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Need experts to explain and tell me if this is fair!

Need experts to explain and tell me if this is fair!

Old May 11th 2005, 2:09 pm
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Default Need experts to explain and tell me if this is fair!

Our friend, applying for skilled visa, was refused because one child was diagnosed as autistic. That itself may not be surprising. However, what surprises my friend is in their rejection letter, they were told that if they apply for a tourist visa to Canada, their autistic child will be refused and will not be allowed to enter. Now why is that? My friend feels that they are being accused of planning to enter Canada illegally. Before they used to have a positive view of Canada. Now they absolutely hate it and promised never to visit the place.
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Old May 11th 2005, 2:44 pm
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Default Re: Need experts to explain and tell me if this is fair!

Originally Posted by alton
Our friend, applying for skilled visa, was refused because one child was diagnosed as autistic. That itself may not be surprising. However, what surprises my friend is in their rejection letter, they were told that if they apply for a tourist visa to Canada, their autistic child will be refused and will not be allowed to enter. Now why is that? My friend feels that they are being accused of planning to enter Canada illegally. Before they used to have a positive view of Canada. Now they absolutely hate it and promised never to visit the place.

It is not uncommon for those who have been refused a PR application to find it harder to obtain a tourist visa.


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Old May 11th 2005, 2:45 pm
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Default Re: Need experts to explain and tell me if this is fair!

It has nothing to do with fairness. It is the law which requires visa post to refuse non-immigrant visa to any applicant that is a potential immigrant and/or cannot prove that he or she will be a genuine temporary visitor. Fact that your friend's PR visa was refused makes things more difficult for him. But visa post offered him an option to issue visitor visa, with exception of his child. This way if he wants to be a genuine visitor he can come and visa post may have some sort of assurance that he will return home to his child.


Originally Posted by alton
Our friend, applying for skilled visa, was refused because one child was diagnosed as autistic. That itself may not be surprising. However, what surprises my friend is in their rejection letter, they were told that if they apply for a tourist visa to Canada, their autistic child will be refused and will not be allowed to enter. Now why is that? My friend feels that they are being accused of planning to enter Canada illegally. Before they used to have a positive view of Canada. Now they absolutely hate it and promised never to visit the place.
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Old May 11th 2005, 3:55 pm
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Default Re: Need experts to explain and tell me if this is fair!

Originally Posted by Andrew Miller
It has nothing to do with fairness. It is the law which requires visa post to refuse non-immigrant visa to any applicant that is a potential immigrant and/or cannot prove that he or she will be a genuine temporary visitor. Fact that your friend's PR visa was refused makes things more difficult for him.
But shouldn't it be the opposite? The fact that they are willing to give CIC personal information, honestly declaring their intention to migrate, and voluntarily informing the doctors about the condition of their child should be seen as an act of good faith.

But visa post offered him an option to issue visitor visa, with exception of his child. This way if he wants to be a genuine visitor he can come and visa post may have some sort of assurance that he will return home to his child.
I think by singling out the child, CIC is being insensitive. How could CIC expect this family to leave this child behind while the rest would go for a vaction trip to Canada?
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Old May 11th 2005, 4:52 pm
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Default Re: Need experts to explain and tell me if this is fair!

Again - CIC is giving him opportunity to visit Canada if he really wants or needs to. But without the child.

"Good faith" has also nothing to do here - it is applicant's obligation to disclose all facts that may be a factor in making decision to approve or refuse PR visa. Omission of information is as bad as a lie, misrepresentation or fraud. Many are deported from Canada even after they already became citizens once it is discovered that they decided not to disclose material fact during PR application process.

Sorry, but it is the law and fact that CIC is offering visitor visa anyway (except for the child) indicates quite a generosity on CIC's part and kind of a serious risk taking as there are examples of many who abandoned their children in home countries while illegally remaining in Canada or US, hoping that sooner or later they will find a loophole to bring children in.

Originally Posted by alton
But shouldn't it be the opposite? The fact that they are willing to give CIC personal information, honestly declaring their intention to migrate, and voluntarily informing the doctors about the condition of their child should be seen as an act of good faith.



I think by singling out the child, CIC is being insensitive. How could CIC expect this family to leave this child behind while the rest would go for a vaction trip to Canada?
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