Refusal of a visitor visa for my minor son

[Mano B]

i am a Canadian permanent resident who lives in Ontario with my newly born son and husband. i have my elder son "11 years old" lives in Jordan with his father (my X-husband). after a lot of give and take, my x-husband agreed to send my son to spend the school brake with me in Canada and to meet his new baby brother. hence, he applied for a visitor visa for my son, and at my end i send him an invitation letter. only to receive a rejection/ refusal to grant my son a visa to visit me. the refusal read the following:

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 your travel history, Your family ties in Canada and in your country of residence, The purpose of your visit, Your personal assets and financial status.

with regards to the travel history: my son has a only a schengen visa, and he went to Italy for three weeks.
the family ties in Jordan and in Canada are obvious along with the purpose of travel. as for the financial status, his father, provided copy of his personal bank account showing 50,000 JD around 100,000 CAD, and another bank account that he opened for my son showing a transaction of 12,000 CAD to my bank in Canada to cover his visit expenses! that is along with copies of his deed to his house and around 120 acres of lands between Jordan and Palestine, plus the deed to his shopping center and his company in France!

i will be applying for another visitor visa for my son for the next school brake (in April), but i just needed some clarifications on some points as I was utterly surprised of the rejection
1. Technically speaking, i can apply for a sponsorship for my minor child, but i didn't as it is not the case, so how come my son is rejected, thinking that he might not leave Canada?
2. what is the problem with his ties in Jordan and Canada? so, his dad is in Jordan and his mother is in Canada, and so?
3. whats with the travel history? is Italy a bad country now?
4. the finical assets and status, i thought the immigration care about seeing that the visitor has enough money to cover his trip, and 12,000 CAD is way enough for an 11 years old boy to use over two weeks in Canada. who did this turns wrong?
5. would a letter from the mayor of my city boost the visitor visa application to my son?
6. who is the best person to apply for my son's visitor visa, myself (currently not working), my X-husband, or a lawyer/ paralegal consultant?
7. Can anybody help me find this paragraph 179(b) of the IRPR? I searched the internet, but couldn't find a clear document explaining this paragraph 179(b)!

Isn't my right as a Canadian residence living in Canada to have my son visit me? or is it really considered a delicate case that needs to be dealt with, with care? as one of the immigration consultant inform me?

your advise and clarification is much appreciate it and highly valued

Best

 

[steaky]

Is the child going to travel alone? It's not a right but privilege to invite someone to Canada for visit.

 

[Mano B]

Is the child going to travel alone? It's not a right but privilege to invite someone to Canada for visit.

He could be travelling alone, and he could be travelling with my husband. either ways, which one is better?

 

[Bryanna]

i am a Canadian permanent resident who lives in Ontario with my newly born son and husband. i have my elder son "11 years old" lives in Jordan with his father (my X-husband). after a lot of give and take, my x-husband agreed to send my son to spend the school brake with me in Canada and to meet his new baby brother. hence, he applied for a visitor visa for my son, and at my end i send him an invitation letter. only to receive a rejection/ refusal to grant my son a visa to visit me. the refusal read the following:

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 your travel history, Your family ties in Canada and in your country of residence, The purpose of your visit, Your personal assets and financial status.

with regards to the travel history: my son has a only a schengen visa, and he went to Italy for three weeks.
the family ties in Jordan and in Canada are obvious along with the purpose of travel. as for the financial status, his father, provided copy of his personal bank account showing 50,000 JD around 100,000 CAD, and another bank account that he opened for my son showing a transaction of 12,000 CAD to my bank in Canada to cover his visit expenses! that is along with copies of his deed to his house and around 120 acres of lands between Jordan and Palestine, plus the deed to his shopping center and his company in France!

i will be applying for another visitor visa for my son for the next school brake (in April), but i just needed some clarifications on some points as I was utterly surprised of the rejection

1. Technically speaking, i can apply for a sponsorship for my minor child, but i didn't as it is not the case, so how come my son is rejected, thinking that he might not leave Canada?

That's the general assumption.

2. what is the problem with his ties in Jordan and Canada? so, his dad is in Jordan and his mother is in Canada, and so?

Your older son's ties to Canada would outweigh his family ties to Jordan. It's his mom, new baby brother, new dad versus only his dad in Jordan.

3. whats with the travel history? is Italy a bad country now?

Your son doesn't have a history of visiting visa-required countries for short visits. His trip to Italy would be considered if he visited for a similar purpose, but obviously that's not the case here.

It's presumed he won't return to Jordan.

4. the finical assets and status, i thought the immigration care about seeing that the visitor has enough money to cover his trip, and 12,000 CAD is way enough for an 11 years old boy to use over two weeks in Canada. who did this turns wrong?

It's unrealistic for an 11-year old to bring so much money for a short visit. It might seem he is moving long-term to Canada with the money.

As the host and his mom at that, you would be expected to take care of his accommodation, travel and living expenses during his visit. Based on your post, you have not provided any evidence such as your/your new husband's bank statements.

Also, hope you know your son needs to declare anything over CAD 10,000 to CBSA when he arrives.

5. would a letter from the mayor of my city boost the visitor visa application to my son?

It won't help at all.

6. who is the best person to apply for my son's visitor visa, myself (currently not working), my X-husband, or a lawyer/ paralegal consultant?

As your son is a minor, only you or your husband can apply for his visa on his behalf. In this case, your ex-husband can apply.

Not sure about the type of custody you have with your ex-husband. You need to provide a consent letter to allow your son to travel abroad without you.


IMO, while your son has included considerable evidence of his dad's finances and financial assets (none of which directly benefits your son for a TRV though), your son has not included evidence:
1. His school ties

2. Your finances + a detailed day-by-day visit plan with expense estimates

3. Reasons to return to Jordan after a short visit (other reasons could be sports tournaments, volunteering for social/charity causes, events scheduled in Jordan/a third country after his Canada holiday, etc)

4. His relationship to you, your ex-husband (birth certificate, for example) + court custody documents. Did you declare your son as a non-accompanying family member when you applied for PR? Was he medically examined, etc then?

 

[Mano B]

That's the general assumption.

Thank you Bryanna for your time and clarifications, I would greatly appreciate it if you could clear some of the below inquiries. I left them in green.

Your older son's ties to Canada would outweigh his family ties to Jordan. It's his mom, new baby brother, new dad versus only his dad in Jordan.

The entire family is in Jordan, along with his two elder sisters. should i be mentioning this in the next application?

Your son doesn't have a history of visiting visa-required countries for short visits. His trip to Italy would be considered if he visited for a similar purpose, but obviously that's not the case here.

It's presumed he won't return to Jordan.

But if its the case at my end, I would be applying to sponsor him! not just a visitor visa...am still confused and cant really understand the logic behind this. which leads me to the question: if one day i want to sponsor my son, would it also be that complected just because his father and me are divorced?

It's unrealistic for an 11-year old to bring so much money for a short visit. It might seem he is moving long-term to Canada with the money.
As the host and his mom at that, you would be expected to take care of his accommodation, travel and living expenses during his visit. Based on your post, you have not provided any evidence such as your/your new husband's bank statements.
Also, hope you know your son needs to declare anything over CAD 10,000 to CBSA when he arrives.

his father is the one who applied for his visa, and he also sent me the money to my bank account to cover his expenses. hence, i only provide my bank account statement to show that i received the money he sent. even when we apply again, his father will be the one financially responsible for all my son expenses not me. also, i was planning to escape the cold and take him to Vancouver, which is why he sent me this amount, but i guess i should have mentioned a trip detail as you mentioned!

currently i don't work, so i guess that wont help if i apply for his visa, correct? Can I apply for the visa but mention that his father will finance his trip?

As your son is a minor, only you or your husband can apply for his visa on his behalf. In this case, your ex-husband can apply.

does this mean that immigration consultants lies when they tell me that its better when they apply for the visa on behalf of my son?

Not sure about the type of custody you have with your ex-husband. You need to provide a consent letter to allow your son to travel abroad without you.

custody doesn't work the same as in Canada. its automatically granted to the mother until she is re-married, then the father take it. we don't have paper to show this, but in all cases, I will be receiving my son in Canada and his father will be sending him from Jordan. hence, am not sure who will be asking for a consent letter? the Canadian borders?

IMO, while your son has included considerable evidence of his dad's finances and financial assets (none of which directly benefits your son for a TRV though), your son has not included evidence:

1. His school ties. like a letter from the school saying that he is a student over there?

2. Your finances + a detailed day-by-day visit plan with expense estimates. I don't work, cant his father provide his finances since he will be the one responsible for it?

3. Reasons to return to Jordan after a short visit (other reasons could be sports tournaments, volunteering for social/charity causes, events scheduled in Jordan/a third country after his Canada holiday, etc)

if we are applying for him to visit me during the coming spring brake, would a letter from the school sufficient as he needs to go back finishes his school? also, letter from the basketball league detailing the fees he paid covering a certain period of time?

4. His relationship to you, your ex-husband (birth certificate, for example) + court custody documents. Did you declare your son as a non-accompanying family member when you applied for PR? Was he medically examined, etc then?

my son was not born yet when we first landed. i came back to live in Canada after i got a divorce and remarried, and his father renounced his PR. what does a non-accompanying family member means? indeed, I am planing to sponsor my son at some point, after granting the approval from his father "convince him", would this be a complected case?

 

[Mano B]

Do you happen to have a copy of paragraph 179(b) of the IRPR?

 

[Bryanna]

Do you happen to have a copy of paragraph 179(b) of the IRPR?

Here it is:
https://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-227/section-179.html

 

[Bryanna]

my son was not born yet when we first landed. i came back to live in Canada after i got a divorce and remarried, and his father renounced his PR. what does a non-accompanying family member means? indeed, I am planing to sponsor my son at some point, after granting the approval from his father "convince him", would this be a complected case?

Your son was born after you landed as a PR. That's okay. You can sponsor him if your ex-husband allows it

 

[Mano B]

Your son was born after you landed as a PR. That's okay. You can sponsor him if your ex-husband allows it

thank you for your response

 

[Mano B]

Here it is:
https://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-227/section-179.html

Thank you for your response.

Can I apply for a visitor visa for my son, but use his father bank statements as supporting doc. as the person in charge of his trip expenses?

 

[Bryanna]

Can I apply for a visitor visa for my son, but use his father bank statements as supporting doc. as the person in charge of his trip expenses?

Sure, you can.

I recommend that you include some financial documents from yourself/your new husband as well. This will prove that although his biological dad will pay for the visit (airfare, visa fees, visit itinerary, etc), but in reality you will take care of his visit expenses as his mother

 

[Mano B]

Sure, you can.

I recommend that you include some financial documents from yourself/your new husband as well. This will prove that although his biological dad will pay for the visit (airfare, visa fees, visit itinerary, etc), but in reality you will take care of his visit expenses as his mother

I appreciate your advise big time Bryanna, and honor your knowledge about the following:

I was told that I have 15 days window from the time of receiving the rejection, to send an explanation letter explaining to clear the misunderstanding, instead of re-applying all over again, is this true?

If its not the case, in my new visa application, should I be responding to the above 4 rejection bases in my application letter?

I was also told that I can reach out to my parliament member for support, is this true? is there such support service?

 

[Bryanna]

I was told that I have 15 days window from the time of receiving the rejection, to send an explanation letter explaining to clear the misunderstanding, instead of re-applying all over again, is this true?

What you've been advised is to ask the Program Manager for a review/reconsideration of the application. This is not a judicial review which involves filing a petition in the Federal Court. You can certainly try this route. I would simply reapply by including the evidence that wasn't submitted earlier.

If its not the case, in my new visa application, should I be responding to the above 4 rejection bases in my application letter?

Yes along with the hard evidence

I was also told that I can reach out to my parliament member for support, is this true? is there such support service?

Nope, no truth in this. MPs cannot influence visa decisions