TRV rejected twice

[Bearbear7]

Hi,
I am hoping someone can give me some insight on what I should do now...

My husband and his family immigrated from China to Canada back approximately 17 years ago and became Canadian citizens in 2006. His parents frequently travel back to China for visits.

In 2015 my MIL brother (husband maternal uncle) was interested to come visit Canada. He was already retired, I guess low-middle incomer with pension. So he applied to come visit and was rejected. In the refusal letter their concern was he wouldn’t return back to China because:
1) lack of financial and personal assets
2) ties and connection to Canada
3) lack of travel history

Recently this year my MIL was diagnosed with lung cancer. She had surgery but could not complete chemo. Her chances of survival over 5 years is 40%.

Knowing she was depress about her situation we decided to reapply uncle to come visit again through an immigration lawyer. We said we would pay for all his expenses, showed proof of my husband income (because I’m on maternity leave), provided MIL medical record, recommendation from the doctor, and even his uncle traveled for.a week to improve his travel history.

Again the Immigration office rejected his request claiming its due to the financial situation and purpose of travel.

The paralegal offered two choices: either request for informal appeal, or reapply. Either options require additional fee.

I don’t know what would be the best course of action. Nothing changed since our application... but I’m wandering if we just lacked some documents (my financial assets, letters from my uncle and MIL pleading him to come visit) affected his chances... and I can’t help but be pissed at the lawyers are giving us suggestions on what can be improve if we reapply again when they should’ve adviced us the first time around.

 

[canuck78]

Hi,
I am hoping someone can give me some insight on what I should do now...

My husband and his family immigrated from China to Canada back approximately 17 years ago and became Canadian citizens in 2006. His parents frequently travel back to China for visits.

In 2015 my MIL brother (husband maternal uncle) was interested to come visit Canada. He was already retired, I guess low-middle incomer with pension. So he applied to come visit and was rejected. In the refusal letter their concern was he wouldn’t return back to China because:
1) lack of financial and personal assets
2) ties and connection to Canada
3) lack of travel history

Recently this year my MIL was diagnosed with lung cancer. She had surgery but could not complete chemo. Her chances of survival over 5 years is 40%.

Knowing she was depress about her situation we decided to reapply uncle to come visit again through an immigration lawyer. We said we would pay for all his expenses, showed proof of my husband income (because I’m on maternity leave), provided MIL medical record, recommendation from the doctor, and even his uncle traveled for.a week to improve his travel history.

Again the Immigration office rejected his request claiming its due to the financial situation and purpose of travel.

The paralegal offered two choices: either request for informal appeal, or reapply. Either options require additional fee.

I don’t know what would be the best course of action. Nothing changed since our application... but I’m wandering if we just lacked some documents (my financial assets, letters from my uncle and MIL pleading him to come visit) affected his chances... and I can’t help but be pissed at the lawyers are giving us suggestions on what can be improve if we reapply again when they should’ve adviced us the first time around.

Unless your uncle travelled to a country like the US, Australia, NZ, UK, etc. travel will not count. Unfortunately you offering to pay for all his travel and expenses doesn’t count because it is not enforceable. Other visitors have ended up in Canada thinking they would be provided with free accommodations after an argument the support is withdrawn so that is why Canada insists on seeing that the visitor has the funds to pay for the travel themselves. I wish I had more promising news but mentioning that your MIL is sick can work in your favour or against you. Many family members will arrive in Canada and not want to leave so they can support their family member while they go through treatment or may want to remain in Canada until their death (general comment). Unless your uncle can show more savings which I realize is unrealistic since he is retired or can show more ties to China I am not sure how he will get a visa. Does he have any children? Maybe they are getting married? That would prove he’d have to return to China. Does he have to be in China to receive his pension? The only issue is that the pension is usually very minimal and you would likely provide him with more money in Canada. Sorry I don’t have more promising solutions.

 

[Bearbear7]

Unless your uncle travelled to a country like the US, Australia, NZ, UK, etc. travel will not count. Unfortunately you offering to pay for all his travel and expenses doesn’t count because it is not enforceable. Other visitors have ended up in Canada thinking they would be provided with free accommodations after an argument the support is withdrawn so that is why Canada insists on seeing that the visitor has the funds to pay for the travel themselves. I wish I had more promising news but mentioning that your MIL is sick can work in your favour or against you. Many family members will arrive in Canada and not want to leave so they can support their family member while they go through treatment or may want to remain in Canada until their death (general comment). Unless your uncle can show more savings which I realize is unrealistic since he is retired or can show more ties to China I am not sure how he will get a visa. Does he have any children? Maybe they are getting married? That would prove he’d have to return to China. Does he have to be in China to receive his pension? The only issue is that the pension is usually very minimal and you would likely provide him with more money in Canada. Sorry I don’t have more promising solutions.

Thank you for your insight. When we spoke to the lawyers they mentioned that my MIL health situation would swing to his favor. But I never thought about it hurting his chances as well.

He is married and has three kids (one lives in US while the other 2 is in China... they are all married with children and property). I’m not sure if his pension stops when he leaves the country. But even then he doesn’t have significant savings. We have talked about transferring some money to his account so it seems like he has more savings. But because he’s been rejected twice and the large sum of money has only been in his account for a short period of time I don’t think it will help. In addition he is still in debt to my FIL so I’m a bit hesitant that he would return the money at the end.

 

[canuck78]

Thank you for your insight. When we spoke to the lawyers they mentioned that my MIL health situation would swing to his favor. But I never thought about it hurting his chances as well.

He is married and has three kids (one lives in US while the other 2 is in China... they are all married with children and property). I’m not sure if his pension stops when he leaves the country. But even then he doesn’t have significant savings. We have talked about transferring some money to his account so it seems like he has more savings. But because he’s been rejected twice and the large sum of money has only been in his account for a short period of time I don’t think it will help. In addition he is still in debt to my FIL so I’m a bit hesitant that he would return the money at the end.

Don’t transfer the money. As you mentioned it would be a red flag if it only recently appeared in his bank account and IRCC does consider whether savings would make sense based on salary. Has he visited his child in the US? It is harder to get a visa for Canada vs the US. If you live relatively close to a border they may be able to meet there.

 

[Bearbear7]

Don’t transfer the money. As you mentioned it would be a red flag if it only recently appeared in his bank account and IRCC does consider whether savings would make sense based on salary. Has he visited his child in the US? It is harder to get a visa for Canada vs the US. If you live relatively close to a border they may be able to meet there.

Unfortunately his son lives 8 hrs flight from us.
Is there any way we can convince the IRCC that we would take care of all his expenses?

 

[Bearbear7]

I know this thread didn’t get much traction... but I figured I’ll post an update.

We decided to go forward with the reconsideration route. Our lawyer sent an email to the visa office, asking them to reconsider our case.

They reconsidered our application and is now asking for my uncle’s passport! We are on the last step before he gets his visa!

Just to be clear we submitted as much documents as we could for our case... if it was rejected again we wouldn’t have try reapplying again as we had nothing else to include. Our application includes:
- letter of invitation
- letter from the doctor stating my mother in law diagnosis and recommendation for my uncle to come visit
- my husband financial paycheques and bank statement
- my uncle and mother in law birth certificate to show their relationship
- my uncle bank statements
- my uncle properties
- his passport
- my uncle’s children birth certificates that live in the same country as him

 

[Jets13]

I know this thread didn’t get much traction... but I figured I’ll post an update.

We decided to go forward with the reconsideration route. Our lawyer sent an email to the visa office, asking them to reconsider our case.

They reconsidered our application and is now asking for my uncle’s passport! We are on the last step before he gets his visa!

Just to be clear we submitted as much documents as we could for our case... if it was rejected again we wouldn’t have try reapplying again as we had nothing else to include. Our application includes:
- letter of invitation
- letter from the doctor stating my mother in law diagnosis and recommendation for my uncle to come visit
- my husband financial paycheques and bank statement
- my uncle and mother in law birth certificate to show their relationship
- my uncle bank statements
- my uncle properties
- his passport
- my uncle’s children birth certificates that live in the same country as him

awesome! congrats, hope your uncle honors his visa conditions and goes back when required so others in your situation do not face similar hardship in the future. Best of luck!

 

[Zhanna22]

I know this thread didn’t get much traction... but I figured I’ll post an update.

We decided to go forward with the reconsideration route. Our lawyer sent an email to the visa office, asking them to reconsider our case.

They reconsidered our application and is now asking for my uncle’s passport! We are on the last step before he gets his visa!

Just to be clear we submitted as much documents as we could for our case... if it was rejected again we wouldn’t have try reapplying again as we had nothing else to include. Our application includes:
- letter of invitation
- letter from the doctor stating my mother in law diagnosis and recommendation for my uncle to come visit
- my husband financial paycheques and bank statement
- my uncle and mother in law birth certificate to show their relationship
- my uncle bank statements
- my uncle properties
- his passport
- my uncle’s children birth certificates that live in the same country as him

What email did your lawyer use to ask to reconsider your case??

 

[Bearbear7]

awesome! congrats, hope your uncle honors his visa conditions and goes back when required so others in your situation do not face similar hardship in the future. Best of luck!

Definitely. Him visiting my MIL is a privilege for him, and something exciting for my MIL to look forward to. I don’t want him to take the chances of screwing it up by staying longer than he is allowed.

What email did your lawyer use to ask to reconsider your case??

Sorry, I’m not sure. My lawyer sent the request and I was not copied onto the email.