Parents Visa Refused - Need Guidance for ReApplying

[faizankhan]

My parents applied for a TRV to visit Canada for four months in August. My brother (Canadian Citizen) and his wife were expecting their first child in Sept/Oct and my parents wanted to be there for the birth of their first grandchild. We also mentioned this as the main reason for my parents visit in our application.

Application date: 16th Aug
Biometric Request: 19th Aug
Biometric Submitted: 06th Sept
Visa Refusal: 12th Sept

The refusal reasons for both parents are mentioned below:

1) Family ties in Canada and in country of residence
2) Length of proposed stay in Canada

Can somebody guide me on the reapplying process? For the two refusal points mentioned above, below are the details we provided when applying:

1) Family ties in Canada and in country of residence - We mentioned in the Cover Letter that my parents would be leaving behind me (adult son) and my disabled aunt who is reliant on my mother. We also mentioned in the cover letter that my mother's mother (my grandmother) is in Pakistan, and also that both my parents siblings (my aunts & uncles) are in Pakistan. Also showed property ownership in mother & father's names. We believed these were enough reasons to return but apparently it wasn't. Is there some thing we missed out that we should mention when reapplying?

2) Length of proposed stay in Canada - We applied for a four month visa since this is the first time that my parents would be visiting my brother abroad. We can bring this down to 6 weeks. Can any body share their experiences on the visa duration aspect?

Would appreciate if anyone has suggestions on how to turn around this case as I believe both reasons can be fixed.

Bryanna & Scylla - pls look into this and share your suggestions on reapplication process.

Thanks!

 

[scylla]

Four months is too long a trip. Six weeks is also too long and demonstrates a lack of ties to their home country. You need to bring this down to 2-3 weeks.

Can either of your parents show proof of employment? Do they own a business? Did they show proof of funds / bank accounts?

 

[Bryanna]

IMO, one key contributor to the refusal is stating your parents are visiting for the birth of their grandchild. This could be viewed as coming to work illegally on a TRV. Plus, a visit of four months would confirm this purpose of visit (Read: Working 'illegally' even if it is unpaid).

What would help is hard evidence compared to explanations. I would include evidence to prove your disabled aunt is dependent on your mom. The fact that your parents (especially your mom) sought a four months' visit (which is considerably long) would indicate your aunt can manage without your mom's help.

Unfortunately (from a visa perspective), as an adult, you are not a family tie to return to as you can take care of yourself without your parents. It's the same about your mom/dad's married siblings.

IMO, if your parents are retired (and if they don't have a business/employment as scylla has suggested) then you must reapply only for your mom..... but for a visit for 3-4 weeks max. (to prove your aunt is indeed dependent on her)

 

[faizankhan]

Hello Scylla & Bryanna - thank you for the detailed responses.

@scylla
"Can either of your parents show proof of employment? Do they own a business? Did they show proof of funds / bank accounts?"
My mother is a homemaker and my father is a 69yo retired professor. We showed sufficient funds in the bank and also showed money was not an issue as all their children can financially support them for the visit.

Do note that Travel History (no travel history in 15 years), Personal Assets and Financial Status (sufficient properties, assets & bank balances were shown), and Purpose of Visit (to be there & support children during grandchild's birth) were not highlighted by the VO as reasons for refusal. This suggests that they're OK with all the documents provided. What do you think?

@Bryanna -
"I would include evidence to prove your disabled aunt is dependent on your mom. The fact that your parents (especially your mom) sought a four months' visit (which is considerably long) would indicate your aunt can manage without your mom's help."
You highlighted an important point about the length of visit and the dependency of my aunt on my mother. I am thinking of getting a doctor's note about my aunt's disability to highlight this aspect of the case further. I will also reduce the length of my mother's visit to 3-4 weeks to counter the working illegally part.

Additional point: When we applied in Aug, the reason for visit was to be there by first week of October for the grandchild's birth and to support my brother & his wife during that phase. The baby was born earlier than expected in the first week of Sept, so now the purpose of visit is to just visit the grandchild. Do you think that makes a major impact on the application?

Regards

 

[Bryanna]

Hi,

and Purpose of Visit (to be there & support children during grandchild's birth) were not highlighted by the VO as reasons for refusal. This suggests that they're OK with all the documents provided. What do you think?

I don't think so. If (for example) you reapply with the same documents, another visa officer could include the 'Purpose of visit' refusal reason.

We have seen some cases where applicants reapplied with the exact same documents and received slightly different refusal reasons as compared to the previous applications.

I am thinking of getting a doctor's note about my aunt's disability to highlight this aspect of the case further.

You'll also need to include:
1. Evidence that your aunt lives at the same address as your parents
2. Any medical insurance policy/insurance claims made for her disability
3. Birth certificates of your mom and your aunt (to prove their relationship)
4. Evidence of your mom caring for your aunt (hospital visits or medical treatment or if your mom is authorized to represent your aunt for any property/legal matters)
5. A short explanation about who will take care of your aunt temporarily, especially if you're employed/a student

The baby was born earlier than expected in the first week of Sept, so now the purpose of visit is to just visit the grandchild. Do you think that makes a major impact on the application?

It would still seem like your parents are visiting to take care of the newborn


Cheers

 

[faizankhan]

Thanks Bryanna - I'm currently working on improving the documentation.

So how do I reapply for the Visa? My father was the Primary Applicant and my mother the Family Member Applicant when I applied the first time.

Do I launch a new Visa application with my mother being the Primary Applicant this time and upload all the documents on that application? Or do I rework on the earlier applications (if that is a possibility).

I cannot find a straightup answer on how to "reapply" for a refused visa.

Thanks!

 

[Bryanna]

You'll need to reapply from scratch. Do think about it as brand new applications.

I suggest you post your parents' individual strong ties/situation for better advice

 

[faizankhan]

Father:
69yo, retired professor
Offers tuition part-time to college & university level students.
Financials: Pensioner, small-time investments in the stock market
Assets: Property in his own name
Family: His elder brothers, disabled sister, unmarried son (me)

Mother:
55yo, homemaker since marriage
College educated but doesn't speak English
Financials: Shares bank account with husband
Assets: Property in her own name
Family: Her mother, siblings, plus my disabled aunt (who is my father's sister), unmarried son (me)

Both have lived abroad for 15+ years and traveled many countries, but returned to Pak in 2004, after which they have not traveled. Both also had a valid US visa but that was in early 2000s.

 

[Bryanna]

For you dad:
1. Is he able to prove that he teaches students?? Maybe through payments (checks/bank statements)??

2. Does your dad need to return to renew the pension? Can he provide evidence if it's the case?

3. Is the property rented out? Does he need to return for any reason pertaining to the property?


For your mom:
1. Same as your dad's property: Is the property rented out? Does she need to return for any reason pertaining to the property?