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

Reapplying for a TRV after refusal...suggestions

dagleykb

Newbie
Dec 30, 2017
8
0
To Whom it May Concern,

I am a Canadian citizen of 32 years living and teaching in southern Nova Scotia in the midst of preparing to start my own family. My girlfriend of >5 years lives in Manila, Philippines and, openly and honestly, ultimately wishes to immigrate here as a long-term plan.

However, in the short-term we have been struggling, no, we are now supremely frustrated, with just trying to even simply meet up again, to have a chance at meeting each others’ families, further cement our relationship in person and build some lasting memories participating in events together. She applied for the Temporary Residence Visa (Visitor Visa equivalent) in 2017 after we planned out a three-week itinerary that would see us have a chance to tour around the province of Nova Scotia during the summer, however her visa was denied. We tried again the summer of 2018 but applied for a visa to the USA in an effort to meet up in Boston (site of the Boston Marathon) and New York so that she might still see/tour around similar terrain/woodlands/coastlines/climate, see some sights, meet my family and so we could travel together for two-weeks but again her visa was denied due to a “lack of Strong Ties in Home Country” that would compel her to return after travel to USA. We are concerned that successive entry denials would hurt her ability to eventually immigrate in the future or would encourage future denials for even short stays, hence the application to the USA the second time around. We wish to try again for a Canadian TRV for this summer. We are desperately seeking any advice, support or clarity on just exactly what is needed to have someone visit Canada for a simple one to two-week vacation stay (we would like three weeks ideally, but just to meet at all at this point would be great). She was denied on three criteria, but overall is there anything we can do to prove intent to leave before a visa expires? We have been told many things, but we aren’t travel experts and are shocked at the seeming requirements for such a simple thing as a relatively short tourist trip. Why the hell does Canada not have a separate Visitor Visa for short stays rather than a combined Temporary Residence Visa that goes up to 6 months?


1) The immigration officer that reviewed her file back in 2017, for coming to Canada, cited a lack of travel history as part of her denial, stating there is no precedent that she would leave after the visa expired. She has several upcoming international trips later this year (2019) with already paid round-trip tickets like in the previous years when she applied, but this wasn’t brought-up during either of her visa interviews. It is true that prior to that application she had no travel history abroad. She has since traveled to multiple ASEAN countries to bolster her travel history, but after consulting retired immigration officers, other perspective tourists, a retired travel agent, and others it seems these have little weight and that previous travel to a Schengen country or the USA is more beneficial in terms of proving one’s intent to willfully leave Canada after a brief stay. She has since been to Taiwan, China (Beijing; Hong Kong), Japan, South Korea twice, Malaysia, Singapore, Indonesia, Vietnam, Thailand, Cambodia, etc. From what we have been told it sounds like the US and Canada both denied her for not having been to the Canada or the US respectively, or some other Schengen country. Yet how can anyone ever hope to acquire the necessary travel experience to meet this requirement if one can never get into one of these Schengen countries as a tourist due to similar requirements in the first place? Would it be any benefit to book with a travel agency on a specific tour? We have been told her brief visits to some of the other ASEAN countries holds less weight as well since she was on an atypical tour of only a few days at some of those locations (she took part in the multi-legged Spartan Obstacle Race event in Malaysia that included a DIY tour to nearby countries) whereas most tourists stay for longer periods. Even her longer trips to Hong Kong, Japan and South Korea without an agency plan, and in major cities with a large open job market holds little weight in standing so we are told. How much experience does one need? Now that she has some travel experience might this suffice? No wonder our tourist market is shrinking in the Atlantic Provinces if people have to have traveled elsewhere, or many other places before coming here for a visit.
 

dagleykb

Newbie
Dec 30, 2017
8
0
2) She has worked for an international company in Manila for 11.5 years after graduating from the University of the Philippines. The company has changed names several times, each time being bought by a bigger chain company. Currently they are known as Alorica, after that company purchased Expert Global Solutions (EGS). She has worked in various departments starting as an Agent level (Billing Research Analyst/Auditor) of a smaller program/account supporting one client, then got promoted several times along the way and into a bigger role of Non-Agent/Supervisory level (Business Process Innovation Analyst) supporting the company in a corporate level working side-by-side with upper management. They are once again going through a department shuffle and reorganizing staff right now. I myself have applied using the Access to Information and Privacy (ATIP) service in Canada to get the notes from the immigration officer in Manila that processed her request which shows she was refused based on her “current employment situation.” The application “notes” accessed via ATIP reads “no evidence of employment/income” and in the same breath in the next paragraph section “Employed: Business Process Innovation Analyst: Alorica Teleservices Inc.” Listed under the “Refusal Grounds Details” there is the familiar above single line stating: “current employment situation” for which we can find no real details listed other than these few shown lines. We can only assume the grounds for refusal might be related to the nature of business of her company which is BPO (Business Process Outsourcing) doing business by contracting of non-primary business activities and functions as a third-party service provider instead of a Government-owned or non-BPO company, despite stating the fact that her company is currently the 2nd largest BPO provider in the Philippines with 17 local sites and more internationally, including Hamilton, Ontario. We really have no idea. Could it be because their company is contract based? My girlfriend provided information we thought would be in excess to show her company ties, her company supplied scheduled projects she was responsible for on her return, ongoing projects, her granted vacation leave (which she hadn’t claimed in years and was the reason she could go for a full 3 weeks since she saved them up intentionally) and scheduled return to work date, purchased plane tickets after the visit to Canada for inter-Philippines travel for both work and family appointments of upcoming holiday breaks, and income records. Could you suggest anything that would help strengthen requirements for proof of dedicated work ties? What are the requirements for a “good employment situation” that a simple tourist would need to prove?” It just doesn’t seem right that all this would be required for a simple 2-3 week trip!


3) Given her intention to eventually immigrate it seems counter productive to invest in land, a single-family dwelling or vehicle, yet she was denied a visa given she did not have such ties (assets). Can one not travel to a place and confirm they could tolerate that climate, accept given cultural norms and values or bare being away from family/friends before confirming they would try to immigrate there? With the simple fact that most families or young adults entering the workforce live in or rent apartments and that the majority of available/affordable housing in major cities is tenant-based, due to urbanization, urban planning, space requirements, etc and the need to study/work in areas with high population density (much less the costs associated with such purchases on single young adults), we find it confounding that requiring such physical assets is necessary for something like a 2-week visit if a persons funds are otherwise in order. While I was living in China for example most of my contacts living in big cities like Shanghai or Suzhou, or those living in more rural regions often rented apartments or did not own vehicles and used public transit. This requirement seems a bit much just to be a tourist. Now I admit her finances are not stellar, the immigration officer states them as “modest personal savings,” but I submitted proof that as a host I would support her during her stay, going so far as to provide a Notarized Letter. My finances are, trying to stay humble, quite admirable for a single young adult, I have and would have no trouble supporting someone for a short stay entirely. Now I realize after the fact this might have hurt her application based on what others have put forth, the IRCC has no way of enforcing that I pay for her trip if I decide to change my mind, but if the funds are clearly available by myself and she has ties to her home country for which she has to return why couldn't I support her short stay myself upfront? The fact that she has traveled so much recently to gain good standing in her travel history hasn’t made her saving money that easier. That said, what measurable financial assets are required to prevent this from being a stopping point? At what dollar value can someone be considered financial secure to visit for one week, two weeks or even 6 months? Is there somewhere that we can see these numbers quantifiable or how is this decision made? If she purchases the tickets and pays for the trip herself could I not reimburse her some funds afterwards (as this trip was intended as a gift) or would IRCC take that as a bad thing for future applications?



Note: Included in the application was the following:
-History of our relationship (communications logs, gift receipts, etc) going back nearly three years.
-Detailed Trip Itenerary
-Parks Canada 150th Pass (for tourism and camping discounts)
-Personal Earnings Statements, Bank Account Balances, Savings & Investments Statements, etc (from us both)
-Multiple Identification Documents (from both of us) passport, licenses, etc.
-Purpose of Travel Letter
-Family Information in the Philippines
-Visa Invitation Letter (documenting my intent to sponsor her trip)
-Canadian Lawyer Notarized Letter (legally saying I would be sponsoring her expenses while in Canada)
-Letter from her employment company stating her approved vacation time, return to work date, several meetings, projects, and training dates, etc that she would be attending to upon return and their dates, etc.
-Letter from her employer stating her work history, recent promotions, etc.
-Copies of airfare tickets between her place of residence in the Philippines and her family home dated shortly post trip.
-Copies of receipts for being entered in mountain climbing and marathon events, post trip, back in the Philippines.



Should my girlfriend just try applying on her own without mentioning me at all, given that her record would show she tried to apply with my backing in 2017? Would it be better for me to apply for her here in Canada or for her to try at the embassy in Manila again?



For a simple two week tourist trip Canada is surprisingly hard to gain access too, for it would seem many persons worldwide. Living in a region that thrives on tourism it puzzles me greatly to no end all of the information I have pored over and been privy too thus far. I remain, looking for help from any immigration officials, volunteers, etc that can inform us on how best we could proceed. What exactly can we do to prove our humble and honest intentions for a short vacation meet up, leading to perhaps more short assemblies/or an eventual immigration application in future years?


Kind Regards,


A humble Canadian citizen,


K Dagley
 

canuck78

VIP Member
Jun 18, 2017
57,684
14,186
1. Yes her travel history will not count for much unfortunately. No difference between tours and private travel. Would assume she will be denied again. The fear is she will arrive and you will get married and apply for inland sponsorship. Her refusals will not effect her spousal sponsorship.

2. Could be about salary level. If her salary would be easily attainable in Canada.

3. Don’t buy tickets unless she actually have funds. Unfortunately some people arrive in Canada and their hosts don’t cover their expenses and it becomes a crisis. That is why people need to show they can pay for their own travel.

Yes Canada has a big tourist industry but it is also expensive your girlfriend doesn’t seem like she would be able to afford to pay for her own travel to Canada if she had to pay for transportation and accommodations. Canada refuses many TRV applicants to try and prevent people from arriving and either trying to find employment whether it be legal or illegal. Once people arrive it is much harder to get them to leave. My best suggestion would to get married and sponsor her if that is your future plan. If you are a teacher you should be able to attend to visit the Philippines in the summer which is luckier than many in Canada.
 

k.h.p.

VIP Member
Mar 1, 2019
8,801
2,250
Canada
Unfortunately, putting so much effort into demonstrating your relationship with your girlfriend in her TRV application is likely hurting her as well. The visa officer will see a demonstrated relationship with a Canadian and will assume that you are going to marry her in Canada and apply for spousal sponsorship.

Your invitation letter offering support is not legally enforceable - you cannot be forced to pay her expenses - but it will be seen as evidence she would be able to live here overstaying while a spousal sponsorship takes place.

This pathway - girlfriend to tourist to spousal sponsorship - is very common for people from the Philippines. It's counting against you.