Visitor Visa for Niece - 18 yrs old

[scylla]

Unfortunately, our genuine visit visa application (just for visit purpose only) for my niece is rejected second time also for the following reasons.

1. Family ties in India and Canada
2. Purpose of travel.
3. Financial status (this is additional refusal reason compared to last time, but she has inherited financial status like personal bank cash, gold and property. We provided bank certificate, CA document, property valuation by civil engineer. But, refused for this reason which didnt happen first time even though same financial status).

This time we added, my niece university all fee receipts, bonafide, previous hall tickets, marks list, notary( my niece, her father consent, my parents, my notarized invitation) and also mentioned that my parents also coming on this trip, flight itinerary etc. We provided all possible documents and our genuine application for purely visit purpose declined second time too.

Unfortunately, my parents (who already have visa) and my nice not coming to my first Canada house warming celebrations. After my sister passed away (my niece was just one year old then), my parents treasure her as their daughter and my niece is like my daughter; we are emotionally attached. I have been taking care, supporting her mentally and financially. I have been missing my whole family (spouse, kids, my parents, my niece-daughter) in significant occasions and celebrations in Canada.

And

I and my wife taking care of my niece as parents since my sister passed away. And my niece will be equal inheritor of my assets along with my two sons. Not sure, what other problems arise in future like this Visa refusal. So, me and my wife decided to adopt my niece legally. As she is 18 years old, in India she is considered as adult. And we are working on adaptation process. I have read that up to 22 years, kids are considered as dependent children and we can sponsor dependent children. Not sure, if this is applicable in our case or adapted children in India.

Once, we adopt my niece, can I sponsor PR or Visitor VISA to her? We really don't need PR for her now. If she at least gets Visitor VISA, then she can come to Canada on holidays along with my parents and spends some valuable family time here. Yes, I understand, she can apply for Study permit or she can apply PR on own once she meets PR criteria factors like bachelors degree, foreign job experience etc. But, this will take time and she is not looking for her study in Canada. She will study in India only and stay in India with my parents.

Your valuable suggestions highly appreciated. Thanks in advance.

Children who are under 21 are classified as dependents. However this will not work in your niece's case since she will be 18 by the time the adoption is processed. She will not be classified as a dependent because of how old she was when she was adopted - and it will unfortunately never be possible for you to sponsor her for PR. She will have to qualify for PR on her own.

Adopting her will not increase the chances of a visitor visa being approved - if anything, it may further reduce the chances of approval.

 

[Nawgee]

Children who are under 21 are classified as dependents. However this will not work in your niece's case since she will be 18 by the time the adoption is processed. She will not be classified as a dependent because of how old she was when she was adopted - and it will unfortunately never be possible for you to sponsor her for PR. She will have to qualify for PR on her own.

Adopting her will not increase the chances of a visitor visa being approved - if anything, it may further reduce the chances of approval.

Thanks @scylla for the response.

I was referring to the age limit from following link

https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/age-limit-requirements-dependent-children.html

But, I was not sure, if this is applicable for adapted child at 18 years.

Thanks

 

[scylla]

Thanks @scylla for the response.

I was referring to the age limit from following link

https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/age-limit-requirements-dependent-children.html

But, I was not sure, if this is applicable for adapted child at 18 years.

Thanks

I'm aware of the rule you're referring to.

You need to read up on the sponsorship rules for adopted children. Again, she is too old. Even if you adopt her, you will not be able to sponsor her for PR.

https://www.canada.ca/en/immigration-refugees-citizenship/services/canadians/adopt-child-abroad/processes/choose-process/immigration/eligibility.html

 

[Nawgee]

I'm aware of the rule you're referring to.

You need to read up on the sponsorship rules for adopted children. Again, she is too old. Even if you adopt her, you will not be able to sponsor her for PR.

https://www.canada.ca/en/immigration-refugees-citizenship/services/canadians/adopt-child-abroad/processes/choose-process/immigration/eligibility.html

Does this adaptation age limit (under 18 years old at the time of adaptation) for sponsorship is same for PR and Canadian Citizens?

Thanks

 

[scylla]

Does this adaptation age limit (under 18 years old at the time of adaptation) for sponsorship is same for PR and Canadian Citizens?

Thanks

Yes - same rules.

 

[Jets13]

Does this adaptation age limit (under 18 years old at the time of adaptation) for sponsorship is same for PR and Canadian Citizens?

Thanks

Wouldn't this also seem like an adoption of convenience, which is one for immigration reasons? This is exactly what this is, an adoption only in the hopes of getting a tourist visa or pr. Even though you were taking care of her during her whole life you only now decided to officially adopt. Research adoption of convenience either on the net or this forum.

 

[Nawgee]

My family emotionally connected to my niece and been taking care like parents. And never got into situation where we had to prove/require that we are her family/parents officially. We thought, emotionally connection/relationship was more important. But, after seeing her visit visa refusals twice, we just scared/realized that in future, we may have to face other tough situations. However, after reading above comments, it put us in dilemma, official adaptation may put her her Visit VISA in refusal category.

To be honest, our visit visa endeavor is genuine, we dont have any intention to misuse visit visa neither my niece. Its purely for visits only during her holidays. We know, she may earn her PR/study permit on her own. But, we are not looking for study permit as we may be going to our country after few years. And if she wants to get PR after her study in India (it takes atleast 4-5 more years to complete her graduation & Post graduation), she can get PR on her own. This weekend, my family here moving to our first Canada home, but we are going to miss my parents & my niece. I am still not sure, what should we submit documents to prove her genuine visit visa purpose. In second time application, we tried to add all possible documents as mentioned below.

1. Invitation Letter:
Invitation Letter from me & my wife with notarized by Notary public
All our passports, PR Cards including my two sons
My Driving license, my wife's ON Photo ID
Our new home APS-Agreement of Purchase & Sales document with copy of initial Cheque (5k) deposit

2. Purpose of Visit:
Notarized cover letter by my niece
Flight Itinerary for my niece & Parents (trip was only 17 days)
Affidavit/Notary from my parents(who already have visit Visa, my mom had Canada travel history also) that they are also travelling with my niece
My parents passports & their Canada Visit visa

3. Funds from my side to support her trip
Bank statements for last six months with around 30000 CAD savings
My 2016, 2017 T4 Copies
My wife & mine NOA for 2018 year

4. Funds for my niece in India
Indian Bank Account certificate with funds of around 10500 CAD
Her inherited property (around 1350000 CAD) valuation certificate
CA certificate for above bank funds, property and gold jewelry-(around 20000 CAD )
Note: In first time visa application, we just provided CA certificate. But, VO didnt mention about my niece financial status in refusal reason. but second time, VO added her financial status also as refusal reason. Not sure, what/how much they need as proof of funds/assets. I requested for ATIP and waiting.

5. Client Information
Biometric validity document from previous visa appication
Affidavit from my niece's father for her Canada trip consent
Bonafide certificate from my niece's university that she is studying B.com (honors) 3rd semester which is 3 years/6 semesters course with no fee due
Her college ID card for current academic year
Her full fee receipts for all 3 semesters
All hall tickets, marks lists for previous 2 semesters
Doctor's Certificate for mother who recently hospitalized
My mother's hospital discharge summary and her Dr appointment bills post her discharge. This is to show that my mother will be having ongoing Dr appointments after this Canada Trip also.

In the cover letter/Invitation letter, we have showed that she has strong relationship with grandparents, father, step mohter, half brother and her father is supporting financial in India, the trip expenses will be borne by me. And moreover, we mentioned that she will be having her 3rd semester examinations in Nov 2019 and thats the reason she is keeping this Canada trip short etc.

@scylla @Bryanna @canuck78 @Jets13 @zardoz @legalfalcon @ashuindian and experts

Could you please share your advise/tips how to improve the visa application.


As it already refused twice in the span of 3 months, how much time do we have to wait for next application?
Will adding MP's letter or consulting MP after submitting VISA, help us? Does it help, even after visa denied?
Is there any process, I can submit written document/oath that I will be responsible to make sure, she returns after trip?
If we add her as secondary applicant and my parents as primary applicants once my parents visa expires after 2 years (by then my parents will be having Canada travel history too), will this help?
Are there any cases who really got Visitor VISA for the applicants with the age around 18 years or similar to my niece's case?

I totally agree and accept, Visa is privilege not right. But, all we are trying is to increase chances of approval for genuine applicant.

Thanks in advance.

 

[zardoz]

My family emotionally connected to my niece and been taking care like parents. And never got into situation where we had to prove/require that we are her family/parents officially. We thought, emotionally connection/relationship was more important. But, after seeing her visit visa refusals twice, we just scared/realized that in future, we may have to face other tough situations. However, after reading above comments, it put us in dilemma, official adaptation may put her her Visit VISA in refusal category.

To be honest, our visit visa endeavor is genuine, we dont have any intention to misuse visit visa neither my niece. Its purely for visits only during her holidays. We know, she may earn her PR/study permit on her own. But, we are not looking for study permit as we may be going to our country after few years. And if she wants to get PR after her study in India (it takes atleast 4-5 more years to complete her graduation & Post graduation), she can get PR on her own. This weekend, my family here moving to our first Canada home, but we are going to miss my parents & my niece. I am still not sure, what should we submit documents to prove her genuine visit visa purpose. In second time application, we tried to add all possible documents as mentioned below.

1. Invitation Letter:
Invitation Letter from me & my wife with notarized by Notary public
All our passports, PR Cards including my two sons
My Driving license, my wife's ON Photo ID
Our new home APS-Agreement of Purchase & Sales document with copy of initial Cheque (5k) deposit

2. Purpose of Visit:
Notarized cover letter by my niece
Flight Itinerary for my niece & Parents (trip was only 17 days)
Affidavit/Notary from my parents(who already have visit Visa, my mom had Canada travel history also) that they are also travelling with my niece
My parents passports & their Canada Visit visa

3. Funds from my side to support her trip
Bank statements for last six months with around 30000 CAD savings
My 2016, 2017 T4 Copies
My wife & mine NOA for 2018 year

4. Funds for my niece in India
Indian Bank Account certificate with funds of around 10500 CAD
Her inherited property (around 1350000 CAD) valuation certificate
CA certificate for above bank funds, property and gold jewelry-(around 20000 CAD )
Note: In first time visa application, we just provided CA certificate. But, VO didnt mention about my niece financial status in refusal reason. but second time, VO added her financial status also as refusal reason. Not sure, what/how much they need as proof of funds/assets. I requested for ATIP and waiting.

5. Client Information
Biometric validity document from previous visa appication
Affidavit from my niece's father for her Canada trip consent
Bonafide certificate from my niece's university that she is studying B.com (honors) 3rd semester which is 3 years/6 semesters course with no fee due
Her college ID card for current academic year
Her full fee receipts for all 3 semesters
All hall tickets, marks lists for previous 2 semesters
Doctor's Certificate for mother who recently hospitalized
My mother's hospital discharge summary and her Dr appointment bills post her discharge. This is to show that my mother will be having ongoing Dr appointments after this Canada Trip also.

In the cover letter/Invitation letter, we have showed that she has strong relationship with grandparents, father, step mohter, half brother and her father is supporting financial in India, the trip expenses will be borne by me. And moreover, we mentioned that she will be having her 3rd semester examinations in Nov 2019 and thats the reason she is keeping this Canada trip short etc.

@scylla @Bryanna @canuck78 @Jets13 @zardoz @legalfalcon @ashuindian and experts

Could you please share your advise/tips how to improve the visa application.


As it already refused twice in the span of 3 months, how much time do we have to wait for next application?
Will adding MP's letter or consulting MP after submitting VISA, help us? Does it help, even after visa denied?
Is there any process, I can submit written document/oath that I will be responsible to make sure, she returns after trip?
If we add her as secondary applicant and my parents as primary applicants once my parents visa expires after 2 years (by then my parents will be having Canada travel history too), will this help?
Are there any cases who really got Visitor VISA for the applicants with the age around 18 years or similar to my niece's case?

I totally agree and accept, Visa is privilege not right. But, all we are trying is to increase chances of approval for genuine applicant.

Thanks in advance.

An MP will not be able to influence IRCC’s decisions. That's not in their remit.
Historically, IRCC’s ignored any "I promise to make them go home" letters, simply because they are not enforceable.
You need to address the specific refusal issues. If you can't do this, there is no point in reapplying.

http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=1485&top=16

 

[Jets13]

My family emotionally connected to my niece and been taking care like parents. And never got into situation where we had to prove/require that we are her family/parents officially. We thought, emotionally connection/relationship was more important. But, after seeing her visit visa refusals twice, we just scared/realized that in future, we may have to face other tough situations. However, after reading above comments, it put us in dilemma, official adaptation may put her her Visit VISA in refusal category.

To be honest, our visit visa endeavor is genuine, we dont have any intention to misuse visit visa neither my niece. Its purely for visits only during her holidays. We know, she may earn her PR/study permit on her own. But, we are not looking for study permit as we may be going to our country after few years. And if she wants to get PR after her study in India (it takes atleast 4-5 more years to complete her graduation & Post graduation), she can get PR on her own. This weekend, my family here moving to our first Canada home, but we are going to miss my parents & my niece. I am still not sure, what should we submit documents to prove her genuine visit visa purpose. In second time application, we tried to add all possible documents as mentioned below.

1. Invitation Letter:
Invitation Letter from me & my wife with notarized by Notary public
All our passports, PR Cards including my two sons
My Driving license, my wife's ON Photo ID
Our new home APS-Agreement of Purchase & Sales document with copy of initial Cheque (5k) deposit

2. Purpose of Visit:
Notarized cover letter by my niece
Flight Itinerary for my niece & Parents (trip was only 17 days)
Affidavit/Notary from my parents(who already have visit Visa, my mom had Canada travel history also) that they are also travelling with my niece
My parents passports & their Canada Visit visa

3. Funds from my side to support her trip
Bank statements for last six months with around 30000 CAD savings
My 2016, 2017 T4 Copies
My wife & mine NOA for 2018 year

4. Funds for my niece in India
Indian Bank Account certificate with funds of around 10500 CAD
Her inherited property (around 1350000 CAD) valuation certificate
CA certificate for above bank funds, property and gold jewelry-(around 20000 CAD )
Note: In first time visa application, we just provided CA certificate. But, VO didnt mention about my niece financial status in refusal reason. but second time, VO added her financial status also as refusal reason. Not sure, what/how much they need as proof of funds/assets. I requested for ATIP and waiting.

5. Client Information
Biometric validity document from previous visa appication
Affidavit from my niece's father for her Canada trip consent
Bonafide certificate from my niece's university that she is studying B.com (honors) 3rd semester which is 3 years/6 semesters course with no fee due
Her college ID card for current academic year
Her full fee receipts for all 3 semesters
All hall tickets, marks lists for previous 2 semesters
Doctor's Certificate for mother who recently hospitalized
My mother's hospital discharge summary and her Dr appointment bills post her discharge. This is to show that my mother will be having ongoing Dr appointments after this Canada Trip also.

In the cover letter/Invitation letter, we have showed that she has strong relationship with grandparents, father, step mohter, half brother and her father is supporting financial in India, the trip expenses will be borne by me. And moreover, we mentioned that she will be having her 3rd semester examinations in Nov 2019 and thats the reason she is keeping this Canada trip short etc.

@scylla @Bryanna @canuck78 @Jets13 @zardoz @legalfalcon @ashuindian and experts

Could you please share your advise/tips how to improve the visa application.


As it already refused twice in the span of 3 months, how much time do we have to wait for next application?
Will adding MP's letter or consulting MP after submitting VISA, help us? Does it help, even after visa denied?
Is there any process, I can submit written document/oath that I will be responsible to make sure, she returns after trip?
If we add her as secondary applicant and my parents as primary applicants once my parents visa expires after 2 years (by then my parents will be having Canada travel history too), will this help?
Are there any cases who really got Visitor VISA for the applicants with the age around 18 years or similar to my niece's case?

I totally agree and accept, Visa is privilege not right. But, all we are trying is to increase chances of approval for genuine applicant.

Thanks in advance.

You can try contacting your MP to see if there is anything they can do. It could be possible that they can arrange a short term visa 2-3 weeks only after which your niece would have to go home. If she gets it 100% make sure she goes home in the short time allotted. First reason is that she could screw it up for others if she doesn't, and secondly later on she can try to apply again showing that she has already once followed visa conditions and has good proof of leaving Canada. Again this is dependent on if your MP can do this. It is possible.

 

[Copingwithlife]

You can try contacting your MP to see if there is anything they can do. It could be possible that they can arrange a short term visa 2-3 weeks only after which your niece would have to go home. If she gets it 100% make sure she goes home in the short time allotted. First reason is that she could screw it up for others if she doesn't, and secondly later on she can try to apply again showing that she has already once followed visa conditions and has good proof of leaving Canada. Again this is dependent on if your MP can do this. It is possible.

IRCC issues TRV, the MP has no authority what so ever to do this, it is not within there mandate as elected officials. They can inquire on a status, but they cannot influence a VO decision whether or not a TRV is issued, this is where "undue influence" comes into play

 

[Jets13]

IRCC issues TRV, the MP has no authority what so ever to do this, it is not within there mandate as elected officials. They can inquire on a status, but they cannot influence a VO decision whether or not a TRV is issued, this is where "undue influence" comes into play

All I'm suggesting is to go and ask if anything is possible. Not demand or influence or create a scene or anything just to go and ask. Maybe there is something they are willing to do.

This happens all the time when people get refused for functions particularly weddings. I'm speaking from experience. The MP also just asked if there is anything that could be done, and the person on the other side said yes (they could have said no too) . There was no pressuring or anything just a question. This is something that the IRCC then needs to look into as it happens all the time.

I see no harm in him asking his MP if anything is possible.

 

[Nawgee]

All I'm suggesting is to go and ask if anything is possible. Not demand or influence or create a scene or anything just to go and ask. Maybe there is something they are willing to do.

This happens all the time when people get refused for functions particularly weddings. I'm speaking from experience. The MP also just asked if there is anything that could be done, and the person on the other side said yes (they could have said no too) . There was no pressuring or anything just a question. This is something that the IRCC then needs to look into as it happens all the time.

I see no harm in him asking his MP if anything is possible.

Thanks a ton @Jets13 . Yes they can not influence the IRCC decision. But, they can request for status, appeal to review application one more time for if the applicant has provided all necessary documents and met eligibility. They will only help to appeal IRCC once they go through all the documents submitted in application and if they feel, the applicant has provided all necessary/mandatory documents and the purpose is genuine.

 

[reachmenow]

Thanks a ton @Jets13 . Yes they can not influence the IRCC decision. But, they can request for status, appeal to review application one more time for if the applicant has provided all necessary documents and met eligibility. They will only help to appeal IRCC once they go through all the documents submitted in application and if they feel, the applicant has provided all necessary/mandatory documents and the purpose is genuine.

@Nawgee - what happened in your case finally
Were you able to get visitor visa for niece