TRV for mother in law - re-apply after rejection

[kjp1981]

Hello Friends, I am a long time reader of this forum and your posts have helped me a lot in the past, thank you for that.

I have an issue with the TRV for my mother-in-law. Both me and my wife are in Canada on work permits. My wife gave birth this year and we would like to invite my mother in law to stay with us for a couple of months to help my wife. I applied for her TRV in March 2014, but it got rejected with the following reasons.

Not satisfied that you will leave Canada at the end of your stay due to the following factors:
1 - Your travel history
2 - Your family ties in Canada and country of residence
3 - Your personal assets and financial status


Now, there is nothing that we can do about #1, as this would be her first trip outside of India.
For family ties in Canada, we submitted an invitation letter from my wife stating that she would like to invite her mother to stay with her for few weeks, and that we would provide financial support and shelter during her stay. We also submitted property papers of the house my mother in law is staying in, which shows that the house is in her name and also bank statements (although it only had about ~3000 CAD in it at the time).

My mother-in-law was never employed and does not hold any other property or other significant financial assets.

What additional documents could we provide to prove her ties to India? She has a 30-year old son(my wife's younger brother) who is living with her in the same home, can we submit anything to show this as proof of ties to India?

Also, someone told me that the invitation letter has to be given by someone in Canada who is either a citizen or a PR holder, and since we are on work permit, invitation letter given by us will not be accepted - is this true? I have a cousin in Canada who is a PR holder, will it help if we submit the invitation letter from her?

Will using a consultant or lawyer help in any way? If yes, please suggest any reputable lawyer/consultant that you have worked with before.

We need to re-apply very soon as my wife's maternity leave is about to come to an end and we would like to have my mother-in-law with us before she goes back to work. Any input from you all is much appreciated.

 

[scylla]

I'll help with one question.

For refusal reason #2 - CIC is actually wanting you to prove that your mother has stronger family ties to her home country than she does in Canada. So you want to provide evidence that demonstrates her strong family ties back home.

 

[kjp1981]

Thanks scylla. Can you please tell me what sort of evidence can be submitted to demonstrate this? Will providing details of her family members in India be enough? Any examples of this evidence will be a great help.

 

[Infosec]

Hi KJP,

You don't need a immigration consultant for this service. Can you provide more details,

1. When did you first arrive in Canada ?
2. Are you both working in Canada? and for how long?
3. What is the validity period of your & and your spouse WP?
4. List all documents that you have submitted?
5. Who is the primary invitee.
6. What was the reason that was drafted in the invitation letter?

Regarding the invitation, even the WP holder can provide the letter and the info what you have is incorrect.

 

[kjp1981]

Hi Infosec,

Thank you for taking the time to reply. Below are the answers to your questions, any guidance you can provide is much appreciated.

1. When did you first arrive in Canada ?
Oct-2013
2. Are you both working in Canada? and for how long?
Both of us are working in Canada, my spouse has a closed work permit valid until 2016. I have an spousal open WP with same validity. She is a full time employee and I am self-employed working as a contractor for the same company.
3. What is the validity period of your & and your spouse WP?
Until 2016 July.
4. List all documents that you have submitted?
. Cover letter from my mother-in-law stating the purpose of her visit - to visit her daughter in Canada, be present with my wife during the birth of her first grand-child(my wife was pregnant at the time and due to deliver in couple months) and general sight-seeing. She also stated that she has another son and an extended family staying in India, to support that she has familial ties in India.
. Notarized affidavit from mother-in-law stating the purpose of visit, that she will return to India at the end of her visit etc.
. Bank statement of mother-in-law.
. Property ownership document(original and english translation) of mother-in-law showing that she owns the house she is staying in, in India.
. Application forms - Checklist(IMM5484E), Application(IMM5257E), Family Information(IMM5645E)
. Invitation letter from my wife to invite her mother to stay with us during her visit, stating that she will support her mother's expenses, stay, food, travel expenses etc.
. Work permit copy of my wife.
. Letter of employment of my wife.
. Payslips of my wife.
. Bank statement of my wife.
5. Who is the primary invitee.
My wife.
6. What was the reason that was drafted in the invitation letter?
My wife stated in the invitation letter that she is due to deliver a child in couple months, and would like to have her mother present with her during the birth of her first child, and that her mother has no intention of staying in Canada permanently. Also stated that she would support all expenses of her mother during the stay including food, medical insurance, travel expenses etc.

PS:
One more thing - in the application we had requested the intended period of stay in Canada as 2 months.
After reading this forum I understood that this was a mistake, and that we should ask for 2 or 3 weeks only. When we re-apply we will request only 2 weeks of stay.

 

[Infosec]

Hi KJP,

Probable few red flags for rejection

"to visit her daughter in Canada, be present with my wife during the birth of her first grand-child(my wife was pregnant at the time and due to deliver in couple months)" - Don't mention this in the invitation letter - CIC look this differently.

Why Primary invitee is only your wife? The invitation letter should be from both of you. You are on spousal open WP which is dependent on your spouse and now your spouse wants to invite her MIL which is now also dependent, How can CIC understand that you are working in Canada until you are part of the application and submit your relevant documents.

What you need to do, ask your MIL to reapply and provide your side of the documents as well (the one listed in Point 4), ensure you both are inviting… and have sufficient bank balance..

You also need to ensure that your MIL’s bank transaction doesn’t contain any immediate movement of funds say 1 week or 2week prior the visa application.