Regulation 179(b) Explained

Regulation 179(b) Explained

The Immigration and Refugee Protection Regulations (IRPR) contain Regulation 179(b) which addresses the need for a Temporary Resident Visa (TRV) applicant to provide proof of their intention to depart Canada at the conclusion of their approved stay. Based on this rule, a visa officer may reject an application if they have doubts about the applicant’s propensity to overstay their visa.

Unclear Intent to Return:

Uncertain Intent to Return: The immigration officer can be unsure if you really intend to depart Canada. Your visa application may be rejected if it is unclear when you plan to return home.

Weak Ties to Home Country

To persuade the officer that you will return after your stay, you must demonstrate strong ties to your home country, such as a secure job, a family, or property.

Past Immigration Violations

If you have a history of overstaying or breaking the terms of your previous visa, it may raise questions about your commitment to adhering to the regulations.

Unclear Purpose of Visit

It may be a sign that you intend to overstay if your visit’s purpose is unclear or does not justify the length of your stay.

How to Address a Refusal Based on Regulation 179(b)

Give Proof of Your Connections to Your Home Country:

  1. Employment: Provide an employer letter attesting to your position, pay, and anticipated return date.
  2. Family: To demonstrate ties to the family, use records such birth or marriage certificates.
  3. Property: Present documentation of leasing agreements or ownership of the property.
  4. Community Involvement: Showcase your participation in associations or events in your community.

Display Detailed Routes

  1. Airline Ticket: Include a return ticket and a comprehensive itinerary that includes the dates of your trip.
  2. Accommodations: Confirm your accommodations in Canada and make a reservation for your return trip.

Show That You Are Financially Stable

  1. Strong Bank Statement: Present current bank statements that attest to your ability to pay for your visit and return.
  2. Financial Support: If you are traveling with someone else paying for it, make sure you get a notarized letter of support and their evidence of steady income.

Examine Historical Immigration Concerns

  1. Write a letter of explanation if you have overstayed in the past, outlining the situation and outlining your approach to resolving any problems.
  2. Evidence of Conformance: Demonstrate your compliance with immigration regulations in the past.

Clarify the Purpose of Your Visit

  1. Purpose Statement: Provide a clear explanation of why you are visiting and why it is temporary.
  2. Supporting Documents: Include documents that support your visit’s purpose, like invitation letters or event tickets.

To overcome a TRV refusal under Regulation 179(b), you need to convincingly demonstrate your intent to return to your home country after your visit. By presenting strong evidence of your ties, clear travel plans, and addressing any past issues, you can improve your chances of a successful application. If necessary, professional advice can further strengthen your case.