Visit and super visa refused for my famliy members

[Zoey_kadoo]

Hi Everyone! I am very disappointed with the way all 3 of my family members were denied visa over the last 2 years. First, my sister applied to come, care for me during my first pregnancy in Dec 2014. In February, we bought our first house in Canada and invited my father in law on a super visa but it was refused too and now I applied for my brother to come for summers and house warming celebrations but again refused. We had submitted all required documents from both ends but regardless they were all refused. The reasons were ridiculous each time my sister was coming here leaving her house, kids and husband back home to visit me for 25 days and she was denied under refugee act. My father in law was rejected under no income and funds but he is retired we mentioned that and all his 3 sons support him financially and he has a house back home. Now my brother is denied due to no travel history, he has never traveled outside of India but that does not mean he is not eligible to visit his sister here in Canada and the fact he is getting married end of this year and he was sure to return for that. I am just losing hope in the immigration system now. We have been good residents in Canada for the last 6years and have good jobs like any other families is. I don't know what to doI feel it's really unfair that none of my family has ever come her in these years to spend time with us and get to know our lives in Canada and especially during important milestones for us.
My argument is not they do not say the criteria on the application package or information clearly how much money exactly an average person would spend in Canada on his visit, the background of the family invitees and that you need to be a world traveler to visit your own family living in canada. These things are nowhere mentioned that these are mandatory.
I am very sad about all these rejections and my family has given up but I want to fight this because this feels unfair and not justifiable.
Please help with whatever information anyone has to make an appeal or bring this to attention.

Thanks

 

[Bryanna]

Hi,

Please help with whatever information anyone has to make an appeal or bring this to attention.

You cannot appeal. You can only reapply after addressing the refusal reasons or if their individual situations have changed significantly.


If you share the list of documents each of them submitted + their personal situation + duration of their visits then it would be easier to advise. Based on your post, my understanding is:
1. Your sister stating she will come to take care of you during your pregnancy is a big no-no = working illegally on a TRV = purpose of visit refusal

2. Your father-in-law wanting to visit your new house = no strong purpose of visit + lack of finances (like you've mentioned).
BTW why would you apply for a super visa for this reason? A TRV would have been good enough.

3. Your brother visiting for house warming celebrations = no strong purpose of visit


It is possible that an applicant is rejected because s/he has not presented her/his strong ties well


Don't lose hope

 

[mith]

If you believe the officer made an error based on the information in front of him/her, the Applicant can file an Application for Leave and Judicial Review with the Federal Court in Canada. The Federal Court won't issue a visa, but it can order that the decision be quashed and the matter remitted to the visa office for re-determination by a different officer. You'd have to talk to an immigration lawyer if you want to pursue this option.

You have 60 days from receiving the refusal to file a notice with the Court.

Or you can submit a new application for a visa, as Bryanna wrote above.

 

[Zoey_kadoo]

Hi Bryanna and Mith I want to appeal because the reasons are all valid to have someone from my family to come be with me not exactly work as a caretaker but just be around when you need them. In my sister's application, I said I need someone from my family to celebrate the birth of my first child as my parents care not in best health conditions to travel so far and only my sister was able to come. For my father in law's case my husband and I applied for a super visa because he wanted come and stay with us for a few months and that's the nature of the super visa right that your parents and grandparents can come visit you for a longer duration up to 2years straight. My brother is getting married end of this year and I wanted him to visit me before he starts his family and he won't have the time to make this trip after. Buying yoyr first home is a big thing and why wouldn't it be a valid reason to have a family member join you for sich a milestone. Don't families within the country visit each other during similar events? I am looking for a good lawyer to make an appeal because this just doesn't seem to be right at all. They can't tell that a25years old and a 65years spend the same amount of money when they travel each individual have different sense of spending therefore, they should clearly state how much money on an average one needs for a visit in Canada and give and idea depending on the duration of the visit too so the applicant knows what to provide. I wouldn't be as mad if even one was approved. The guideline are ambiguous and confusing.

 

[Bryanna]

Hi Bryanna and Mith I want to appeal because the reasons are all valid to have someone from my family to come be with me not exactly work as a caretaker but just be around when you need them.

You cannot file a formal appeal. As mith has said, the other option is to apply for a review.... this will be expensive with absolutely no guarantees to being successful.

You're best bet is to reapply.... by proving their strong ties/ finances/ purpose of visit well

 

[Freshcanada]

I am in a similar situation with my Brother and his family's TRV application at New Delhi. It got rejected last week - Reasons were Travel History and Ties to Canada and country of Residence.

I have requested the GCMS notes i.e., detail notes visa officer has made on the file so that we can understand the exact reasons for refusal and figure out how we address Visa Officers concerns before re-applying. Brother and his family had applied 4 years back and were rejected that time too - but we did not know at that time that we could request for the detail notes and just let it go that time.

Waiting to receive the detail notes, which should be within max 31 days.

 

[Zoey_kadoo]

Hi Fresh Canada,
I do not understand this process at all. The reasons to refuse are ridiculous like purpose of visit and travel history. Because in the letter and form we clearly state the purpose of visit and what is the guarantee that a person with travel history is less likely to not leave Canada at the end of the trip. My parents and sister did not travel the world but would like to visit me in Canada. But that does not satisfy's the officer.