Dear Mr Brown: My sister is a citizen of Canada. She was not feeling well after the birth of her son and was eventually committed to a hospital. I would like to go to Toronto for a while to take care of nephew (my sister’s child). I do have a family in Jamaica, but I would like to assist my sister’s family. Will they give me a visa?
— MH
Dear MH:
A visa officer has the discretion to grant a temporary resident visa. Under the circumstance that you described, your visa application would likely be denied on the basis that a visa officer may not be satisfied you would leave Canada at the end of your stay.
Authorised period of stay
Under Canadian immigration laws, there is an obligation of temporary resident visa applicants to establish, amongst other things, that they will leave Canada by the end of the period authorised for their stay.
Potential concerns
Every application for temporary residence includes an analysis of:
• The purpose of the trip; • The duration of the trip;
• The extent of family ties in Canada;
• Ties to the country of residence;
• The means of financial support;
• Whether an applicant intends to remain in Canada to study and/or work; and
• The prior travel history of the applicant.
You may be able to show documentary evidence regarding your stated purpose of the trip, which would include the expected duration of your stay, that would have to adhere to the constraints of a visitor’s visa.
I have no information regarding your travel history.
However, although your altruistic motives in assisting your sister by caring for her child are noble, your employment prospects in Jamaica, family ties in Jamaica, your travel history, your personal assets and financial status will be relevant in determining whether to grant your visa request.
For example, there would be concern regarding your employment status and means of financial support if you are unemployed in Jamaica, or resign from your position of employment since you will not be able to work in Canada on a temporary resident visa. Other concerns may include your family ties to Jamaica and the period that you would expect to remain in Canada for your intended purpose of caring for your nephew. You may have some family ties in Jamaica.
However, you would have to establish a compelling argument regarding your willingness to leave your family for what seems to be an extended period of stay in Canada to demonstrate that you would return to your family in Jamaica. In any case, I would advise you to place focus on establishing the likelihood of your return to Jamaica and the relevant considerations, rather than on the stated purpose of your trip. For further information visit jamaica2canada.com.
Antonn Brown, BA, (Hons), LLB, MSc, RCIC, is an immigration counsel, education agent and managing director 8 JAMAICA2CANADA.COM — a Canadian immigration & education firm in Kingston. Send questions/comments to jamaica2canada@gmail.com
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The stated
purpose of your
trip is noble, but...
