Visitor Visa Refused Twice! Seeking Advise and Help!

[Paarijaat Dua]

Dear All,

I, along with my daughter who is 5 years old, applied for a visitor visa, initially on 9th January, 2022 which was declined on 22nd January 2022.

The second application was put up on 5th Feb 2022 which was again declined on 14h February 2022.

Please read below:
I am a 35 years old lady who is accompanied by a 5 year old daughter. My husband is currently studying in Canada in his Final Semester, residing in Brampton.
His study permit will be over by 23rd July 2022, afterwards, he would have to apply for a work permit. He left India on 28th February 2021 when he was already going through online classes of his course for the First Semester which had commenced from 8th January 2021.

Visitor Visa Refused,

The reply of the officer to the application at both the times was similar. It is stated below:

////////////////////////////////////////////////////////////////////////////////////////////////////////

Thank for your interest in visiting Canada. After careful review of your temporary resident visa application and supporting documentation, I have determined that your application does not meet the requirements of the Immigration and Refugee Protection Act (IRPA) and Immigration and Refugee Protection Regulations (IRPR).

Following are the grounds of refusal:

1. I am not satisfied that you will leave Canada at the end of your stay as a temporary resident, as stipulated in paragraph 179(b) of the IRPR, based on your personal assets and financial status.
2. I am not satisfied that you will leave Canada at the end of your stay as a temporary resident, as stipulated in paragraph 179(b) of the IRPR, based on your family ties in Canada and in country of your residence.
3. I am not satisfied that you will leave Canada at the end of your stay as a temporary resident, as stipulated in paragraph 179(b) of the IRPR, based on the purpose of your visit.

Documents submitted along with application

Myself:
1. Educational Documents

2. Professional Documents ( left my job after delivery in 2016)- These were asked for submission by my Consultant only.

3. Two Gift deeds on behalf of my father in law reflecting a sum of INR 1.5 lacs and INR 1 lacs respectively. (Please note that my Balance Certificate states the final amount of INR 7.5 lacs which was also submitted in the process. My Consultant suggested me to present gift deed against every sum which was more than 1 lac.

4. Account Statements of my in-laws' bank account to justify the transfer of money to my account, which was supported with gift deeds.

5. Aadhar Card Copy, Digital Photo, Passport Copy (Front and Stamped Pages)

My Daughter:

1. Aadhar Card Copy, Digital Photo, Passport Copy (Front and Stamped Pages)

2. Educational Documents - Passing Certificate of her Kindergarten + First Term Assessment Certificate of her Upper Kindergarten Class.

Please help and advise in our scenario. We need to re apply to get a productive response.

 

[Naturgrl]

Dear All,

I, along with my daughter who is 5 years old, applied for a visitor visa, initially on 9th January, 2022 which was declined on 22nd January 2022.

The second application was put up on 5th Feb 2022 which was again declined on 14h February 2022.

Please read below:
I am a 35 years old lady who is accompanied by a 5 year old daughter. My husband is currently studying in Canada in his Final Semester, residing in Brampton.
His study permit will be over by 23rd July 2022, afterwards, he would have to apply for a work permit. He left India on 28th February 2021 when he was already going through online classes of his course for the First Semester which had commenced from 8th January 2021.

Visitor Visa Refused,

The reply of the officer to the application at both the times was similar. It is stated below:

////////////////////////////////////////////////////////////////////////////////////////////////////////

Thank for your interest in visiting Canada. After careful review of your temporary resident visa application and supporting documentation, I have determined that your application does not meet the requirements of the Immigration and Refugee Protection Act (IRPA) and Immigration and Refugee Protection Regulations (IRPR).

Following are the grounds of refusal:

1. I am not satisfied that you will leave Canada at the end of your stay as a temporary resident, as stipulated in paragraph 179(b) of the IRPR, based on your personal assets and financial status.
2. I am not satisfied that you will leave Canada at the end of your stay as a temporary resident, as stipulated in paragraph 179(b) of the IRPR, based on your family ties in Canada and in country of your residence.
3. I am not satisfied that you will leave Canada at the end of your stay as a temporary resident, as stipulated in paragraph 179(b) of the IRPR, based on the purpose of your visit.

Documents submitted along with application

Myself:
1. Educational Documents

2. Professional Documents ( left my job after delivery in 2016)- These were asked for submission by my Consultant only.

3. Two Gift deeds on behalf of my father in law reflecting a sum of INR 1.5 lacs and INR 1 lacs respectively. (Please note that my Balance Certificate states the final amount of INR 7.5 lacs which was also submitted in the process. My Consultant suggested me to present gift deed against every sum which was more than 1 lac.

4. Account Statements of my in-laws' bank account to justify the transfer of money to my account, which was supported with gift deeds.

5. Aadhar Card Copy, Digital Photo, Passport Copy (Front and Stamped Pages)

My Daughter:

1. Aadhar Card Copy, Digital Photo, Passport Copy (Front and Stamped Pages)

2. Educational Documents - Passing Certificate of her Kindergarten + First Term Assessment Certificate of her Upper Kindergarten Class.

Please help and advise in our scenario. We need to re apply to get a productive response.

You applied within 6 months of the expiry of his study permit so it is refused. Reapply once he has his PGWP and 3 pays stubs/employment letter in a NOC A, B or 0 job. You should then apply for an open work permit (unless you are only staying in Canada for a month or so). You may want to apply for a study permit for your daughter you plan for her to attend school.

 

[Paarijaat Dua]

You applied within 6 months of the expiry of his study permit so it is refused. Reapply once he has his PGWP and 3 pays stubs/employment letter in a NOC A, B or 0 job. You should then apply for an open work permit (unless you are only staying in Canada for a month or so). You may want to apply for a study permit for your daughter you plan for her to attend school.

Thank you for the prompt reply. Advise me, if I am wrong. We are trying to apply for Visitor Visa this time. The Open Work Permit is not the case. Also, in the cover letter of our application, we stated that the Months of June and July are only possible for us to meet my husband in Canada. Since, these are the two months only, wherein, Indian Students get the summer vacations for a longer period.

 

[canuck78]

Thank you for the prompt reply. Advise me, if I am wrong. We are trying to apply for Visitor Visa this time. The Open Work Permit is not the case. Also, in the cover letter of our application, we stated that the Months of June and July are only possible for us to meet my husband in Canada. Since, these are the two months only, wherein, Indian Students get the summer vacations for a longer period.

You aren’t working and your child is young so there isn’t any reason for you to return to your home country. IRCC doesn’t believe you want to come for a 2 month visit only.

 

[Naturgrl]

Thank you for the prompt reply. Advise me, if I am wrong. We are trying to apply for Visitor Visa this time. The Open Work Permit is not the case. Also, in the cover letter of our application, we stated that the Months of June and July are only possible for us to meet my husband in Canada. Since, these are the two months only, wherein, Indian Students get the summer vacations for a longer period.

Order GCMS notes. So you really have no plans to stay in Canada? You are coming just for the summer. You now have two visitor visa refusals so if you are adamant about reapplying you need to address all reasons for refusals.

- Funds: How much of your own funds did you show for a two month vacation including airfare? You will want considerable liquid funds assuming you want to tour around. Gift deeds for a visitor visa shows you can’t afford a visit to Canada for two months. Your in-laws should not be totally supporting a visit. You need to show your own bank accounts. If staying for two months, you want to show funds for airfare plus around $1000 per week. Assume you have a place to stay but were you travelling anywhere?
- Itinerary: Again since you are only coming for the summer, did you include an itinerary?
- Ties to home country: If husband is in Canada, what are your ties? For you, most important, it is a job. For your child, you can show that the child is registered in school and have paid any fees for their school year.
- Purpose of visit: Can mean many things. If not applying for an open work permit, a summer holiday is not a good enough reason. Your husband could come to you and visit.

Since your husband’s study permit is expiring so soon the chances of you getting a visa is low. With two refusals, if you apply again immediately, VOs will be suspicious that you are intending to stay longer. Also it looks desperate since you applied for the first two immediately after the other.

 

[Paarijaat Dua]

Thank you for a productive response which helped me in understanding many scenarios. Please read below.
Funds- I have shown 7 lacs in my balance certificate. Please tell me whether I have done a mistake by presenting gift deeds. Also, if, I would not have shown, the VO could have questioned about the amount of funds in my account as I am a homemaker since the birth of my child, I.e. 2016

Also, I have two investments in the name of my baby for which I questioned my consultant to include in my application. But they were of the opinion, it's not required. One of the investments is a cash back policy and of good amount.

What should we do now?

My daughter is eagerly waiting to meet his father. It is the primary reason to apply for a Visitor Visa, however, your advise suggested us not to re apply.

Should we wait to apply for now Open Work Permit only?

Please share your remarks on-
My husband's student visa expires on 23rd July 2022. My question would be- how long will it take for his Work Permit result ?

 

[Naturgrl]

Thank you for a productive response which helped me in understanding many scenarios. Please read below.
Funds- I have shown 7 lacs in my balance certificate. Please tell me whether I have done a mistake by presenting gift deeds. Also, if, I would not have shown, the VO could have questioned about the amount of funds in my account as I am a homemaker since the birth of my child, I.e. 2016

Also, I have two investments in the name of my baby for which I questioned my consultant to include in my application. But they were of the opinion, it's not required. One of the investments is a cash back policy and of good amount.

What should we do now?

My daughter is eagerly waiting to meet his father. It is the primary reason to apply for a Visitor Visa, however, your advise suggested us not to re apply.

Should we wait to apply for now Open Work Permit only?

Please share your remarks on-
My husband's student visa expires on 23rd July 2022. My question would be- how long will it take for his Work Permit result ?

Funds - Don't know what a balance certificate is. You should be showing your own personal, bank accounts not gift deeds of your parents-in-law.
Baby investments - If you are planning on cashing them in to support your travel, then cash them and deposit into your bank account. I wouldn't do it to fund travel but save it for your child.

The biggest issue is that your husband's study permit expires in a few months. You really need to wait until he has a PGWP and shows that he can support you before you reapply. He will need a NOC A, B or 0 job with 3 paystubs and employment letter for you to apply for an open work permit. Again it is your choice on whether to apply for a visitor or work permit. If you are intending to stay in Canada, then apply for an open work permit.

If you are adamant to reapply after two refusals, you need to address reasons for refusal.

 

[Paarijaat Dua]

Funds - Don't know what a balance certificate is. You should be showing your own personal, bank accounts not gift deeds of your parents-in-law.
Baby investments - If you are planning on cashing them in to support your travel, then cash them and deposit into your bank account. I wouldn't do it to fund travel but save it for your child.

The biggest issue is that your husband's study permit expires in a few months. You really need to wait until he has a PGWP and shows that he can support you before you reapply. He will need a NOC A, B or 0 job with 3 paystubs and employment letter for you to apply for an open work permit. Again it is your choice on whether to apply for a visitor or work permit. If you are intending to stay in Canada, then apply for an open work permit.

If you are adamant to reapply after two refusals, you need to address reasons for refusal.

Sir/Ma'am,

It was really helpful for me to understand the whole scenario. I am now comfortable and relaxed by mind to accept that Open Work Permit is the only solution.

I want to put a remark on your reply for the" investments of my child". I never wanted to state or it wasn't my thought to encash her investments and fund my trip. I stated it for the reason so that VO can understand and determine about the financial strength we hold right away . Just like that only.

Please advise if we can apply for Open Work Permit in his "applied status".

 

[Naturgrl]

Sir/Ma'am,

It was really helpful for me to understand the whole scenario. I am now comfortable and relaxed by mind to accept that Open Work Permit is the only solution.

I want to put a remark on your reply for the" investments of my child". I never wanted to state or it wasn't my thought to encash her investments and fund my trip. I stated it for the reason so that VO can understand and determine about the financial strength we hold right away . Just like that only.

Please advise if we can apply for Open Work Permit in his "applied status".

You can apply for an open work permit once he has his PGWP with a NOC A, B or 0 job and 3 payslips. His permit expires in less than six months so no point in applying.

 

[canuck78]

You can apply for an open work permit once he has his PGWP with a NOC A, B or 0 job and 3 payslips. His permit expires in less than six months so no point in applying.

Could also apply for the OWP in conjunction with the PGWP if the husband has a job in NOC 0, A or B with 3 pay stubs.

 

[Naturgrl]

Could also apply for the OWP in conjunction with the PGWP if the husband has a job in NOC 0, A or B with 3 pay stubs.

Correct. Didn’t word my response correctly.