Canadian Tourist Visa Application Rejected

[Banana7]

My Thai GF was rejected for a Canadian tourist visa today. Reasons sighted is that she will not leave Canada at the end of her stay as stipulated in paragraph 179(b) of the IRPR and supported by: 1. based on travel history, 2. based on purpose of visit, 3. based on limited employment prospects in her country of residence, 4. Based on personal assets and financial status.

 

Travel history is: Myanmar, Laos, Vietnam, Indonesia, Cambodia, Singapore

Purpose of visit: tourism

Current employment: bartender major hotel

Personal assets: 120K baht in the bank, credit card, salary 22K a month

 

I gave her a letter of invitation and providing her: return flight, emergency travel insurance, accommodation, food and drink, transportation and admission to tourist attractions.

 

Any recommendations on how to get the visa approved?

Edited March 13, 2019 by Banana7

[tlandtday]

sorry to hear seems the easiest way nowadays sadly is to simply run across a border...

[bwpage3]

Seems that the travel history would work in her favor in that she returned home after each trip?

 

Limited employment prospects in her own country? Not sure what this has to do with being a tourist? But I would certainly ask.

 

Does she have her name in a house book or any land, something they would think she would return for?

 

The funny thing is these govt agencies assume guilt before there is any as a reason to deny the visa.

 

They assume she will not come back, (they assume she will break the law before any law is broken) and with no evidence she will break the law deny her visa.

 

That is just plain horrible and stupid.

 

How about a fiance visa?

[Banana7]

2 minutes ago, bwpage3 said:

Seems that the travel history would work in her favor in that she returned home after each trip?

 

Limited employment prospects in her own country? Not sure what this has to do with being a tourist? But I would certainly ask.

 

Does she have her name in a house book or any land, something they would think she would return for?

 

The funny thing is these govt agencies assume guilt before there is any as a reason to deny the visa.

 

They assume she will not come back, (they assume she will break the law before any law is broken) and with no evidence she will break the law deny her visa.

 

That is just plain horrible and stupid.

 

How about a fiance visa?

Yes, she returned from each foreign trip, within the legal limit. She has both entry and exit stamps.

 

Yes, she has a house book with her name in it, but that is in her village, its the family home, not where she is currently living. The house book, or proof of address was not requested.

 

 

 

[post]

How long did she state her intent to stay in Canada when she made the visa application?

Edited March 14, 2019 by post

[Banana7]

9 hours ago, post said:

How long did she state her intent to stay in Canada when she made the visa application?

About 85 days, less than 3 months.

[theoldgit]

18 hours ago, Banana7 said:

About 85 days, less than 3 months.

Quite a long holiday for somebody who claims to be working in a major hotel.

[Cloudy]

And there is the exact reason why her application was rejected. 85 days ? I doubt any Hotel would keep a job open for three months for someone to go and take holidays


Sent from my iPhone using Thaivisa Connect

[Banana7]

11 hours ago, Cloudy said:

And there is the exact reason why her application was rejected. 85 days ? I doubt any Hotel would keep a job open for three months for someone to go and take holidays


Sent from my iPhone using Thaivisa Connect

That might be the reason for saying the "purpose of stay" is too long for a "tourist" vacation. However the letter sighted 4 reasons and other 3 reasons don't seem to be justified.

Edited March 16, 2019 by Banana7

[Banana7]

If anyone is seriously considering a temporary resident visa(tourist, education, etc.) to Canada, make sure your application is extremely detailed and through. The onus is upon the applicant  to establish that they will leave Canada as planned. It's very easy for a Visa officers to conclude that the applicant will not leave Canada as planned. The Visa Officer will look at your financial ability to support your stay and your ties to your country of residence. Ties can include but are not limited to, a home or property, employment, enrollment in a program of study, family and community ties. You should be able to show that there are things that are motivating you to return home after your visit and that you are not motivated to remain in Canada for longer than you are authorized.

 

There are thousands of court case at this website which discuss the relevant factors. Some people have submitted 10 applications (each one costing CAD$100), and each one was refused, and they even lost going to court (lost thousands of dollars on legal fees). In court, loser pays the other party's legal fees. See this website:

 

https://decisions.fct-cf.gc.ca/fc-cf/en/nav.do

 

 

If your visa application is refused, there are only 2 ways to appeal. Firstly, to the Federal Court of Canada based on procedural or legal basis , secondly to Canadian Human Rights Commission if there is discrimination based on Canadian human rights values.

 

Attached are some remarkable court cases and decisions of people getting refused a tourist visa.

 

IMM_1438_17_20171103_JR_E_O_OTT_20171106102503_PNT_2017_FC_992.pdf IMM_1946_17_20171031_JR_E_O_OTT_20171120080106_MRT_2017_FC_972.pdf IMM-687-18_20181011_JR_E_O_VAN_20181015121511_SIM_2018_FC_1023.pdf IMM-2412-18_20181214_JR_E_O_TOR_20181214090337_SOU_2018_FC_1267.pdf IMM_6918_14_20150424_JR_E_O_OTT_20150428140922_NSI_2015_FC_534.pdf IMM-1124-17_20180221_JR_E_O_OTT_20180220161751_ORE_2018_FC_192.pdf

Edited March 16, 2019 by Banana7

[Banana7]

To get the true reasons why an applicant is refused, you have to get the case officer's (CO) notes from the Global Case Management System (GCMS).

 

In my case, notes indicate CO feels applicant won't leave as planned because: 1. Job in Thailand is easy to get, no investment to get a similar job; 2. Applicant has no long distance travel history, all travel is regional, needs travel to USA, Europe, or a Western country which requires a visa.

 

Reason sighted can't be changed so useless to apply a 2nd time.

 

[Banana7]

If the Canadian TRV is refused, do not reapply until you obtain the case officer's notes and reasons. To get them, it cost CAD$5 and apply here:

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/transparency/access-information-privacy/requests-information-act.html