Surrogate visitor visa refused twice in Kenya

[mik122]

visitor visa refused twice in Kenya, i applied a visitor visa for my sister-in-law to come to Canada as a surrogate form Eritrea. i mean, me and my wife have been struggling to have a child for 7 years now. we have all document (history of infertility issues) & Doctor Note that our only option is to brining surrogate for us to carry a child.
1-we have provided all bank assessment ($90k), proof of accommodation & expense, citizenship, employment letter, pay stub (1200 a week) and income tax for 2 years.
2- my sister in-law provide all documents, finical tie in Eritrea, 4 children, 2 clothing stores, have house, Land, proof of her husband runs construction company and business, bank account 750k ($200K), and bank account of her husband ($350K)

****the response was from visa officer "you have not convince me that she will return back " to Eritrea.
my sister in -law travel from Eritrea to Ethiopia to apply for Visa and she have been away from her family 8 month. now she is returning to Eritrea within 3 weeks.

I can think million reason why they can denied visa, but i thought i have strong case. i don't think the visa officer really cares or understand the real issue here. My Doctor said this to me, brining surrogate is the only option for us and Canadian tax payers (healthcare cost). Surrogate is legal in Canada if someone doing it for free. we have 3 frozen egg stored waiting for transfer.

i m not sure what to say and how i can get help but this is my story,The truth is i never thought i would Hate Canada for one second, i felt hopeless & miserable. what option Do I Have. Please Any advice

 

[Bryanna]

Answered here:
https://www.canadavisa.com/canada-immigration-discussion-board/threads/visitors-visa-rejected-can-i-appeal.482934/

 

[mik122]

Hi,
As far as i know i submit all document and proof, i provide all her 4 children birth certificate, her last child is 2 years old. And i know all the law in Canada, I have seen surrogate came from Asia and Europe in my clinic. As i explained we have 3 frozen Embryo and we needed her for 3 month max, and she will deliver the child back home. i spoke with lawyer and they want her to be here to sign all document and fully understand the terms.

I did this Visa application for three Reasons:
1- OHIP -for seven years i wasted tax payers money and i want it to end.
2-I didn't want to go to INDIA/ Singapore to take advantage of a women renting their womb b/c they are forced by property. (it feels just another form of slavery). i m sure u know what i m saying.
3-I trust my sister-in-law, because she will go back home, she doesn't have problem with money, she is rich and well established there with her family. by the way, I have a sister in Toronto (single mother), 23 years old willing to help me But i don't trust her and her boy friend. These are my three reasons.

**** most of advise i got from people that i should have invite her with different purpose rather than surrogacy and i m regretting telling them the Truth.

my advise to people from Africa with similar case make sure you don't tell them the Truth (to bring surrogate mother).
i have read similar case from Ghana, Ethiopia, Uganda and Sudan refused. Believe this Visa officers are very Cold people.
Canada brings thousands immigrant every year but won't help you to bring some one that helping you and the tax payers. i m not sure why but i think it is too complex issue or it is because you are from Africa.

 

[Bryanna]

Hi,
As far as i know i submit all document and proof, i provide all her 4 children birth certificate, her last child is 2 years old. And i know all the law in Canada, I have seen surrogate came from Asia and Europe in my clinic. As i explained we have 3 frozen Embryo and we needed her for 3 month max, and she will deliver the child back home. i spoke with lawyer and they want her to be here to sign all document and fully understand the terms.

I did this Visa application for three Reasons:
1- OHIP -for seven years i wasted tax payers money and i want it to end.
2-I didn't want to go to INDIA/ Singapore to take advantage of a women renting their womb b/c they are forced by property. (it feels just another form of slavery). i m sure u know what i m saying.
3-I trust my sister-in-law, because she will go back home, she doesn't have problem with money, she is rich and well established there with her family. by the way, I have a sister in Toronto (single mother), 23 years old willing to help me But i don't trust her and her boy friend. These are my three reasons.

**** most of advise i got from people that i should have invite her with different purpose rather than surrogacy and i m regretting telling them the Truth.

my advise to people from Africa with similar case make sure you don't tell them the Truth (to bring surrogate mother).
i have read similar case from Ghana, Ethiopia, Uganda and Sudan refused. Believe this Visa officers are very Cold people.
Canada brings thousands immigrant every year but won't help you to bring some one that helping you and the tax payers. i m not sure why but i think it is too complex issue or it is because you are from Africa.

I empathize with you. You and your wife are in a difficult situation. You're doing your best. However, you need to convince the visa officer that your sister-in-law won't overstay. And, unfortunately, IRCC has not been convinced the two times that you've applied.

Maybe if you re-read my previous post, you might get some pointers or suggestions that could help.

I'm not in the medical profession (someone else can confirm this): Giving birth previously to four other children may/may not make your sister-in-law the ideal surrogate candidate unless she has medical reports to confirm she is medically fit for one more child.

Also, there are no guarantees or no sure shot timelines for the surrogacy process. So, the three embryo transfers that you've planned for may/may not take three cycles. It could take much longer. To a visa officer, this would indicate that your sister-in-law is likely to overstay her visit.

Even if you invite her with a different purpose of visit, her new TRV application with a different purpose of visit (tourism/family visit or the like) would raise huge red flags. Her previous applications continue to remain in IRCC's records.

We haven't come across another similar surrogacy case on this forum. I'm guessing similar TRV applications would probably result in refusals even if the applicants are not from Africa

I truly hope you are able to find a solution


PS:
1. The Surrogacy Bill of 2016 has banned commercial surrogacy in India. Foreigners or single Indians can no longer 'rent-a-womb'

2. Singapore has restricted guidelines for surrogacy

 

[canuck78]

I also think that the large volume of Eritrean citizens seeking asylum across the world doesn't help the situation. Given that 2 of her sisters have already settled in Canada could cause some concern that she doesn't plan on returning.