Visitor visa application for my sister & her two sons

[zaf99]

Hello,
We are permanent residents here since the end of 2018(april). Although imI'still a student wewe ha good household income through my husband's employment. I invited my sister and her two sons to visit us this January (2019) for the purpose of tourism and family visit. But they were refused saying that
1. Family ties in both Canada and home( bangladesh)....
2. Travel history....
3. Purpose of visit

We are really upset and puzzled at this result. She has a job for nearly 12 years now. Earns about 14000cad (80k BDT/MONTH) per annum. Have really good bank balance/fixed deposit of 30k CAD that was presented as asset. About 15k cad on current account to be used for the visit. Her sons go to expensive private school. She has her husband, aged parents, job, asset, sons school to prove her ties to home. They have visited Thailand, singapore, Malaysia, Dubai, Saudi Arabia multiple times. On paper her life back home is very comfortable and simple. Still nothing worked.

Would it be a good idea to reapply again this summer stating that they will spend the summer vacation with us? My masters will be over by June and I will have time to take them to places. How can I make the purpose of visit strong enough? Please advise. Thanks in advance

P.S- To be honest, I'm really desperate to bring my sister here (as she's a domestic violence victim) so that I can hire a lawyer and apply for asylum. I have talked to lawyers and they told me it's very difficult /almost impossible to get asylum/humanitarian groud status from outside Canada. So, it's imperative that she gets a visitor visa.

 

[zaf99]

Please help @Bryanna

 

[Bryanna]

Hello,
We are permanent residents here since the end of 2018(april). Although imI'still a student wewe ha good household income through my husband's employment. I invited my sister and her two sons to visit us this January (2019) for the purpose of tourism and family visit. But they were refused saying that
1. Family ties in both Canada and home( bangladesh)....
2. Travel history....
3. Purpose of visit

We are really upset and puzzled at this result. She has a job for nearly 12 years now. Earns about 14000cad (80k BDT/MONTH) per annum. Have really good bank balance/fixed deposit of 30k CAD that was presented as asset. About 15k cad on current account to be used for the visit. Her sons go to expensive private school. She has her husband, aged parents, job, asset, sons school to prove her ties to home. They have visited Thailand, singapore, Malaysia, Dubai, Saudi Arabia multiple times. On paper her life back home is very comfortable and simple. Still nothing worked.

1. How long did they want to visit?

2. When are the school exams in BD? How old are the children?

3. Do post the separate list of documents for each applicant

4. As it is easy to get visas or VOA, none of the countries they have visited will count as travel history. Ideally, Canada is looking for travel to the US, UK, Schengen, Australia, NZ, etc.

When did she go on the visits to these countries and with whom?

5. Does she live with her husband and her in-laws? Does she own property or land or have a lease in her name?

P.S- To be honest, I'm really desperate to bring my sister here (as she's a domestic violence victim) so that I can hire a lawyer and apply for asylum. I have talked to lawyers and they told me it's very difficult /almost impossible to get asylum/humanitarian groud status from outside Canada. So, it's imperative that she gets a visitor visa.

Just to caution you:
I'm sorry to hear about your sister and I hope her life changes for the better soon.

That said, domestic violence is not a reason for asylum. Any lawyer who claims that s/he can apply for H&C or asylum is misleading you just for her /his fees.

Your sister has the option to divorce her husband.... or else to get legally separated.... or to move to another home even in the same city... if he is the cause for the domestic violence. She can seek the intervention of family members or local help groups/womens' groups to resolve this matter.... in a worse case, even the help of the local police.

This ground will not work and your sister will find it impossible to get visas to most countries after a failed asylum claim. This will have repercussions on the future of her children as well.

While you definitely want the best for your sister and your nephews, you must be practical and realistic about what will work and what won't work. If your sister is eligible, she can immigrate through one of the economic streams. Or a more longer path would be to have her children study in Canada.... and then apply for a visa/super visa/PGP PR when they are eligible

 

[scylla]

Hello,
We are permanent residents here since the end of 2018(april). Although imI'still a student wewe ha good household income through my husband's employment. I invited my sister and her two sons to visit us this January (2019) for the purpose of tourism and family visit. But they were refused saying that
1. Family ties in both Canada and home( bangladesh)....
2. Travel history....
3. Purpose of visit

We are really upset and puzzled at this result. She has a job for nearly 12 years now. Earns about 14000cad (80k BDT/MONTH) per annum. Have really good bank balance/fixed deposit of 30k CAD that was presented as asset. About 15k cad on current account to be used for the visit. Her sons go to expensive private school. She has her husband, aged parents, job, asset, sons school to prove her ties to home. They have visited Thailand, singapore, Malaysia, Dubai, Saudi Arabia multiple times. On paper her life back home is very comfortable and simple. Still nothing worked.

Would it be a good idea to reapply again this summer stating that they will spend the summer vacation with us? My masters will be over by June and I will have time to take them to places. How can I make the purpose of visit strong enough? Please advise. Thanks in advance

P.S- To be honest, I'm really desperate to bring my sister here (as she's a domestic violence victim) so that I can hire a lawyer and apply for asylum. I have talked to lawyers and they told me it's very difficult /almost impossible to get asylum/humanitarian groud status from outside Canada. So, it's imperative that she gets a visitor visa.

As Bryanna has said, she does not have grounds for either a refugee or H&C claim. If she applies through the refugee or H&C route, she'll end up with a refusal and will be ordered to leave Canada. After that, it will be extremely difficult for her or her children to return in the future and may also impact their ability to obtain visas to other countries. This is not a good plan.

If she wishes to immigrate to Canada, she should look into the economic immigration streams such as Express Entry as soon as she can to determine if she can qualify through one of these. Or the study permit route as Bryanna has recommended

Note that she will need her husband's permission to bring the children to Canada - either as visitors or permanent residents.

 

[zaf99]

She still lives with her in-laws, and her husband is in rehab. We have tried all legal avenues (divorced him once) but nothing worked. He wont let her leave him nor he'll stop his tortures.

She only has a FDR in her name, nothing else. She doesn't own anything else. Our dad has properties half of which she'll inherit. Her sons are 10 and 12 years old. They go to English medium school. So their final exam is in June/July. Their most recent visit was to Thailand (without husband). But they mostly travel with him.
I know it's very difficult to get asylum (all the lawyers said so), but I want to try. I had an acquaintance who requested asylum on this basis and got approved. So even if there's a tiny possibility I want to give it a shot.
Ideally, they will visit for a month. If we can manage sth within this time or get positive assurance from any lawyer that the case has a chance, then she can stay longer. But they'll not overstay their visa or stay back illegally. Bcz our reputation would be on the line and they don't want to be blacklisted. I know the procedure is lengthy and uncertain, but the position she's in can only be improved if she leaves BD forever. BD is still not a safe place for women, shariya laws are very unfavorable for married women. And the police are corrupt and will do anything for money.
The guy is mentally derailed, violent and a drug addict. So make him sign the letter won't be difficult. He is very compliant in rehab, things only get worse after 4-6 months. It's a pattern. It's his 7/8th time in the rehab.
They are very rich and from outside may seem a happy peaceful family. But in reality he beats her regularly, locks her in the bathroom, strangle her, suffocate her, throw stuff at her. Day by day he's getting worse and even the children arent safe from his wrath. She's genuinely living under the fear of persecution everyday. And I know if we don't do anything soon he'll certainly kill one of them soon. These incidents are very common throughout the world. He's a psycho and an addict so he wouldn't be able to control.

 

[Bryanna]

She still lives with her in-laws, and her husband is in rehab. We have tried all legal avenues (divorced him once) but nothing worked. He wont let her leave him nor he'll stop his tortures.

1. What is he in rehab for?

2. Not sure what you mean she divorced him once earlier. They remarried after that divorce? Or are they now living together?

3. In today's world, I find it absolutely tragic if a woman cannot stand up for herself and her children.... and if she continues to tolerate domestic violence.

Sorry. Not judging here, just stating a view based on the facts you have posted. Your sister is to be blamed for her current state because she refuses to end a violent relationship. By allowing her husband to torment and torture her, she has no one else to blame but herself.

She only has a FDR in her name, nothing else. She doesn't own anything else. Our dad has properties half of which she'll inherit.

Future inheritances are not considered.

Her sons are 10 and 12 years old. They go to English medium school. So their final exam is in June/July. Their most recent visit was to Thailand (without husband). But they mostly travel with him.

The family, including the husband/dad, vacation abroad together.... but then return to BD to domestic abuse?

BTW she cannot apply for her sons' TRVs without the written consent and 24/7 contact information of her husband.

I know it's very difficult to get asylum (all the lawyers said so), but I want to try. I had an acquaintance who requested asylum on this basis and got approved. So even if there's a tiny possibility I want to give it a shot.

Every case is unique. I would advise you not to trust anecdotal cases unless your lawyer studies the case file submitted for your acquaintance's asylum claim.

Ideally, they will visit for a month. If we can manage sth within this time or get positive assurance from any lawyer that the case has a chance, then she can stay longer. But they'll not overstay their visa or stay back illegally. Bcz our reputation would be on the line and they don't want to be blacklisted.

The point is your sister and her sons have a slim to none chance of getting TRV approvals.

With IRCC running background checks on applications from some countries, it won't be long before IRCC figures out that your sister is a potential asylum seeker (although her TRV case is weak in the first place).

I know the procedure is lengthy and uncertain, but the position she's in can only be improved if she leaves BD forever. BD is still not a safe place for women, shariya laws are very unfavorable for married women. And the police are corrupt and will do anything for money.

Simple: She can divorce him. She is not compelled to live with him. There is no religion that advises a woman to live with an abusive husband.

The guy is mentally derailed, violent and a drug addict.

Perfect. If your sister has the evidence to prove this for a H&C case, then she can certainly use the same evidence for a divorce in her favor.

So make him sign the letter won't be difficult. He is very compliant in rehab, things only get worse after 4-6 months. It's a pattern. It's his 7/8th time in the rehab.

I cannot understand why your sister refuses to end this relationship.

They are very rich and from outside may seem a happy peaceful family. But in reality he beats her regularly, locks her in the bathroom, strangle her, suffocate her, throw stuff at her. Day by day he's getting worse and even the children arent safe from his wrath. She's genuinely living under the fear of persecution everyday. And I know if we don't do anything soon he'll certainly kill one of them soon. These incidents are very common throughout the world. He's a psycho and an addict so he wouldn't be able to control.

Again, is your sister, your parents and you waiting for a tragedy to happen before you guys take some constructive action? Are his parents mute spectators to these sordid episodes of violence and abuse? Has your sister tried to seek help from external sources if your family is unable to intervene? Sorry to be blunt.

There are choices in life. It's for your sister to make a choice that will not endanger her life nor her well-being. It is not as if divorce or separation are non-existent in BD.

IMO, your sister has zero chances of getting asylum on the grounds of domestic violence. Ditto for H&C too.

You would only be messing up their lives even more by adding a failed H&C or failed asylum claim to their already troubled lives. Their lives are pretty messed up already. Imagine if she returns to BD after a failed H&C/asylum and encounters her husband. Her situation would be a lot worse than it already is. Plus, she would have almost zero chances of getting visas to most countries in the Western world.... besides jeopardizing the future of her sons

 

[canuck78]

Also wanted to mention that it sounds like your student permit is almost finished. That will also count against them when it comes to their application for TRV. When does your study permit expire?

Isn't the FIL considered the head of the household? They must be aware of the substance abuse and domestic violence. Would think they don't want there son's addiction issues exposed. I would say domestic violence as well but unfortunately still not the case everywhere. You would think that both families could come to an agreement that a divorce could be possible as long as you keep the evidence of his addiction issues quiet. Everyone moves on based on an acceptable reason since image is important.

 

[Bryanna]

OP is a PR since the last one year

 

[canuck78]

OP is a PR since the last one year

Missed that thought she was a on a student permit.

 

[zaf99]

It's not like my "sister refuses to end this relationship". His parents married him off withholding info regarding his addiction back in 2001( when she was 18years old). He started beating her almost immediately. So she divorced him in 8/10 (don't remember exactly) months of marriage. But he kept harassing her and our family and tried to take her back. All this time we have done several police and judiciary cases, appealed to the women's organization, etc. But the lawyers simply don't monitor their clients after the case is over and our local police came to our places several times to tackle him but made it very clear that as we are not VIPs they can't give us 24hours protection. Then we got a breather for nearly 3years as he was again put in the rehab for drug abuse. In 2006 he reappeared again and abducted her from her workplace (Please don't be surprised, these are quite common in the subcontinent, I'm even more surprised that you think in today's world women can easily do whatever she likes and stand up for herself). She took her back to their place and he and his family convinced her that her divorce was invalid as in Islam women are not allowed to divorce their spouses (Please don't judge her, she was young, alone, terrified, under a lot of pressure). So they got her remarried again in 2006. Then she had her two sons. All this time the torture and abuse continued, be it home or abroad. Again please don't blame her, she tried multiple time (at least 12/13) to divorce him, but then she had to leave the kids o that culprit (who is very much capable of harming his own kids, again not an uncommon story for drug addicts). We have consulted many lawyers/barristers, everybody said 1. it's very difficult to accuse him of domestic violence as my sister has no proofs other than her own testimony( the dozens other witnesses are either his relations or his servants, so they will never testify for her), 2. very difficult to prove he's unfit as a parent due to his addiction, he would simply deny them and pose as a gentleman (even though my sister has his old rehab files, they might say he's changed); 3. she won't get the kids custody as according to sharia law male children go with father. 4. best case scenario she gets their custody. But he will still have long visitation time and their legal guardianship. So, he can very well harm them or turn them against their mother or most probably use them as baits to lure her back. We are not dealing with a sane evil person here whose steps are predictable. Each and every lawyer in the city told her it's nearly impossible to win her case and even if she wins ( given that she, a single woman with no support, can navigate the nasty legal system in BD) the court will not monitor their status after the verdict. So, they will be more vulnerable to his and his family's wrath. The Police are so evil they will do anything for money. If you have no political affiliation or no money then you are not worthy of their protection. And she has nobody to accompany her, instead, people tell her it's her fault that she couldn't rectify him in all this time (no kidding), the OC at our local office blatantly told her it's okay to get beaten once in a while as long as he's not killing you. I know this might sound like fiction, but it's 100% truth, not a shred of fabrication. And trust me this is not uncommon in BD. I studied women and gender studies and I asked for help to many of my professors (who are also social activists) but nobody could solve this. Only divorcing him won't solve anything and how would she feel leaving her innocent sons to his custody? It's quite easy to simply get a divorce, but the consequences will be very unfavorable to her. We have tried to intervene hundreds of time, but their family is even worse than that psycho. They won't take any responsibility, and won't change a thing. They are the ones responsible for creating this monster. The doctors said he's incorrigible as he's used to power and money since childhood. And they know they can get away with anything with that. It may seem very easy to put an end to an abusive relationship, I used to think that too and blame my sister for everything, but now I know as I grew older that it's not that easy to change things as there are children involved. It already takes immense courage for her to stand up against him, after all, she a battered woman and is psychologically wounded (If possible please search "Battered Women Syndrome"). So, I would keep my judgment to myself and continue trying to find ways to rescue her. Apologies for this lengthy response.

 

[zaf99]

returning to my main query, if they have a slim chance of getting TRVs, then there's no point of trying now. Maybe I'll invite her to attend my graduation in Nov this year. Then she'll have a strong purpose of visit. We are very simple law-abiding people, we have never broken any laws, nor planning to do so in the future. My only regret is I have seen many people/ many families fabricating stories of persecution and getting asylum granted (I'm sure you have too). How come these totally made-up cases got asylum approved through good immigration lawyers and we (with genuine fear) do not even have a chance!! It's sad that we are living such a wonderful life in Canda and paying a fat amount of tax since arrival, yet we cannot even sponsor my own sister under any category. However, we are good people and I'm certain some avenues will surely open up for us. Thanks for your responses.