If a relative overstays a visit to Canada, can visa applications for other relatives be refused?

If a relative overstays a visit to Canada, can visa applications for other relatives be refused?

Visitors coming to Canada for tourism, temporary work or temporary study must prove that they will leave Canada at the end of their authorized stay. However, if a person’s relative who visited Canada has not left Canada, is this a reason to refuse a visas to other relatives?

In July of this year, the Federal Court of Canada reviewed the case of Kindie v. The Minister of Citizenship and Immigration. In this case, Ms Kindie applied for a work permit to work at her half-brother’s restaurant in Canada. Ms Kindie’s application was refused and one of the reasons was that her mother previously came to Canada as a visitor and then made a refugee claim.

In this case the judge found that the conduct of Ms Kindie’s mother created in a family history that could be relevant in a decision to refuse Ms Kindie’s application. In his decision, the judge indicated that because Ms Kindie’s the mother was issued a visitor visa and then claimed refugee status on arrival in Canada, the Immigration Officer could reasonably conclude that Ms Kindie would not return to her country of origin. This was despite that fact that Ms Kindie has never been to Canada before.

This decision impacts individuals seeking to enter the country as visitors, tourists, temporary workers or students. The judge’s finding that Immigration Officers can review the conduct of other family members when making their decisions creates a situation that may cause innocent applicants to be refused visas.

As a result, it is important to communicate to people wanting to visit Canada that their conduct could affect future visas of their family members.

It is important to understand that just because one relative overstays in Canada does not mean that all relatives will have their visas refused. While the judge indicated that this is relevant to consider, if an individual is able to prove through other factors that they will leave Canada before the end of their authorized stay, they can still get visas.

This Article is prepared for general information purposes only and is intended to provide comments for readers and friends of the Filipino Journal. The contents should not be viewed as legal advice or opinion.

Reis is a lawyer with Aikins Law and practices in the area of immigration law. His direct line is 957-4640. If you would like to know more about Reis or Aikins you can visit the firm’s web page at www.aikins.com, follow Reis on Twitter at http://twitter.com/#!/ImmigrationReis, or connect with him on LinkedIn at http://www.linkedin.com/in/reispagtakhan