Visit visa

[ZMP]

Hi,

I am new in this forum and need experts opinion from all the experts at forum Scylla, bryanna and all others please.

Family refugee claim was rejected 15 years back & an appeal was in process in the appeal court but voluntarily withdraw the appeal trough written request before any hearing in the appeal court and left Canada voluntarily and willingly by prior informing to CIC office, we have purchased our AIR tickets and returned to our home country. Before leaving we have received the certificates of departure (IMM0056B) from Immigration officer at POE and left Canada with in the given time (not over stayed for a single day even). I have applied for TRV for two weeks after 14 and half years to just accompany my Canadian born citizen Son (Miner, 15 years old now) who was born in Canada during our stay there and he has valid Canadian passport and wish to visit his country for two weeks’ time ONLY during his upcoming school summer vacations. MY TRV is rejected twice with following reasons:
Note: (applied TRV for myself ONLY however wife and other three children will remain in the home country and we have not applied for their VISAS)
First time rejected as per following reasons:
1. You have not satisfied me that you would leave Canada at the end of your stay as a temporary resident in reaching this decision, I consider several factors including:
i. Purpose of Visit.
ii. Personal assets and financial status.
2. I am not satisfied that you have sufficient funds, including income or assets to carry out your stated purpose in going to Canada or to maintain yourself while in Canada and to affect your departure.
3 Other Reasons:
c) You require an authority to return to Canada.
d) I am not satisfied that you are a bonifide visitor to Canada who would exit the country at the end of your authorized stay.

Second time refusal reasons:

Reapplied within a week time after first refusal and addressed all their concerns and again rejected with following reasons however Travel history,
Family ties in Canada & Country of residence, current employment situation was not among the reasons at the time of first refusal.

1. You have not satisfied me that you would leave Canada at the end of your stay as a temporary resident in reaching this decision, I consider several factors including:
i. Travel History
ii. Family Ties in Canada and Country of residence
iii. Purpose of Visit.
iv. Current Employment situation

Please advise what should i I do now as my son wants to visit his country for two weeks during his school summer vacations.

 

[ZMP]

Re: Visit visa Rejected twice

Hi,

Scylla, bryanna and all others experts, looking forward to your expert openion please.

 

[ZMP]

Hi, Scylla, bryanna, jelex and other experts, please help me so that i could proceed accordingly.....

 

[Bryanna]

Hi,

Unfortunately, a previous refugee claim is affecting your chances of getting a TRV currently even though you left voluntarily and at your own cost.


1. When did you apply for TRV the first time?

2. What documents did you submit? What ties can you prove to your home country?

3. What exactly did you give as the purpose of your visit?

4. Although your son is a Canadian, did you include evidence that he has enrolled for the next academic year = he must return to your home country?


Cheers

 

[ZMP]

Hi Bryanna

Many thanks for your response. Please find below my response under line each query and looking forward to your expert opinion/advise please....


1. When did you apply for TRV the first time?

I applied both TRV through VSF, first time on 5th Dec'16 and received refusal letter on 4th Jan'17, reapplied on 09th Jan'17 and received refusal letter on 8th Feb'17. First time i forgot to provide Form IMM0056B (certificate of departure which we have received from immigration officer at POE) however second time i have shared the copy of IMM0056B.

2. What documents did you submit? What ties can you prove to your home country?
Form IMM 5869, Form (IMM-5257),Family Information Form (IMM-5645),Form IMM-5257 schedule 1,Form IMM 5562-E (Travel History)
Covering letter describing the purpose of visit. Last ten year travel history (myself & family), Myself and family identity cards, Asylum withdrawal correspondence with CIC office, copyies of 15 years back AIR Tickets on which we have traveled, Asylum IDs (photocopy). Applicant original passports. (Three passports original and Photocopies), Applicant passport complete photo copies, Wife’s passport (photocopy). Elder Son and Daughter’s passports (photocopies). Canadian Son's Canadian passports (All four passports copies), Canadian Son’s birth certificate, Social assurance card, health card (Photocopies), Canadian Son’s statement of birth certificate from the office of registrar general Ontario. Two weeks AIR travel booking (15-06-2017-29-06-2017), Applicant education certificates (photo copies, MBA-Marketing),Kids education certificates and school fees challan)
Previous employment letters (2002-2008), current employment letter (June 20080 todate with addational perks and benefits details), last salary slip, approved annual Leaves, company tax deduction certificates, last two years tax returns details (photocopies), residential plot ownership certificate in my name since 2010 (worth 4 Million= CAD$ 51K). Father’s residence ownership certificate since 1972 where i am residing (Worth 40 Million=CAD $ 500K), Government Family Registration Certificates (photocopy). Family ties letters includes 75 Years father, two brothers, two sisters, Bank statement (Original worth above million =CAD $ 15,000). Savings in shape of Gold, Jewelry, forign exchange (CAD $ 20,000 and declared in annual tax returns, last three years TAX returns documents attached)


3. What exactly did you give as the purpose of your visit?
Two weeks pleasure trip to accompany Canadian son to fulfill his wish to short visit to his country, sightseeing, Niagara-fall, Mississauga and Toronto Such visits will help him to be familiar with Canadian culture, environment and living style of Canadian people. During our visit, we intent to visit few educational institutions as well which will help him to understand Canadian educations standards as eventually he has to enrolled himself in Canadian university for higher studies after compilation of his A’ Level (Grade 12) education from Pakistan.

4. Although your son is a Canadian, did you include evidence that he has enrolled for the next academic year = he must return to your home country?
I have mentioned that he is studding in Pre-O' Level/Grade 8 (latest school fee paid Callahan attached) and mentioned that after compilation of his A' Level (Grade 12 education) he will move to Canada for higher education/university education.

Note: I have mentioned in covering letter that there is no relative in Canada so as father this is my prime responsibility to accomplish his wish to visit Canada and for that purpose I have decided to accompany him during his two weeks pleasure trip during his upcoming school summer vacations and my approved annual levels (15th June 2017 to 29th June 2017). I have also mentioned in my covering letter that my elder son and daughter has visited last year to saudi arabia for Umra trip during their School summer vacations (18 days trip and their passports copies were attached) and this year summer vacations my Canadian son insist us to take him to Canada for two weeks pleasure trip.

Note 2: I applied TRV first time after 14 and half year later. My Canadian son came with us when he was just 6 month old and now he is 15 year old(still miner)

please advise what should i do now.....

 

[ZMP]

one more thing which i have missed out to mention here. I have responded their following query upon first time refusal:

B) I am not satisfied that you are a bonifide visitor to Canada who would exit the country at the end of your authorized stay.

My response was:

1: My travel history indicates that I usually visits for a short stay during my official and personal visits.
2: My track record shows that I left Canada with entire family voluntarily in past and had not overstayed. This shows my trustworthiness and integrity.
3: My family ties in Pakistan include; my wife, three kids, 75 years old father, two sisters and two brothers.
4: As parent of a Canadian national I have an opportunity in future to avail parental sponsorship or parental supper visa option so why should I violate the visa rules and become blacklist for travel to Canada in future.

 

[ZMP]

Hi Bryanna, your kid advise is requested Pls....

 

[bellaluna]

Hi Bryanna, your kid advise is requested Pls....

To paraphrase a respected senior here, if you want advice ASAP, hire a consultant/lawyer. If you want advice for free, you'll have to wait.

It may also be your unusual case (at least on this forum) does not have an easy or clear-cut answer for a non-professional.

 

[Bryanna]

Hi,

On the face of it, you have pretty strong ties to Pakistan (your dad's residence + your two sisters and two brothers are not ties though). However, I believe your previous refugee claim is impacting your chances of getting a TRV.

I also think the visa officer is not convinced that your son only wants to visit "his" country viz. Canada. As a 6-months' baby who left Canada and has grown up in Pakistan (with no Canadian ties/influence/relatives/interactions on his life so far), it may seem implausible that your son wants to visit for two weeks to acquaint himself with Canadian life and culture.

Also, you have made it quite clear in your TRV applications that you intend to return to Canada for long-term stay:

During our visit, we intent to visit few educational institutions as well which will help him to understand Canadian educations standards as eventually he has to enrolled himself in Canadian university for higher studies after compilation of his A’ Level (Grade 12) education from Pakistan.

and....

As parent of a Canadian national I have an opportunity in future to avail parental sponsorship or parental supper visa option so why should I violate the visa rules and become blacklist for travel to Canada in future.

and....

I have mentioned in covering letter that there is no relative in Canada so as father this is my prime responsibility to accomplish his wish to visit Canada and for that purpose I have decided to accompany him during his two weeks pleasure trip during his upcoming school summer vacations

You have also applied twice in rather quick succession. This indicates desperation to get approved without fully understanding the underlying/real reasons for the TRV refusals.

During our visit, we intent to visit few educational institutions as well which will help him to understand Canadian educations standards as eventually he has to enrolled himself in Canadian university for higher studies after compilation of his A’ Level (Grade 12) education from Pakistan.

How would a 1-off visit to institutes/schools help your son to understand Canadian education standards? Or a 2-weeks trip help him to learn about Canadian culture?

To the visa officer, it may seem like you want to visit (and remain in Canada) long-term in your endeavor to help your son establish/build a life in Canada.

Also (and he is 15 years old), if your son wants to visit/travel in Canada then there are other ways this can be done without you accompanying him.

I suggest you order GCMS notes before you reapply.

Also, I suggest your wife (and not you) should accompany your son because your wife will leave three minor children behind in Pakistan (she has stronger family ties as a mother). I must add that her chances of approval would also depend on her other strong ties


Cheers

 

[ZMP]

Hi bryanna,

Thank you so much for ur detailed response and advise. I will go for the GCMS note as advise and will getback to u for ur further expert advise.
Cheers

 

[ZMP]

Hi bryanna,

Greetings!

Hope you are doing well, I have requested GCMS note as per your advise and received the following two notes just awhile back. First note is related to first TRV application refusal and second notes related to second TRV application refusal.Seeking your expert opinion, please advise.Thanks


First Note: dated 20-12-2016

TEXT: PA intends to go to Canada to accompany Son. PA has a previous failed refugee claim. PA was deported and would require an ARC to return. PA provided bank account statements with recent lum sum deposits with unclear provenance. PA does not explain why he would like to travel to Canada. Based on the submission, I am not satisfied that the person that the purpose of the visit is genuine and I am also not satisfied that PA has the financial means to support the intended travels. I am not satisfied that there are compelling reason for the consideration of an ARC.Therefore, I am not satisfied that PA is BF visitor to Canada who would exit the country at the time of their stay. Refused.


Second Note: Dated 24-01-2017

TEXT: UCI XXX-XXXX Telecom Company manager- to visit colleague- not satisfied there are strong ties to ensure return after visit.

 

[Bryanna]

Hi,

The officer at the POE had recorded a Deportation Order on your Certificate of Departure (IMM 0056B). As you were deported, you will need an ARC to return.

However, as the visa officer has noted, there is no compelling reason for you to come to Canada. The reasons you have cited in your TRV applications i.e. your Canadian son wants to visit Canada/you want to visit your colleague are not compelling reasons to visit/get an ARC.

Also, the large, last-minute deposits, which do not match your income, has worked against your application + the visa officer is not convinced about your ties to your home country.

Unfortunately, there's nothing you can do but to wait until your situation changes significantly. You will have to apply for an ARC


Cheers

 

[ZMP]

Hi Bryanna,

First of all thank you so much for your kind advise indeed.God bless you Still have some queries, would be grateful if you please share your expert opinion on my following points so that i could proceed accordingly next time with better position. I am really grateful for your kind support on this forum. Hope your advise will also help to some others on this forum who has gone through the same situation.

1: The officer at the POE had recorded a Deportation Order on your Certificate of Departure (IMM 0056B). As you were deported, you will need an ARC to return.

(ZMP) Requirement of an ARC was asked at first time rejection when I did not know about an ARC and haven't shared the certificate of departure (IMM 0056B) with my fist time Visa Application dated 5th Dec'16 as i was't know about this requirement where as when I have shared the certificate of departure (IMM 0056B) after reviewing the CIC website with second time visa application in Jan'17 (after a month first application) than rejection reason was different from first time refusal and no an ARC was asked (Please refer both GCMS notes and refusal reasons which i have shared earlier). please advise.

2: However, as the visa officer has noted, there is no compelling reason for you to come to Canada. The reasons you have cited in your TRV applications i.e. your Canadian son wants to visit Canada/you want to visit your colleague are not compelling reasons to visit/get an ARC.


(ZMP) please advise the way forward so that i could be well equipped with third time re-apply.

3: Also, the large, last-minute deposits, which do not match your income, has worked against your application + the visa officer is not convinced about your ties to your home country.


(ZMP) This was also mentioned in the first GCMS note when I have applied on 5th Dec (first time Visa Application) and shared the Bank statement for last six months up to 4th Dec (before apply) and 250K were deposited on the 17th of Dec (later, after two weeks apply) which technically could not be included in the Bank statement as i have already applied and submitted the BS and Visa application on 5th Dec. However, I have a very valid reason with proof that deposit and I have shared my detail response (in second time application covering letter) where I have addressed all the financial, personal assets and ties with home country and VO have not mentioned these refusal reasons in second time refusal GCMS Note.

As for as Ties with home country is concern, this was also mentioned in first GCMS note (upon first time refusal) and i have addressed these concerns by sharing the details in second time visa application covering letter {Wife, Two KIDS (other than younger Canadian Son), Property, permanent JOB in home country are very strong ties} and upon second time rejection ties with home country concern was eliminated.
Please advise.

4: there's nothing you can do but to wait until your situation changes significantly. You will have to apply for an ARC.


(ZMP) According to the CIC website, there is no requirement of an ARC, if the the person who has left Canada willingly and has the certificate of Departure (IMM 0056B). I have shared the certificate upon second time application and Second GCMS note there is no mentioned of an ARC requirement. Please advise.

as per following second time GCSM note, VO has't showed any concerns which he has shared at the first time refusal except "Not satisfied there are strong ties to ensure return after visit"


Second Note: Dated 24-01-2017

TEXT: UCI XXX-XXXX Telecom Company manager- to visit colleague- not satisfied there are strong ties to ensure return after visit.


last but not the least, I am really grateful for your time and my sincere apologies for having your maximum time. Seeking your expert advise which will definitely help me to proceed much better next time (me and my Son are still very confident to visit as per our initial travel plan in the second half of coming June 2017) and this might also help to whom through this forum who has gone through with the same situation.

Best Regards

 

[ZMP]

Hi Scylla, Bryanna,

I would be regretful indeed if your please share your expert opinion on my following queries please.

 

[Bryanna]

Can you let us know what the visa officer wrote in your Form IMM 0056B + the type of order (for example, Departure Order, Exclusion Order, etc) when you left Canada.

Regardless, the visa officer has noted that you need an ARC to return (which is necessary when someone is deported)