TRV refused second time (Paragraph 179(b) of the IRPR)

[ac100]

Hi All,

I applied for my mother's TRV when I was "technically" not a Canadian PR. (I had got the visa, but had not yet landed) - and it got refused. I did not mention that she had any relatives in Canada, as I was legally not a PR then. Both me and my mother were in India. I requested the GCMS notes, but the main reason was redacted.

Now, after 2 years, I again applied for her TRV, and it was refused, with the following reason:

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 family ties in Canada and
in your country of residence.​

The situation was different this time as:

1. Both me and my wife are Canadian PRs for close to 2 years.
2. I submitted my 2018 NOA, pay stubs, bank balance (all exceeding LICO score)
3. I attached the sponsorship letter - stating my intent to sponsor my mother's trip
4. My mother is retired ( and widow), and is currently staying with my sister in Hong Kong on a dependent ID, since last year.
5. The application was submitted to Canadian consulate in Hong Kong (application submitted from Hong Kong).
6. She has property and bank balance to her name in India
7. She has not travel history (except Hong Kong)

I have already requested the GCMS notes.

Can someone please guide me on:

1. Probable reason why this TRV was rejected?
2. Should my mother reapply for TRV or Supervisa? and from India or Hong Kong?
3. How can she show her ties to residence? She has property and bank balance, and has to be in India at least twice an year for her pension biometrics and other stuff. There is no family-member in India, and both her children are settled abroad.

TIA.

 

[Das@loc]

Can someone please guide me on:

1. Probable reason why this TRV was rejected?

NO Ties to Home Country, its very obvious son.

1. Should my mother reapply for TRV or Supervisa? and from India or Hong Kong?

SuperVisa will get her through because your status will be gauged and all the above docs along with one year insurance should suffice.

1. How can she show her ties to residence? She has property and bank balance, and has to be in India at least twice a month for her pension biometrics and other stuff. There is no family-member in India, and both her children are settled abroad.

Strong reason for Refusal. Go for SuperVisa.

TIA.

 

[Bryanna]

Hi All,

I applied for my mother's TRV when I was "technically" not a Canadian PR. (I had got the visa, but had not yet landed) - and it got refused. I did not mention that she had any relatives in Canada, as I was legally not a PR then. Both me and my mother were in India. I requested the GCMS notes, but the main reason was redacted.

Now, after 2 years, I again applied for her TRV, and it was refused, with the following reason:

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 family ties in Canada and
in your country of residence.​

The situation was different this time as:

1. Both me and my wife are Canadian PRs for close to 2 years.
2. I submitted my 2018 NOA, pay stubs, bank balance (all exceeding LICO score)
3. I attached the sponsorship letter - stating my intent to sponsor my mother's trip
4. My mother is retired ( and widow), and is currently staying with my sister in Hong Kong on a dependent ID, since last year.
5. The application was submitted to Canadian consulate in Hong Kong (application submitted from Hong Kong).
6. She has property and bank balance to her name in India
7. She has not travel history (except Hong Kong)

I have already requested the GCMS notes.

Can someone please guide me on:

1. Probable reason why this TRV was rejected?
2. Should my mother reapply for TRV or Supervisa? and from India or Hong Kong?
3. How can she show her ties to residence? She has property and bank balance, and has to be in India at least twice an year for her pension biometrics and other stuff. There is no family-member in India, and both her children are settled abroad.

TIA.

It does not help to order GCMS notes for every refusal. Ordering GCMS notes only puts an additional burden on the time and resources of IRCC. This is likely not a refusal case where GCMS notes will indicate refusal facts that are not already known.


Why was your mother refused:
1. First application: Because it would appear that she was moving long-term to Canada with you like a pseudo-PR because you were immigrating.


2. Second application: She does not have any ties to India. Even though she owns property and has bank balance, she has been staying long-term with your sister in HK. Hence, she does not need to be in India to manage her property.

Not sure what pension benefits she is entitled to that requires her to return to India at least twice a year. Most pensioners are required to submit a Life Certificate and give their biometrics only once a year, in November. each year.

Not sure what is the source of the funds in her bank account. Was any of it transferred by you and/or your sister?

She has temporary residence status in HK. This means she has no reasons to return to HK as well.

It does not matter whether or not she reapplies from India or HK, she has zero ties to either country.... both for a super visa or a TRV

 

[ac100]

It does not help to order GCMS notes for every refusal. Ordering GCMS notes only puts an additional burden on the time and resources of IRCC. This is likely not a refusal case where GCMS notes will indicate refusal facts that are not already known.


Why was your mother refused:
1. First application: Because it would appear that she was moving long-term to Canada with you like a pseudo-PR because you were immigrating.


2. Second application: She does not have any ties to India. Even though she owns property and has bank balance, she has been staying long-term with your sister in HK. Hence, she does not need to be in India to manage her property.

Not sure what pension benefits she is entitled to that requires her to return to India at least twice a year. Most pensioners are required to submit a Life Certificate and give their biometrics only once a year, in November. each year.

Not sure what is the source of the funds in her bank account. Was any of it transferred by you and/or your sister?

She has temporary residence status in HK. This means she has no reasons to return to HK as well.

It does not matter whether or not she reapplies from India or HK, she has zero ties to either country.... both for a super visa or a TRV

Thanks for your reply.

1. She has to go twice. Once for the pension life certificate, and once to sign the rent document of the home in her name.
2. Funds in her bank account are her own savings and past salary. Nothing transferred by me or my sister.
3. Since she has zero ties to either country, how do you suggest I should proceed further?

Thanks

 

[Bryanna]

Thanks for your reply.

1. She has to go twice. Once for the pension life certificate, and once to sign the rent document of the home in her name.
2. Funds in her bank account are her own savings and past salary. Nothing transferred by me or my sister.
3. Since she has zero ties to either country, how do you suggest I should proceed further?

Thanks

1. It might help if she returns and remains in India for a few months to establish her ties.

2. When does she have to renew the rent agreement? Is it registered, stamp duty paid? How is the rent paid each month?

3. What is your mom's immigration status in HK? When does it expire? Does she need to remain in HK for X months for it to remain valid?

4. Can your mom prove she has compelling reasons to leave Canada (not property and pension are those are not compelling). For example, to attend some event in HK or India?