Monday, July 11, 2005

Visitor Visas Done RIght

With the busy summer tourism season upon us, more and more clients have been calling me with inquiries about how to assist their loved ones overseas visit Canada.

A typical caller will explain that a family member had made an application for a visitor visa at a Canadian office in their home country and that application was refused, usually after an interview. Some have applied over and over again to be rejected each time. Most show up at my office, pounding their fists and demanding justice and wanting to sue.

Like any litigator, I enjoy a good day in court, but that usually isn’t the solution best suited to solve my clients’ problems. Justice takes a long of time and is very expensive. Often the best solution is to re-apply – properly. Although once refused, it is often difficult to change a visa officer’s mind, if there has been a substantial change in the visitor’s situation or if the visitor has new information to submit success can be attained.

The prevailing reason for rejecting a visitor visa applicant is that the visa officer does not believe that the visitor will leave Canada at the end of the intended visit. In so doing, officers will commonly explain that they came to this conclusion because of the visitor’s financial standing, current employment situation, family ties in Canada, ties to their home country, travel history, purpose of their visit, and intended length of stay in Canada.

So, how do you avoid rejection? If your friend or family is planning a trip from a country from where a visitor visa is required to visit Canada, here are a few tips to help you along:

First and foremost, be sure that the application is complete. The visitor’s passport must be current, the right fees must be paid, the right forms must be properly filled out and the application must be accompanied by the correct supporting documents. CIC posts application forms, guides and document checklists on their website, use them. Also check with the visa post that you will be applying to and see whether they have any additional forms that you need to complete. The visa office websites can be accessed through the CIC website.

Second, address the fact that the visitor will return to their country at the end of his/her stay in Canada. Gather letters and documents from people in a position to address that point. For example, obtain a letter from the visitor’s employer authorizing vacation time, stating the length of employment, the position/title, salary and that the visitor is expected back at work. Also submit land ownership documents, banking/investment documents, copies of leases, motor vehicle registration and letters from the visitor’s temple/church demonstrating real ties to the community and good character. Letters from friends and family in visitor’s home country are also effective. These letters should illustrate strong ties that assure the visa officer of the visitor’s return to his/her home country.

Third, demonstrate in the application that the visitor can afford the trip. Whether by savings or by gift, the visitor has to prove that the trip is affordable and sustainable.

Fourth, some visa posts require invitation letters to support an application. Whether it be a wedding, family reunion, bar-mitzvah or baptism an invitation letter from family in Canada can be helpful, if not essential. I often submit invitation letters, even if none is required to further strengthen an application. The invitation letter should explain the purpose and length of the trip, the visitor’s name, date of birth, contact information and the visitor’s relationship to the writer. It should also set out the accommodation and living expenses arrangements for the visitor while in Canada and be supported by the writers most recent Notice of Assessment from Canada Revenue Agency.

When dealing with CIC, submit your applications properly in the first place because you don’t often get a second chance to make a first impression.

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