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Introduction

We often get inquiries from visa applicants who have faced the disappointment of a Canadian visa rejection. One of the common reasons quoted by visa officers is, “I am not satisfied that you will leave Canada at the end of your stay, as stipulated in subsection 216(1) of the IRPR, based on your family ties in Canada and in your country of residence.”

So, what does this mean, and more importantly, how can you address this issue in your future applications? In this blog post, we will shed light on these aspects.

Understanding Subsection 216(1) of the IRPR

Subsection 216(1) of the Immigration and Refugee Protection Regulations (IRPR) concerns the requirement for temporary residents (visitors, students, and workers) to leave Canada by the end of the period authorized for their stay. When the visa officer mentions this section, it implies they are not convinced that the applicant will leave Canada when their visa expires.

The Role of Family Ties

Family ties in Canada and in your country of residence play a critical role in your visa application. While strong ties in Canada can increase your inclination to overstay, strong ties in your country of residence can act as a compelling reason for you to return home once your visa expires.

Strengthening Your Visa Application

To increase your chances of visa approval, it is important to effectively demonstrate your intention to return to your home country once your visa expires. This can be achieved by:

  1. Evidence of strong ties to your home country: This can include property, family, employment, or businesses.
  2. Proof of your travel history: If you have previously traveled abroad and returned within the validity of your visa, it shows your compliance with immigration rules.
  3. Evidence of financial stability: This helps convince the officer that you are visiting Canada for the reasons stated in your application and not for economic reasons.

Dealing with Visa Rejection

Getting a visa rejection can be disheartening. But remember, it’s not the end of the road. You can take your visa rejection to the Federal Court for a Judicial Review to remove the refusal from your application history. After which, we ask for another visa to review your file and hopefully this time around you will receive your visa. Take into account the reasons for rejection and work on strengthening your application.

Frequently Asked Questions

Why was my Canadian visa application rejected under subsection 216(1) of the IRPR?

Your visa application was rejected under this subsection because the officer wasn’t convinced that you would leave Canada once your visa expired.

What role do family ties play in the visa application?

Family ties can either work for or against your application. Strong ties in Canada might make the officer think you could overstay your visa, while strong ties in your home country could persuade them of your intention to return.

How can I strengthen my visa application?

To strengthen your application, provide evidence of strong ties to your home country, your travel history, and your financial stability.

Can I apply for a visa again after rejection?

Yes, you can apply for a visa again. Take note of the reasons for rejection and improve your application accordingly.

What is the meaning of “ties to your home country”?

Ties to your home country refer to your connections there, like family, job, property, or businesses.

Can a visa officer reject my application based on presumption?

Yes, a visa officer can reject your application based on their assessment of your intention to leave Canada after your visa expires.

Can I appeal a visa rejection?

You can request a judicial review of your visa decision, but this can be a complex process. It’s advisable to consult with an immigration expert.

What evidence can I provide to show strong ties to my home country?

You can provide property deeds, family certificates, employment letters, business licenses, etc., as evidence.

Does a past visa rejection affect my future applications?

While a past visa rejection does not automatically result in future rejections, it may raise concerns for the officer assessing your application. It’s crucial to address the reasons for past rejections in any future applications.

Can an immigration lawyer help in improving the chances of visa approval?

Yes, an immigration lawyer can help by providing expert guidance, ensuring your application is complete, and advising on how to address potential concerns from visa officers.

Conclusion

While a Canadian visa rejection can be a setback, it’s not the end of your journey. With a thorough understanding of subsection 216(1) of the IRPR, a clear display of your intent to return to your home country, and possibly some professional guidance, your chances of successful future applications can be significantly improved.

If you would like to consult for legal advice, schedule a consultation with us today! Read more throughout our blogs!


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