Visitor visa rejected paragraph 179(b): purpose of visit, family ties in Canada and in country of residence

[unhappymeal]

Hey Canada Visa,

My brother-in-law recently applied for a visitor visa for Canada and was rejected under paragraph 179(b). In the application, my wife sent an invitation letter stating the following:

-She had not seen her brother since 2011

My mother-in-law also sent an invitation letter with the following:

-That she was ill
-That she was scheduled to undergo surgery
-That the prognosis following surgery was uncertain and the illness may be terminal

In his application, my brother-in-law noted that:

-he is a Graduate student in his home country and has $10,000 CAD in his bank account
-He owned a condominium
-My wife and mother-in-law provided statements that they would cover all his material needs and provided bank statements
-My brother-in-law is not married
-His father is deceased and my mother-in-law is a Permanent Resident of Canada
-My wife and I are both Canadian citizens
-The requested duration of stay was 30 days
-He has traveled to other countries in the past and returned to his home country

The exact reasons given for the rejection were:

• 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.

• 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 your country of residence.

It should be noted, that my wife's sister applied for a Visitor Visa in 2018 and was granted a 3-year multiple entry visa. She is also not married, but works full-time. At the time of her application, my mother-in-law was not a Permanent Resident of Canada. At this point, we are a bit perplexed and are unsure as how to proceed.

 

[kat3onah]

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.

You don't need multiple invitations to prove one's purpose of visit. The visa officer may find it conflicting since both the sister and mother are saying different reasons when the fact is they just want to be reunited with your brother-in-law. One invitation is enough.

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 your country of residence.

This reason can mean two things:
1. The family ties in Canada outweighs the ties in the home country. The fact that your bro-in-law is single and there are 2 family members in Canada, he can easily stay and immigrate illegally.
2. His ties in his home country are weak. This refers to a job, family (of his own.. wife..kids), assets and properties or simply the reasons for him to go back and not stay in Canada. Unlike your sister-in-law, you never mentioned that he is working. Also 30 days stay is too much. Normally to be safe you need to declare 2-3 weeks max stay. I mean in case you get the visa, you can easily plan for a month.

 

[unhappymeal]

You don't need multiple invitations to prove one's purpose of visit. The visa officer may find it conflicting since both the sister and mother are saying different reasons when the fact is they just want to be reunited with your brother-in-law. One invitation is enough.

This reason can mean two things:
1. The family ties in Canada outweighs the ties in the home country. The fact that your bro-in-law is single and there are 2 family members in Canada, he can easily stay and immigrate illegally.
2. His ties in his home country are weak. This refers to a job, family (of his own.. wife..kids), assets and properties or simply the reasons for him to go back and not stay in Canada. Unlike your sister-in-law, you never mentioned that he is working. Also 30 days stay is too much. Normally to be safe you need to declare 2-3 weeks max stay. I mean in case you get the visa, you can easily plan for a month.

1. Apologies, I wasn't clear on the original letter. My wife's original invitation articulated on top of not seeing him in a long time that their mother was ill, but point taken.

2. Do they not consider being a Graduate student as employment? He has every incentive to finish his Graduate studies and he has property and a car in his home country. As for my wife's sister, we originally asked for two months for her initial visit and she was granted a 3-year multiple entry visa. That is why we are so perplexed.

 

[canuck78]

No one can stop a son visiting his ailing mother. Proper documentation is needed. Her doctors letter and all the medical certificate and a common invitation without multiple reasoning.

Yes people can certainly prevent a son from visiting his mother.

 

[canuck78]

1. Apologies, I wasn't clear on the original letter. My wife's original invitation articulated on top of not seeing him in a long time that their mother was ill, but point taken.

2. Do they not consider being a Graduate student as employment? He has every incentive to finish his Graduate studies and he has property and a car in his home country. As for my wife's sister, we originally asked for two months for her initial visit and she was granted a 3-year multiple entry visa. That is why we are so perplexed.

Being a graduate student is not considered employment. His mother’s surgery and potential failing health in many ways creates more incentive to overstay. It is a tough call as to whether to mention the surgery or just ask for a visit since it sounds like she has now been sponsored through PGP. Paying for a doctors note is pointless. Your mother already has family in Canada so she can’t say she needs a caregiver. Personally I would think you should try and ask for a 2-3 week vacation to visit his mother during his summer break. His ties to home are weak especially given most of his family is in Canada so can’t guarantee he will get the visa. The fact that he doesn’t have a spouse or children and a job to create stronger ties is an issue. Does he have many years left in his graduate program? If so that could be something to mention. Not unheard of people abandoning graduate programs.

 

[canuck78]

U r right people can prevent but federal court will rule out those people. It will cost but its worth it at the end . Like i said professional help is always beneficial. Hiring a consultant will do the job, but people in this forum are against professional help.

A federal court would not guarantee that a sin will be able to visit his mother while she has surgery especially given she has other family in Canada. Spending 3-5k and waiting maybe a year doesn’t make sense.

 

[canuck78]

U cannot guarantee he will not get a visa either, it seems u seriously want people get their visas declined.

Not guaranteeing means there is a possibility of approval or refusal. Guaranteeing that you will get a visa if you pay a lawyer or keep applying is not realistic.

 

[unhappymeal]

Being a graduate student is not considered employment. His mother’s surgery and potential failing health in many ways creates more incentive to overstay. It is a tough call as to whether to mention the surgery or just ask for a visit since it sounds like she has now been sponsored through PGP. Paying for a doctors note is pointless. Your mother already has family in Canada so she can’t say she needs a caregiver. Personally I would think you should try and ask for a 2-3 week vacation to visit his mother during his summer break. His ties to home are weak especially given most of his family is in Canada so can’t guarantee he will get the visa. The fact that he doesn’t have a spouse or children and a job to create stronger ties is an issue. Does he have many years left in his graduate program? If so that could be something to mention. Not unheard of people abandoning graduate programs.

Thank you. I appreciate the honest commentary. I think the challenge is that the government may not appreciate how hard it is to get a fully funded graduate degree position in his country of origin. My understanding is that the number is very small--around 174 positions per year. That is not something he will give up lightly. As for his Graduate program, yes, he just started so he has at least 3 years left.

We would really like to have him here near the surgery as his father died before he knew him and so his mother is all he ever knew. If something were to happen, he would be devastated if he could not see her before she passed. We articulated that in our invitation letters, but it seems it fell on deaf ears. Any ideas how to move forward? Should we consider a lawyer?

 

[canuck78]

Thank you. I appreciate the honest commentary. I think the challenge is that the government may not appreciate how hard it is to get a fully funded graduate degree position in his country of origin. My understanding is that the number is very small--around 174 positions per year. That is not something he will give up lightly. As for his Graduate program, yes, he just started so he has at least 3 years left.

We would really like to have him here near the surgery as his father died before he knew him and so his mother is all he ever knew. If something were to happen, he would be devastated if he could not see her before she passed. We articulated that in our invitation letters, but it seems it fell on deaf ears. Any ideas how to move forward? Should we consider a lawyer?

Unfortunately saying that he is very close to his mother and would want to be near if she took at a turn for the worse translates into will remain in Canada no matter what if his mother’s health declines for visa officers. Does he have other travel history to countries like Australia, UK, US, etc.? Especially for tourism.

 

[unhappymeal]

Unfortunately saying that he is very close to his mother and would want to be near if she took at a turn for the worse translates into will remain in Canada no matter what if his mother’s health declines for visa officers. Does he have other travel history to countries like Australia, UK, US, etc.? Especially for tourism.

Unfortunately, no. Mostly the Middle East and Eastern Europe. It looks like we are in a bit of a holding pattern: he has every incentive to leave as he has a fully funded Graduate degree, which is a rarity, but Canada thinks he has every incentive to stay because of family history. What a mess.

 

[canuck78]

Unfortunately, no. Mostly the Middle East and Eastern Europe. It looks like we are in a bit of a holding pattern: he has every incentive to leave as he has a fully funded Graduate degree, which is a rarity, but Canada thinks he has every incentive to stay because of family history. What a mess.

You really need to think like a visa officer when applying. Many submit documents and reasons assuming that it would be a guaranteed reason for approval like a pregnancy and it has the opposite effect. If the travel in Eastern Europe is in the past 5 years I would highlight that. Would also highlight and provide evidence of how rare scholarships are for graduate work and a copy of the scholarship offer from his department. Is he teaching or a TA at his school? Show that he would be travelling exactly during the school break. Does he have a future partner? That may also help but if nothing has been set in stone that doesn’t help. Any future commitments at home? Conferences, weddings, future booked travel? The fact that all his family is in Canada creates stronger ties to Canada.

 

[mpraina]

As I applied for visitor visa to Canada and visa is rejected with reason I m not satisfied that you will leave canada at the end of of your stay as temporary resident as stipulated in paragraph 179(b) of IRPR based on hour travel history
I'm not satisfied that u will leave Canada as stipulated in 179b based on your family ties in Canada and In your country of residence
I'm not satisfied as stipulated in paragraph 179b based on purpose of visit
As I m working as Branch manager in nationalize bank
I submit all my balance certificate supporting affidavit from my parents

Also my wife is working aS Govt teacher
I Show funds of about rs 30 lacs.
Buy I do now