Super Visa - Question - Plz answer

[pras_tcs]

Hi All,
I am a PR. I applied visitor Visa for my Mother in law last year (Jan 2018) and got refusal. so this time I am planning to Apply for the "Super Visa"

MIL : She is about 52 years old. She has couple of properties in India ( one of the property is a Agriculture Land) . She has a Bank Balance of around $18000 CAD maintained for more than 4 months now. She is not employed in India and doesn't have a travel history

Documents I am planning to produce for her India ties and that she is only a visitor but will return back eventually to home country:

1) Her property documents plus the property receipts and recent bills paid . Her Bank statements.

2) My father in law suffers from Arthritis. He has to visit the Hospital once in every 3 months. So I am planning to get a medical certificate to highlight his medical condition. saying that my MIL will return back to India to look after him as he needs constant care and attention

3) My MIL Agriculture land has been leased for 1 year. When the lease period expires, she has to return to India to take care of the Lease ending /Extension formalities


My Question: The documents mentioned in point 2 and 3, Are they good enough to establish her Home country ties and that she is only a temporary visitor but will return back to India eventually?? Please reply

 

[Bryanna]

Hi All,
I am a PR. I applied visitor Visa for my Mother in law last year (Jan 2018) and got refusal. so this time I am planning to Apply for the "Super Visa"

MIL : She is about 52 years old. She has couple of properties in India ( one of the property is a Agriculture Land) . She has a Bank Balance of around $18000 CAD maintained for more than 4 months now. She is not employed in India and doesn't have a travel history

1. Was the CAD 18,000 earned by her + taxes paid (or exempt from paying taxes?) + it matches her declared sources of income?

2. Is she involved in the active management of the agricultural land?

3. Does she have any loans or mortgages?

Documents I am planning to produce for her India ties and that she is only a visitor but will return back eventually to home country:

1) Her property documents plus the property receipts and recent bills paid . Her Bank statements.

Are the properties legally registered in her name i.e. owned by her?

Similar questions for her bank balance? Are the funds in her bank account earned by her?

2) My father in law suffers from Arthritis. He has to visit the Hospital once in every 3 months. So I am planning to get a medical certificate to highlight his medical condition. saying that my MIL will return back to India to look after him as he needs constant care and attention

In this case, how can your MIL prove that she needs a super visa stay of at least 1 year minimum to 2 years when your FIL is dependent on her?

Unless his arthritis has made him totally physically dependent for his everyday needs on your MIL i.e. his arthritis is debilitating and painful, him being an arthritic is not a reason for your MIL to return to India.

3) My MIL Agriculture land has been leased for 1 year. When the lease period expires, she has to return to India to take care of the Lease ending /Extension formalities

1. Lease agreement or is it a verbal understanding?

2. If it is a lease agreement, has it been registered and stamp duty paid to make the agreement legally enforceable?


What were the reasons for her TRV refusal?

 

[pras_tcs]

Hi Bryanna,
Thanks a lot for you reply. Here are the answers from my side. Can you please check and respond back.

1. Was the CAD 18,000 earned by her + taxes paid (or exempt from paying taxes?) + it matches her declared sources of income?

[pras_tcs]: Portion of the funds was earned by her by selling one of her property in India, but she does not have any income proof for this.
Remaining funds were given to her by her daughter (my wife) last year.

2. Is she involved in the active management of the agricultural land?
[pras_tcs]: She is not actively managing her agricultural land

3. Does she have any loans or mortgages?
[pras_tcs]: No she does not have any Mortgages

4. Are the properties legally registered in her name i.e. owned by her?
Similar questions for her bank balance? Are the funds in her bank account earned by her?

[pras_tcs]: yes the properties are legally registered under her name. The bank funds are also under her name.

5. In this case, how can your MIL prove that she needs a super visa stay of at least 1 year minimum to 2 years when your FIL is dependent on her?
Unless his arthritis has made him totally physically dependent for his everyday needs on your MIL i.e. his arthritis is debilitating and painful, him being an arthritic is not a reason for your MIL to return to India.

[pras_tcs]: When my MIL comes here to Canada, their daughter in law is there to take care of my FIL for the meantime. I am planning to mention this as an temporary arrangement. In the long run( after 10 months time), eventually my MIL has to return back to care of my FIL

6. Lease agreement or is it a verbal understanding?
If it is a lease agreement, has it been registered and stamp duty paid to make the agreement legally enforceable?

[pras_tcs]: It is a verbal understanding. I am planning to mention this in the cover letter.
Is that not enough? Should I produce the Lease Agreement ?

7. What were the reasons for her TRV refusal?
[pras_tcs]: The refusal reason was as below,

"Considering economic conditions and employment prospects in home country , taking in to account factors including travel history, economic establishment and family ties , i am not satisfied that the applicant would respect the terms of admission as temporary resident. Hence Refused"

 

[kprs_ind]

You should have added travel itinerary or tickets to the application to add more weightage in your TRV along with travel medical insurance to show that the expenses will be covered. It adds value as it worked when I applied for my spouse.

For Super Visa, it will be a different story along with above documents. Here it will be 1 year coverage which is part of the eligibility.

To show ties, I believe you should show more funds back home and proof to show active managment of agriculture land will add value as she will be the person who will be taking care of it.

Produce a lease letter also as it will be a registered document with her name.