRV refusal.

What was the outcome of your dad's asylum application? Did he withdraw his asylum application? Or was he asked to leave Canada?

Also, except for your dad, your mom does not have any strong reasons to return to her home country. It would have helped if she had been granted visas to other countries after her Canada visit + if she had made other short trips abroad.

I suggest you do not apply for another TRV (although she will miss attending an important family occasion) until you have full details of the visa officer's observations. Do order GCMS notes


Cheers

 

[scylla]

FYI - you've misunderstood the family ties refusal. CIC is saying her ties to Canada are too strong and her ties to her home country are too weak. You want to emphasize her ties to her home country.

The purpose of trip refusal reason means CIC has concerns she is coming for more than just tourism (i.e. has plans on remaining in Canada long term). Again, you want to emphasize ties to her home country.

 

[SKA51214]

Hi,
Quote 1 :
Yes, you are right. do you think she must reapply as my brother wedding is in 11th of May. she got refusal documents on 21st of March. I can get the letters from host in which he will assure that he will take the full responsibility of my mother during her stay in CANADA. Also i can attach the relevant documents to proof my mother's relation to her brother & son. my uncle can provide his personal bank statement or any other income proof or documents if CIC will ask BUT directly to them. But in an invitation he can write that he will be responsible if any documents require contact me i will send you over blah blah..

Quote 2:
No, she is not. but she has another property she owned worth CAD$30K
yes, my father gave her CAD$6000 approx month ago. her total balance is CAD$10k & assets around CAD$30K

Quote 3:
She didn't mentioned any documents or medical certificate of my father. she even didn't mentioned like there is no one to look after my husband other than me. where i thinks VO thought she won't come back as she has no reason to come back. what do you think?

Quote 4:
my dad with draw his asylum case and left even before hearing in court. i have that letter which clearly mentions that my father is leaving canada volunteerly no escort nedded etc..
she did made some short trips. she went to Iran for one month visit.

What are GCMS notes? can you send me any web link please!

Your Star thank you for your kind help.
Please give me some more advice on my mother's case if you can.

I would like to discuss with you another Case No 2 of my Uncle ( MY father's real brother) Who applied as well with the same documentation but sponsor was my mother's brother's SON means my cousin who is working at my Uncle's Store in Mississauga.
Why my uncle applied visa?
my father couldn't make it due to his sickness. so he thought he will go. he applied along with his wife (my aunt). both got refused. both have no travel history. and both got refused with same allegations which my mother got in her refusal.
my uncle has 3 kids, but only applied with his wife. documents he submitted to CIC;

1-His employer letter, employee card, (But no holiday letter would that make difference?)
2-bank statement CAD$ 21K for both husband & wife.
3-same letters from my brother & my uncle's son (his sponsor)
4-Family Registration certificate which proofs he is real uncle of my brother.
5-But they were going only for 10 days still got same allegation from CIC (Length of proposed stay in canada) Whereas my mother got an invitation for one month which i can understand is to long for a 2 days event.
6- All three My (mother, uncle and aunt) didn't give any travel plan to CIC i.e itinerary or ticket reservations which clarify when they will go & leave canada.

What do you think what are the reasons both my uncle & aunt got refused?

 

[SKA51214]

FYI - you've misunderstood the family ties refusal. CIC is saying her ties to Canada are too strong and her ties to her home country are too weak. You want to emphasize her ties to her home country.

The purpose of trip refusal reason means CIC has concerns she is coming for more than just tourism (i.e. has plans on remaining in Canada long term). Again, you want to emphasize ties to her home country.

Thank you for your reply. please tell me what sort of documents do i require?

Regards
SKA

 

[Bryanna]

IMO, there's a 50-50 chance that your mom will get a TRV if she reapplies. She may get a TRV if: She prepares her application well + considering your dad left voluntarily. She may get refused: Stronger family ties in Canada + except for your dad, she has no other reasons to return to her home country + no previous travel history.

I would recommend you apply for GCMS notes which could take 4-5 weeks. It also means your mom could miss attending your brother's wedding.


If your mom decides to reapply (without the GCMS notes):
1. Include evidence that she is related to your uncle + his financial documents (it's not necessary for the host to submit personal financial documents for a TRV + your mom's financial documents matter more than your uncle's)

2. Your uncle's invitation letter: As your uncle and his family have not met your mom since XX years, the wedding will be a good opportunity for a family reunion. Your brother's invitation letter: Should be a bit on the emotional side (how he'd like for at least one parent to be present at his wedding, the sacrifices your mom made to raise him, etc) but don't make this letter a teary one

Your uncle's invitation letter must state he will provide accommodation, pay for local travel, etc.


3. Keep her visit to 2 weeks. Focus on your dad's illness as a reason why she cannot stay longer than 2 weeks. Also, draw up a day-by-day itinerary like a typical tourist + meeting family/friends + your brother's wedding, etc


4. Your mom must prove through really solid documentation that your dad is the reason for her to return asap.

Do include evidence that your mom/dad live at the same address since 2009 (to remove any concerns that your dad may have applied for asylum in another country + no one else lives at the same address = no one else can take care of your dad long-term) + doctors' certificates/medical reports + if there are medical check-ups/surgery scheduled after her visit then evidence of this + who will look after him temporarily, etc


5. Property ownership documents + property tax receipts + self-valuation as per the current market value + if it is rented out then include the rent agreement, rent receipts, rental income.... (whichever is applicable)


6. A Letter of Financial Support from your dad + his bank statement + highlight the transfer of CAD 6,000 from his account to your mom's bank account + an explanation for this transfer


7. Unfortunately, Iran does not count as travel history


8. Can your mom include some other compelling reason (apart from your dad's illness) to return to a home country by a specific date? For example, a wedding in the immediate family, litigation, etc? With evidence


GCMS notes will provide details/the observations made by the visa officer for your mom's application:
http://www.cic.gc.ca/english/department/atip/requests-atip.asp


Cheers