TRV for Helper/nanny

[SovSol]

Good day everyone !

Need a little help here! My wife , Canadian citizen, resident of Hong Kong, was planning to bring our nanny with her to Canada, while visiting her parents this summer. We did it last year, had no problem in getting a visa for our nanny with basic supporting documents. This year got refused twice; first, purpose of visit and Other " You do not possess a valid work permit to work in Canada". Second, purpose of visit, Length of proposed stay and other " You require a work permit for your intended purpose of travel". What changed, different VO ? we applied with same type of documents as last year, second time added even more . Now at VAC here in Hong Kong specifically told us she doesn't need a work permit to accompany my wife, can VO just be a new guy who doesn't know ? Should I try applying online instead of VAC in hopes of getting a different VO ? Another question, if we apply for a shorter stay, lets say 3 weeks , what are the chances of getting a visa with a longer validity ? (I am guessing , there answer would be " you never know ".)
thank you,

 

[Bryanna]

Hi,

How long did she say she'll be visiting in the previous applications?


1. She must prove that she is employed full-time as a nanny (employment contract, etc)

2. A visit of 2-3 weeks would improve her chances of getting a TRV. She will need a work permit if she intends to visit for 6+ months

3. She must prove that she is a genuine visitor + will return to Hong Kong after a short visit (as your wife is a Canadian)


Cheers

 

[SovSol]

First of all, thank you for your reply !

1. Employment contract was included with application.

2.First application was from April 2nd, until August 22, 2017 . Second, application from May 2nd until August 22,2017. Now I know its way to long .
Now my question if we apply for 2-3 weeks what are the chances of actually getting a longer visa? I've read on this forum quit few people got a longer visa than requested in application. My wife will be flying back in August as my daughter starts her school in Hong Kong.

3.Now,no idea how to prove this, or the documents that were required by VAC are obviously not sufficient .
following documents were provided with addition to application form;
- Applicant ID copy and HK Visa copy
- Employment Contract copy
- Employer’s ID copy
- Employer’s financial supporting document e.g. recent bank statement or others (will not return)
- Employer’s explanation of the purpose for bringing the applicant to Canada and specify who will be responsible for all expenses related to the trip
- Travel Itinerary for applicant and employer
also as a proof that my wife and I will be coming back in august, we provided my contract with a company I work for in Hong Kong, rent contract, acceptance of my daughter to school in September.

 

[Bryanna]

How long did she remain in Canada on her previous visit?

Now my question if we apply for 2-3 weeks what are the chances of actually getting a longer visa?

The TRV validity will depend on the assessment made by the visa officer. If approved, it could be for 6 months going up to passport expiry.


1. If she shortens her visit to 2-3 weeks, when she reapplies, this would raise doubts vis-a-vis the travel dates stated in the previous applications. Would your travel plans include a visit(s) to the US when you're in Canada? Or would she have to return home by a specific date (before August)? If yes, she must provide evidence of this + prepare a travel itinerary.

2. If she has accompanied your family on visits abroad then do include evidence for this (including her previous visit to Canada).

3. Do include proofs of salaries paid to her

4. Evidence of her ties to Hong Kong/her home country

 

[SovSol]

On a previous visit she remained in canada from June 2nd until August 23rd, 2016 Visa was given from May 17,2016 until November, 2016.

1. well, so we shouldn't make her dates shorter >? I want to try again, should we wait a bit ? I applied for CAIPs file, but they told me it'll take 5 weeks to get.
Not planning to visit US or any other country, my wife will be giving birth in Canada, so wont be able to travel much with an infant My wife has to return to Hong Kong by September, as my daughter starts her school on the 1st, not before August.

2.She went to Canada last year, plus a trip to Philippines (our nanny is from Philippines) with my wife.

3. I am paying her cash (as she requested), so the only proof I can give is to write some kind of statement myself. would that be useful ?

4. No evidence, that's what I am wondering about . What should I use, she has no bank account, no property to her name. Just her daughter that lives/works here in Hong Kong, they see each other every week, and other family in Philippines, that's she doesn't actually see often. So any other suggestions on ties ?

 

[Bryanna]

Hope the invitation letter did not mention about accompanying your wife for the birth of your new baby in Canada. If yes, it would explain the refusals. Nonetheless, you could order GCMS notes.

It is better to wait a bit before reapplying. Applying in quick succession indicates desperation to visit. I would also keep a much shorter visit of 2-3 weeks.


It is imperative to prove that she is employed full-time in your household.


I suggest (in addition to the other documents which you had submitted):
1. A copy of her full-time work contract issued by yourself + copies of previous work contracts issued to her.

3. Was she hired through an agency? If yes, then that's even better. Do include relevant evidence.

4. A copy of her Foreign Domestic Helper visa

5. Does the work contract state that she will be paid in cash? Can you issue 3-4 months receipts for these cash salaries?

6. Evidence of her accompanying your wife to Canada and the Philippines.... and returning back to Hong Kong after short stays.

7. Any evidence/registrations to show she lives with your family?

8. Does she have to return to renew her FDH visa? Or for some reason concerning her daughter? Or for some other event (wedding in the immediate family, for example) with evidence?

9. Evidence that her daughter (and closest family member) lives/works in Hong Kong.

10. Buy an overseas travel medical insurance policy to cover her visit in Canada (not mandatory though, but would help)


All documents must be in/translated into English/French

 

[SovSol]

We did mention that she is pregnant and expected date was given, June 2nd. Didn't say anything about giving birth in Canada. Why is it such a big deal ? is it because if she is giving birth in Canada, she become a resident ? GCMS notes ordered, but might be ready only in May .

5. No, contract doesn't state how she will be paid, just an amount. Will make receipts.
6 Just have stamps in a passport crossing the border , plus maybe tickets.
7.Contract states an address at which she will be living and working. But its our old address, we moved (still in Hong Kong)few month ago.
8.No Visa to renew this year , the only event is her daughters birthday.
10. Ok, will do that, also we just got a replay from Canadian consulate after requesting why are they asking for Work permit, they told us: "provide both the domestic helper’s and the employer’s confirmed air ticket itineraries indicating return date" Now should I risk it and buy tickets (not cheap ) ?

Thank you for your help !

 

[scylla]

I personally would not buy airline tickets until the visa is confirmed. You can provide itineraries instead.

 

[Bryanna]

We did mention that she is pregnant and expected date was given, June 2nd. Didn't say anything about giving birth in Canada.

But you said it....

First application was from April 2nd, until August 22, 2017 . Second, application from May 2nd until August 22,2017. Now I know its way to long .

Through the intended visit dates in the previous applications... and the visa officer figured it out

Why is it such a big deal ? is it because if she is giving birth in Canada, she become a resident ?

The scope of her work contract is currently limited to your older child. By stating that she is accompanying your wife (who is coming to give birth to your second child), this amounts to working illegally on a TRV.

That's probably why the visa office has asked you to apply for a Work Permit instead.


Now the challenging bit:
You cannot undo the statements about your wife's expected date, etc. So, you'll have to prepare more solid documentation to prove the nanny is a genuine visitor.

As scylla said, do not buy plane tickets until the TRV is issued. If you'd still like to buy her tickets then do buy refundable ones. If not, itineraries would be good for the application

 

[SovSol]

The scope of her work contract is currently limited to your older child. By stating that she is accompanying your wife (who is coming to give birth to your second child)

Would it help trying to explain that she would continue to work according to a contract and only watch over my older daughter ?

Ok, I wont buy the tickets. Thanks

I guess not much left to do, but provide documentation stated in previous posts and hope for the best.

Also , I will wait for the GCMS notes and go from there , but by that time my wife might give birth already

 

[Bryanna]

Would it help trying to explain that she would continue to work according to a contract and only watch over my older daughter ?

This may not work. If the invitation letter hadn't mentioned about your wife's pregnancy/date then I guess your nanny would have been approved. Anyway.


These are the scenarios which I can think of:
Suggestion 1:
Reapply for the nanny for visit dates that are well after your wife has given birth. For this, you'll have to provide evidence that the nanny is required to be in Hong Kong/Philippines for some reason. Hence, she cannot accompany your family in April/May. For example, her annual vacations.

Suggestion 2:
Amend the current work contract to include your second baby, including taking care of your wife during her pregnancy. Then reapply for a TRV after you get the GCMS notes/wait for a few weeks before reapplying.


You may want to include the amended work contract even for Suggestion 1


Hope this works

 

[SovSol]

Well, i think I'll go with a suggestion 1 and as suggested will amend the work contract. I hope that it'll work.

Thanks for all your help !