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Discussion Starter · #1 ·
Hi all,

please help me out on this situation.share your ideas/thoughts/experience to solve this problem. this happens to one of my friend.scenario as follows

*his wife got student visa for 2 years.so he wants to go there for initial settlement of his wife and come back to sri lanka.his elder brother also Canadian citizen and he living with his family in Toronto Canada.

* then he applied for Canada visit visa and granted visa for 6 months.(single entry - applied from sri lanka)

*in the mean time he got another job offer just 1 day before visa got stamped.

* so after got the offer letter/appointment letter from the new company he gave resignation to current company.

* subsequently Canada high commission contacted him and ask to come for meeting with regard to visa fraud information.

* then Canada high commission informed him saying that your current company management informed us that you've given resignation so will cancelled you visit visa immediately.

* then he produce the offer/appointment letter of new company and explain the situation.but unfortunately they cancelled the visa and ask to re-apply for visit visa.

so now he is in doubt what happen next ??? will they reject the visa again ?? or any chance to get visa ???

friends please share your thoughts/experience/ideas regarding this...

Thanks & Regards,
 

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Your friend is welcome to reapply for another visit visa, but it is going to be a difficult job, as the High Commission already suspect that he will not leave Canada at the end of the visit visa - they are justified in thinking this for the following reasons: a) his wife is in Canada, alone, on a study permit while he lives in Sri Lanka; b) his brother lives in Toronto; c) he quit his job before he was approved for the visa... all of those are red flags for the Government of Canada.

When your friend re applies, because the High Commission suspect him of applying under false pretences and subsequently cancelled his last visit visa, he is going to have to show water tight proof that he will return to Sri Lanka.

He should provide lots of proof that he has ties to Sri Lanka and will return there at the end of his visa. Proof of these ties to Sri Lanka include but are not limited to the following:

Pay slips and bank statements showing the amount of pay on the pay slip being deposited into the bank.

This is proof that your friend is working and receiving an income and less likely to abscond in Canada. It's not enough for your friend to show an appointment/offer letter for a job... those can be forged easily enough and job offers can be accepted for convenience of obtaining a visa and subsequently the job can be resigned from, once the visa has been approved.

While there is no set in stone amount of pay slips/bank statements that he needs to send in, I would recommend a minimum of 3 months (three months) be submitted - while more is better, going by the principle that 3 months is a standard "probation" period for many jobs in Canada (i.e. after 3 months of being on the job, a new hire can usually consider themselves to be a permanent employee in a company as any work related issues arise within the probation period, the employer has justification to consider terminating employment) the GoC can be fairly assured that your friend will be staying with his employer for the medium to long term.


A letter from his employer specifying that they are allowing him to take time off of work to go to Canada and that your friend is expected back at work on a specific (named) date.

It's not usual (in Canada, at least) for an employer to grant a new employee personal/holiday time away from the job when they've just been hired, so the High Commission will wonder how your friend is managing to leave his new job so soon after joining.

With a leave of absence letter from his employer, your friend can prove that he is in fact permitted by his employer to be away from work for the duration of the visa and that his employer expects him to return back to work by a specific date.

Ownership of real property (real estate) and/or highly valuable tangible property

Mortgage or vehicle payments or similar financial responsibilities

Non financial responsibilities e.g. caring for parents/children, community leader, etc

Regardless of the country he applies to, whenever he is asked, your friend will also have to disclose that he had a visit visa cancelled by the Canadian High Commission... i.e. if he applies for a Visit Visa to the UK and the application asks about past visa refusals, he will need to declare the fact that the Government of Canada cancelled his Visit Visa. If his explanation is sound and credible, the refusal will not be an insurmountable problem, especially if he applies again and is approved for a Visitor's Visa to see his wife and his brother here in Canada.

Good luck to your friend.
 

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Discussion Starter · #3 ·
hi WestCoastCanadianGirl,

thanks a lot for your detail explanation.we've some more queries ... so if you can your view/idea regarding this it's very much helpful for us...

1) hence he got 6 month visit visa and cancelled... so is it possible to apply and successfully grant new visit visa with in that 6 month period of time ???

2)is there a way to appeal against the decision already made by Canadian high commission ??

3)hence we need to get it done with in 2 weeks time ..... so is there a way to apply prioritize/express visit visa again ???

4)we are planning to Canadian high commission send a letter to that informing/explain the situation happen.... will it be negative impact or possitive impact in our future applications ???


again many many thanks for your very detailed explanation write to us and acknowledged every one in this forum...

Thanks & Regards
 

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1) I do not work for the Government of Canada, so I cannot tell how long it will take for the application to be considered. Since your friend has a refusal on his record, it will likely take longer for the new application to be processed than it will take to process an application from someone without a refusal on their record; the visa section at the High Commission will likely want to investigate the previous refusal and double and triple check that the deficiencies in the original application have been resolved, and such inquiries take extra time.

Again, I do not work for the Government of Canada nor do I know what their standard of practice is but, given that I am familiar with the procedures of the UK government in regards to this type of scenario (applicant's visa has been refused and subsequent applications take longer to be adjudicated etc), I should think that the Canadian government will want to investigate in a similar fashion.


2) Not likely. They have made their decision based on the facts given to them - your friend did not have a job in Sri Lanka to return to at the time the decision had been made, so the High Commission did not feel that your friend presented strong enough ties to Sri Lanka that would compel him to leave at the end of his visa - again, his wife is here in Canada on a Student Visa, his brother is here and living in Toronto and he had no job in Sri Lanka - all compelling reasons for your friend to abscond and remain in Canada - the new job offer letter that he possessed doesn't carry much weight as it is just an offer of employment that had not been formally accepted and nothing more; also, as stated earlier, even if the GoC were to believe that your friend had indeed accepted that job and was considered to be an employee of the new company, they (GoC) would question how your friend would be able to convince his new employer to give him time off of work when he was just newly hired.


3) It is likely going to take longer than 2 weeks for the new application to be processed and there is no "rush" service available that I know of - even for Canadians, there is no rush service available for passport/consular services except in extreme circumstances and even then, it is on a case-by-case basis; even if there was an ordinary rush service for foreign nationals, I would not think that your friend would be eligible by virtue of having such a recent refusal on his record.

According to the Government of Canada website, visitor visas from Sri Lanka are taking approximately 26 (business) days to process, not including the time it takes to get the application from the VAC and the visa processing office.

It is unfortunate that your friend chose to resign his job before he received his visa and now finds himself stuck in Sri Lanka. Until he can prove to the GoC's satisfaction that he has strong ties to Sri Lanka, he will be barred from entering Canada under a Visitor's Visa.
 
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4) I cannot tell you what sort of effect your friend's proposed letter will be to future applications, but I can tell you that it will not change the outcome of the recently cancelled visa.

Your friend was correctly refused a visa based upon the information that they had at the time the decision was rendered and no amount of explanation/appeal on his part is likely to change this.

If your friend can remedy this current deficiency (i.e. prove that he has strong ties to Sri Lanka that would compel him to return at the end of his visa) and the rest of his application remains sound, there is no reason why your friend shouldn't be able to have a future visa application approved.
 
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