TRV refused for my aunt and her daughter

[QueenA]

Hi,

I tried to invite my aunt and my cousin (her daughter) to visit us, me and my family here in Canada and to attend my first nephew birth celebration party (my nephew had complications at his birth, had a surgery and stayed in the hospital for 3 months).

My aunt is a single mom, her daughter is 5 years old and they live in an appartement that she still pays the mortgage. She owns 3 small stores and she sells traditional clothes thus is her main income and reason to go back. They are in Morocco.

I wrote an invitation letter to support her, I said I will pay for everything and they will stay with us during the stay. I have a good job and a good salary, I showed my bank statement, employer later, pay subs and also included my mom yearly income as she’s her sister and to make the application stronger.

The officer rejected the request for my aunt and her daughter for 3 reasons:

1. Travel history (they never traveled outside of Morocco)
2. Family ties (she will be coming with her only daughter but she still has 7 siblings back home and only 2 siblings in Canada).
3. Proof of funds (they mentioned that she has a mortgage and they don’t think she can support herself financially if for any reasons I decide to not take care of her, the officer acknowledged that I am financially capable to support her but he prefers that she is as well).

That being said, we really want them to come visit us and we were very shocked at the decision. We already invited a previous aunt in 2013 that got her visa, came to Canada and returned back home. We try to get them to reconsider their decision by going to see our debuts office but they refused.

Is there any chance, if we apply again, that they give a visa to my aunt and her daughter?
Is there anything I can do to make this application stronger?

Please note that in Morocco, most store owners deal with cash only and it is very common to not have money in the bank or even a bank account.

Thanks for your time.

 

[scylla]

Hi,

I tried to invite my aunt and my cousin (her daughter) to visit us, me and my family here in Canada and to attend my first nephew birth celebration party (my nephew had complications at his birth, had a surgery and stayed in the hospital for 3 months).

My aunt is a single mom, her daughter is 5 years old and they live in an appartement that she still pays the mortgage. She owns 3 small stores and she sells traditional clothes thus is her main income and reason to go back. They are in Morocco.

I wrote an invitation letter to support her, I said I will pay for everything and they will stay with us during the stay. I have a good job and a good salary, I showed my bank statement, employer later, pay subs and also included my mom yearly income as she’s her sister and to make the application stronger.

The officer rejected the request for my aunt and her daughter for 3 reasons:

1. Travel history (they never traveled outside of Morocco)
2. Family ties (she will be coming with her only daughter but she still has 7 siblings back home and only 2 siblings in Canada).
3. Proof of funds (they mentioned that she has a mortgage and they don’t think she can support herself financially if for any reasons I decide to not take care of her, the officer acknowledged that I am financially capable to support her but he prefers that she is as well).

That being said, we really want them to come visit us and we were very shocked at the decision. We already invited a previous aunt in 2013 that got her visa, came to Canada and returned back home. We try to get them to reconsider their decision by going to see our debuts office but they refused.

Is there any chance, if we apply again, that they give a visa to my aunt and her daughter?
Is there anything I can do to make this application stronger?

Please note that in Morocco, most store owners deal with cash only and it is very common to not have money in the bank or even a bank account.

Thanks for your time.

Yes - she can certainly apply again but will need to strengthen her application to try to overcome the refusal reasons. Did she provide proof of ownership of her home? Did she show any evidence that she owns her own business? I would also recommend that she start a bank account and save money there for a few months before reapplying. IRCC wants evidence that she has the funds to cover her trip to Canada.

Her siblings in her home country are not a tie. Her daughter would be a tie to her home country if her daughter wasn't traveling with her but was staying at home.

Also, how long a trip did they request? Recommend they ask for 2-3 weeks at most.

 

[QueenA]

Yes - she can certainly apply again but will need to strengthen her application to try to overcome the refusal reasons. Did she provide proof of ownership of her home? Did she show any evidence that she owns her own business? I would also recommend that she start a bank account and save money there for a few months before reapplying. IRCC wants evidence that she has the funds to cover her trip to Canada.

Her siblings in her home country are not a tie. Her daughter would be a tie to her home country if her daughter wasn't traveling with her but was staying at home.

Also, how long a trip did they request? Recommend they ask for 2-3 weeks at most.

She’s still paying the mortgage for the house so she provided the mortgage paper. The mistake was that she provided the total amount of the mortgage (about $7000) that she got approved 6 years ago but only approximately $3000 is left. She didn’t provide any proof for the business as it required to be translated and we just didn’t it. She actually rents one of her stores if that helps. We also included a letter of her sister stating that she will be replacing her in the store while she’s gone and she’s expecting her to come back.

As for the daughter, we really wish for both of them to come visit us. She’s very young and they never separate so it’s really hard to leave her alone back in Morocco. So is there a chance for that to happen? We provided school documentation that she’s registered in a private school for this year and 2019-2020.

For the length of stay, we’ve put 4 weeks.

I’ve been reading some previous federal court cases that were similar and where the judge found that the officer’s judgement was unreasonable. I was wondering if it’s possible to refer to those cases? Also, should I do an affidavit, should my aunt do one?

I also applied to get the notes of the officer, waiting on those...

 

[k.h.p.]

She’s still paying the mortgage for the house so she provided the mortgage paper. The mistake was that she provided the total amount of the mortgage (about $7000) that she got approved 6 years ago but only approximately $3000 is left. She didn’t provide any proof for the business as it required to be translated and we just didn’t it. She actually rents one of her stores if that helps. We also included a letter of her sister stating that she will be replacing her in the store while she’s gone and she’s expecting her to come back.

As for the daughter, we really wish for both of them to come visit us. She’s very young and they never separate so it’s really hard to leave her alone back in Morocco. So is there a chance for that to happen? We provided school documentation that she’s registered in a private school for this year and 2019-2020.

For the length of stay, we’ve put 4 weeks.

I’ve been reading some previous federal court cases that were similar and where the judge found that the officer’s judgement was unreasonable. I was wondering if it’s possible to refer to those cases? Also, should I do an affidavit, should my aunt do one?

I also applied to get the notes of the officer, waiting on those...

I don't believe that the visa officers decision in this case was unreasonable. In any event, I wouldn't recommend citing federal court decisions as ways to overcome visa officer objections unless the fact pattern matches absolutely - and only then I'd recommend you request judicial review and not use it in a letter.

 

[QueenA]

I don't believe that the visa officers decision in this case was unreasonable. In any event, I wouldn't recommend citing federal court decisions as ways to overcome visa officer objections unless the fact pattern matches absolutely - and only then I'd recommend you request judicial review and not use it in a letter.

Ok, thank you. Any suggestions to make her second application stronger?

 

[ryvinson]

Hi,

I tried to invite my aunt and my cousin (her daughter) to visit us, me and my family here in Canada and to attend my first nephew birth celebration party (my nephew had complications at his birth, had a surgery and stayed in the hospital for 3 months).

My aunt is a single mom, her daughter is 5 years old and they live in an appartement that she still pays the mortgage. She owns 3 small stores and she sells traditional clothes thus is her main income and reason to go back. They are in Morocco.

I wrote an invitation letter to support her, I said I will pay for everything and they will stay with us during the stay. I have a good job and a good salary, I showed my bank statement, employer later, pay subs and also included my mom yearly income as she’s her sister and to make the application stronger.

The officer rejected the request for my aunt and her daughter for 3 reasons:

1. Travel history (they never traveled outside of Morocco)
2. Family ties (she will be coming with her only daughter but she still has 7 siblings back home and only 2 siblings in Canada).
3. Proof of funds (they mentioned that she has a mortgage and they don’t think she can support herself financially if for any reasons I decide to not take care of her, the officer acknowledged that I am financially capable to support her but he prefers that she is as well).

That being said, we really want them to come visit us and we were very shocked at the decision. We already invited a previous aunt in 2013 that got her visa, came to Canada and returned back home. We try to get them to reconsider their decision by going to see our debuts office but they refused.

Is there any chance, if we apply again, that they give a visa to my aunt and her daughter?
Is there anything I can do to make this application stronger?

Please note that in Morocco, most store owners deal with cash only and it is very common to not have money in the bank or even a bank account.

Thanks for your time.

The visa processing system is largely documentary evidence driven, meaning that it can and will penalize genuine cases like your aunt.

Additionally, what compounds the above problem for applicants from high risk countries is the much higher burden of documentary proof needed to support an application.

Therefore, my reading is that your aunt’s chances of obtaining a visa is low, notwithstanding your very commendable concern and support for her application.

Yes, do digest the GCMS notes before deciding on your next course of action.

 

[canuck78]

Ok, thank you. Any suggestions to make her second application stronger?

@scylla provided good suggestions. Your aunt must show she can pay for her travel expenses herself even if you will be paying.

 

[QueenA]

@scylla provided good suggestions. Your aunt must show she can pay for her travel expenses herself even if you will be paying.

Ok that’s understood. The other issue is the family ties as she will be bringing her only daughter.

 

[scylla]

She’s still paying the mortgage for the house so she provided the mortgage paper. The mistake was that she provided the total amount of the mortgage (about $7000) that she got approved 6 years ago but only approximately $3000 is left. She didn’t provide any proof for the business as it required to be translated and we just didn’t it. She actually rents one of her stores if that helps. We also included a letter of her sister stating that she will be replacing her in the store while she’s gone and she’s expecting her to come back.

As for the daughter, we really wish for both of them to come visit us. She’s very young and they never separate so it’s really hard to leave her alone back in Morocco. So is there a chance for that to happen? We provided school documentation that she’s registered in a private school for this year and 2019-2020.

For the length of stay, we’ve put 4 weeks.

I’ve been reading some previous federal court cases that were similar and where the judge found that the officer’s judgement was unreasonable. I was wondering if it’s possible to refer to those cases? Also, should I do an affidavit, should my aunt do one?

I also applied to get the notes of the officer, waiting on those...

I would definitely not quote federal court cases. Each case is assessed on it's own merits. That's also like reading the law to a lawyer - i.e. telling how to do their job. They are more familiar with all of this than you are.

Affidavits are useless and carry no meaning / weight.

Again, you need to include evidence that strengthens her application by showing more home ties. Not including evidence of her business was a mistake - you need to address that. Shorten their trip to 2 weeks.

 

[QueenA]

I would definitely not quote federal court cases. Each case is assessed on it's own merits. That's also like reading the law to a lawyer - i.e. telling how to do their job. They are more familiar with all of this than you are.

Affidavits are useless and carry no meaning / weight.

Again, you need to include evidence that strengthens her application by showing more home ties. Not including evidence of her business was a mistake - you need to address that. Shorten their trip to 2 weeks.

Ok, thanks again. I will wait until I get the officer notes. We will include her businesses next time, the fact that she’s renting one store and a most up to date mortgage status to show that she doesn’t have a lot of loans. I will try to get her to put more cash in her bank account. As for the kid, other than the fact that she’s really close with her mom and needs to go back with her and that she’s registered to school, I don’t know what to provide. I’m also thinking about making them apply directly to the visa office in Morocco instead of an online application. I don’t know if that would make a difference... I will reduce her stay, 2 weeks is really short if that’s what she ends up getting but I guess it’s better than nothing.