Immigration Corner |My visa application has been refused three times

Dear Miss Powell,

My mother lives in Canada, and I would like to visit her. But every time I apply, I get rejected because my mother lives there, and they don’t think I will leave. I think it’s unfair as I really don’t care about living there. I just want to make sure my mom is doing OK, especially since her husband just passed away. I don’t know how I can prove to them that I won’t run off. Can you please tell me what exactly they are looking for? Should I even bother to apply again after being refused three times?

– A.B.

Dear A.B.,

A visa officer will assess each application based on the documents and facts you present to him or her when you are applying for a visitor’s /temporary resident visa. It is, therefore, up to you to present all the facts to demonstrate that you will not break the immigration rules and that you will, in fact, return to your home country once the time granted has expired.

There is no magic formula. However, your focus should be on showing that you have sufficient social, economic, and emotional ties to your home country that will motivate you to return to your home country.

SOCIAL AND EMOTIONAL TIES

It is always good to clearly demonstrate a tangible reason for wanting to travel to Canada. If your mother is a citizen or permanent resident, you will be permitted to enter Canada once you have the requisite visa.

While it is good to show that you have your mother in Canada to visit, by her providing you with a notarised invitation letter that explains the reason for your visit, it is even more important to emphasise that you have a community of people in your home country and to whom you have a legal and strong moral obligation to provide financial support. You should also explain how you will maintain contact with them during your time away.

Are you in a committed relationship, or are you married? Do you have children? You should, therefore, include documents such as a marriage certificate or declaration of common-law union and birth certificate of children, if applicable. If you are not married, but in a stable committed relationship, you should provide proof of your common-law union such as joint ownership of property, motor vehicles, or bank accounts.

You did not indicate your age and occupation. However, the general perception is that the older you are, the less likely that you would breach immigration laws and brave the harsh Canadian winters as an undocumented immigrant.

Consider providing evidence that you have a history of compliant travelling by demonstrating that you have visited other countries and returned home within a reasonable time. This will provide some evidence that you are respectful of other countries’ immigration laws and not just looking for an opportunity to leave your home country permanently.

You could also provide proof of membership in various community groups or professional organisations. You could provide a letter from the president, or one of the executives, or from a community leader to demonstrate your community activities and that others rely on you.

ECONOMIC TIES

There are several ways to establish economic ties in your home country. You should provide a bank statement that shows that you have sufficient funds to pay for your ticket, trip, and continue with your financial obligations in your home country and not be financially burdened or bankrupt at the end of a vacation.

If you are unemployed and do not have a valid explanation why you are unemployed, such as retirement, then I do not recommend that you apply. You will need to provide a letter from your employer that clearly demonstrates that you are in a stable, permanent job for a minimum of one year. The letter from your employer should detail the period that you have been employed, your job title, compensation, and benefits, as well as the vacation that you are entitled to.

If you are self-employed, you should show copies of your business registration or incorporation, proof of contracts or projects, and your latest tax returns.

If you own your home, motor vehicle, major equipment, or machinery, you should provide proof of this. Be prepared to show a registered land title. If you have unregistered land, then you will need to show receipt for payment of property taxes in your name. You may also provide a statutory declaration exhibiting a copy of a survey of the land. If you do not own property, but you have a rental contract/lease for your home, you may include that.

Since your application has been rejected many times, I would strongly recommend that you consult with an immigration lawyer to assist you to review your past applications and provide a well-drafted letter of explanation that addresses the previous concerns of the visa officer. If you are unable to address the past issues highlighted in the rejection letter, I do not recommend that you reapply.

Deidre S. Powell is a lawyer, mediator, and notary public with office in Ottawa, Ontario. Submit your questions and comments or do her free eligibility assessment via her website at www.deidrepowell.com. Find her on Facebook, Twitter, LinkedIn, and Instagram or call 613.695.8777.