Welcome To Canada Immigration Appeal & Spousal Sponsorship Lawyer

Contact time

Mon-Sat: 9.00-18.00

Assessing Family Ties and Country of Residence in Canada

October 7, 2021BY Dale Carroll

When you apply for certain Canadian immigration benefits you must prove that you have strong ties to your home country. This requirement usually applies when applying for a visa that is meant to be temporary. Immigration officials want to know that you eventually plan on returning home and are likely to do so within the proper period of time. 

Here’s everything you need to know about helping immigration officials gain a favorable impression of your ties to your country of origin. 

Which visa types require you to show family ties or strong ties to your home country?

Any temporary visa may prompt an immigration officer to ask questions about family ties. The purpose of these questions is to determine whether applicants intend to remain in Canada illegally instead of leaving Canada at the end of their temporarily authorized stay. The family ties requirement lets immigration officers know that you have good motivations to return home after your visit. 

Temporary visas include work permits, visitor visas, and study permits. 

The most common visa type requiring strong family ties is the Canadian study visa. A lack of strong family ties in the country of origin is one of the most common reasons for study visa refusal. 

How do you show strong ties to your home country for Canada?

Here are a few ways you can help demonstrate family ties to immigration officers.

  • Provide the names, addresses, and relationships of all family members who continue to reside in your home country.
  • Provide copies of deeds or property tax records for any property you own in your home country.
  • Provide copies of bills or financial obligations that you have from your home country.
  • If you are going to remain employed in your home country while traveling, provide the details of your employment: salary, position, requests for leave.
  • Provide details of any active businesses you own in your home country.
  • Provide details of what you intend to do in your home country when you return. For example in a recent case an Applicant offered a detailed study plan discussing why she wanted to study Human Resources Management in Canada as well as her intention to set up a Human Resources firm in Ghana upon completion of her studies. 
  • Choose educational paths that are in line with the studies and professional skills that you have already begun or used in your home country. 

Another way to help show strong ties is to provide a copy of your return plane ticket or provide proof that you have the means to purchase a return plane ticket when the time comes. 

What if many of your family members are already in Canada?

Having family members who are already working in Canada or studying in Canada should not necessarily preclude you from entering Canada on a temporary visa, though it can complicate your case by making immigration officers more suspicious of your intent.

You will need a great deal of help from a Canadian immigration attorney if you want to use a temporary visa category to come into the country. It may be better to pursue a family-based immigration category. If this is not feasible it is still possible to win your case. We can show that all of your family members are complying with the law, for example. There is a strong body of case law that your immigration attorney can draw upon to show that family members in Canada are not, in and of themselves, reasons to deny a visa application. 

What is a dual intention application?

Sometimes visa applicants have more than one reason for wanting to come to the country. For example, an applicant who intends to study here may eventually want to adjust their status to permanent residency status through one of Canada’s skilled worker programs. They’re not a skilled worker when they apply as a freshman to one of Canada’s colleges or universities but they certainly may be by the time they are done graduating.

The Immigration and Refugee Protection Act states:

“An intention by a foreign national to become a permanent resident does not preclude them from becoming a temporary resident if the officer is satisfied they will leave 

Canada by the end of the period authorized for their stay.” 

It may not be wise to claim dual intent.

Under Canadian immigration law:

“An applicant for a work or study permit who indicates that they have no intention of leaving Canada has demonstrated only a single intent—permanent residence. Their application will be refused, even if the applicant might subsequently qualify for the Canadian experience class (CEC) or Provincial Nominee Program (PNP). This is because the applicant has shown they would not respect the terms and conditions of temporary residence, should they not qualify for permanent residence.” 

In most cases it is better to apply as a student or employee, respect the conditions of your visa, and then either reapply for a new status when you qualify for said status or put in an application to change conditions or adjustment of status application with the help of your Surrey, BC immigration attorney.  Do not attempt a dual intent application without obtaining help from a qualified and experienced Canadian immigration attorney.

Need help applying for a Canadian visa?

Trying to apply for a visa? Dealing with a denied visa? Reach out to the experienced immigration attorneys at Canada Immigration Appeal and Spousal Sponsorship Lawyer. We have helped thousands of people get visas for employment and study and we can help you, too. We’ll help you give your visa application its best chance for success or will fight for your right to work or study here in Canada. 

We have attorneys who speak fluent Punjabi and Mandarin and are prepared to help with any and all visa issues. 

Get started by calling our Surrey office at (604) 394-2777 today.

en_USEnglish