Response from the Canadian Embassy in Havana/Message from the MP office.

Good Afternoon Ms. Gonzalez,

The following is the response that I have received from the Embassy in Havana.  You will note that the 5^th and 6^th paragraphs address your sister’s application.

Sincerely,

Michelle Salt

Constituency Assistant

Office of Stephen Woodworth

Member of Parliament

Kitchener Centre

Phone: 519-741-2001

Fax: 519-579-2404

Dear Sir/ Madam:

This is in reference to your email regarding Mrs.Yamina González Almaguer’s visa refusal.

In general terms, according to the Immigration and Refugee Protection Act of Canada, any person wishing to become a temporary resident of Canada must satisfy a Visa officer that they will leave Canada by the end of the period authorized for their stay, that they will not contravene the conditions of admission and that they do not belong in a category of persons inadmissible to Canada.

In reaching a decision, Visa officers look at many factors during the fact-finding process, which may include:

- the applicant's travel history; (Cubans cannot leave their country at will, if this one is a factor 99% of the Cubans applying for a visitor's visa would NEVER qualify as they have never been outside of their country; my parents had never been outside of Cuba and both visited Canada, their 'travel history' was not a problem.- the reason for travelling to Canada and the applicant's contacts there. (I invited my sister last year to assist me after major surgery (Humanitarian reasons which were ignored) and this time around for a cultural exchange. (Equally ignored)- the applicant's financial means for the trip. The average salary in Cuba equals between 8-14 dollars. Based on this one, Cubans should NEVER get a visa, my sister's salary is 880.00 Cuban pesos a month, the equivalent of 36.00 dollars a month, but still way above the Cuban average. The first time around I sent (As requested by the embassy) proof that I had enough funds to pay for her expenses while in Canada and this time around the person who invited her advised that he would pay for all her expenses, as requested by both the embassy and the Cuban authorities) The Canadian visa officers in Havana are more than aware that Cubans don't have the means to pay for the expenses that a trip to Canada involves.- the applicant's ties to his or her country of residence, including immigration status, employment and family ties, properties; and (Cubans are not allowed to buy homes, land or even automobiles, my sister lives with my parents in a home she will eventually inherit)- whether the applicant would be likely to leave Canada at the end of their authorized stay. (The present economical/political situation in Cuba makes it absolutely impossible for anybody to determine who will be returning to Cuba after a trip abroad. Cubans leave behind their relatives in the hope to find a way to get them out of Cuba at a later time. The 'assets' that the average Cuban may own -including a home- are not a deterrent for anybody to leave the country. I know people who owed lots of such 'assets' and left the country in a boat, risking their lives. The highest salary allowed by law in the country is ridiculously low compared to that of the humblest Canadian laborer, this is something that shouldn't even be taken into account in the case of Cuba. A quarter of a million Cubans have left the country in the last few years, at a rate that is getting close to 40 000 a year.

Please note that these objective factors are the same for all applicants, regardless of who they are and where they apply. Not true, I know about relatives of friends who met all these requirements and were denied a visa. We can not discriminate for or against applicants based on their country of origin. (Not true in the case of Cuba as it is obvious in this letter)  I realize this is a highly emotional issue, especially when dealing with family visits so can understand the feelings of your constituent. However, and with no disrespect to your constituent, nobody has a right to visit another country (I never said so, I said that, as a Canadian citizen, I have the right to be visited by my relatives in my adoptive land) - each country has their own standards and requirements when deciding who to admit. (I agree, only that the 'standards' and 'requirements' used in the case of Cubans seem to be absolutely arbitrary.) For the particular application in question, according to the documentation provided,  the applicant requested a Temporary Resident visa for cultural exchange and to visit Pulso Media Group Inc. and not  in fact to visit her sister on vacation.   If this was the true purpose of the visit (It was) it should have been noted on the application. (I invited my sister last year and she was refused a visa for the alleged same reasons)

In addition, the applicant has no travel history, no spouse, no children (ie limited family ties) (This one is new, my sister was not even notified that the absence of a husband/children was a factor in the denial of the visa. should she get married in order to apply successfully?) , limited employment ties, (Not true, my sister has a full time position as a music teacher in a conservatory and a part time position in another, she provided letters from her employers) no evidence of employment income ( Not true. My sister has a monthly salary of 450.00 at her full time job and 430.00 at her part time for a grand total of 880.00, the average monthly salary in Cuba ranges between 250-300.00. She provided the embassy with  letters from her employers in which her salary was clearly stated) and no declared properties /assets.

The onus is on applicants to show that their intentions are genuine. (Who can tell in the case of Cuba?) Their personal situation in their country of origin remains the essential aspect of the visa application assessment. (Unrealistic) If the Canadian officer is not satisfied with the temporary nature of the visit to Canada, that officer is obliged by law to refuse the application. If someone is refused, it is nearly always for this reason. (Nearly always? What are the exceptions?) Once a decision is made, the file is closed.  If the applicant feels that he or she has additional information, (Not sure what this means, if they don't even take into account the information provided) they may submit a new application and pay a new processing fee. (75.00 CDN, do the math, 26 Cuban pesos are equivalent to a dollar, average monthly salary 250-300.00 pesos, I remember the times when Cubans were allowed to pay in Cuban pesos at the embassy, the prices were affordable then, hard to find the word to describe the 'twist'),   Whenever possible, a different visa officer will examine the application. Information from any previous applications will be used as reference for the new one. (What's the point of using a different visa officer then?) However, if the applicant's personal situation has not substantively changed since the last application, there is little reason to expect a different decision. (Define 'substantively')
Best regards,

(No signature provided)

*The Ministry refused to discuss my sister's file with me on the grounds that, legally, she needed to give me authorization to do so. The embassy didn't seem to care...are they breaking the law?

____________

My response

Thank you Michelle,

Now that this step has been taken I would like to have an interview with Mr. Woodworth. Please let me know when this is possible. I am available any day until 2:30pm. I would also like to know who responded to you from the Canadian Embassy in Havana.

Best regards,

Lucia Gonzalez

_____________

MP's office response

 

Hi Lucia,

I will check with Mr. Woodworth as to a convenient time for an appointment although it will not be until later in the month as he will be out of the country as a Canadian Delegate with the NATO Parliamentary Association.

Unfortunately, I am not a liberty to give you my contact name at the Embassy. (???)

I will be in touch once I have some date for a possible meeting.

Regards,

Michelle