Visitor visa for niece and brother in law

[reachmenow]

Hi guys

need some guidance on how to proceed with visitor visa for my niece and brother in law
Question I have
1) shall I file myself a third time for my niece or pick a lawyer Bellisimo?
2) do I file for both brother in law and niece together or not?

appreciate your feedback and any personal experiences

some details below
Host Family Background:
My brother in law and nice would like to apply for a visitor visa to visit family in canada to visit us in summer/winter vacations 2024.
In our family we have our mother ,3 brothers and a sister.
3 of us brothers and mother are settled in canada, sisters family is settled in india. we are canadian citizens/permanent residents(mother).
I (host) own a home in vancouver and employed as a project manager in IT company with stable income.
My wife is a teacher in school district. we have 2 kids.
All of our family has legally immigrated to Canada so no one has abused visitor visa to claim refugee etc.
Me and my brothers immigrated via FSW program. Me in 2008, brothers in 2016. Wife in 2015, mother in 2016.
i sponsored my wife and mother to canada.
All of us are citizens except mother who is a PR.

Applicant Family details:
My sister works in an IT company as Data scientist and makes around around 25000 CAD in india.
She has been working in this company for 3 years and previously worked for other companies consistently for 7-8 years.
She is also enrolled in a masters program to further her studies.
My niece is a Grade 8 student.
My brother in law owns a construction company in partnership with his brother and they build apartments. He is currently constructing an apartment complex in a multi year
contract ( 3 buildings, contract of 2.5 Million Dollars)

Previous application to Canada
During sisters and nieces last attempt to apply visitor visa in 2019 their application was refused twice.
During second refusal we requested reconsinderation via MP and sisters application was then approved however they still denied my niece application saying pull towards Canada will be strong if both go considering applicants family members are settled in Canada.

Reasons for visit:
Family.
my sister is the only family member in india and likes to visit along with her family.
My niece paternal granparents passed during covid so she has only her maternal grandmother left who lives in Canada
she is also healthwise having ailments like arthritis, osteoporosis, asthma, bp so cant travel often to india and is 70 years old so my sisters family would like to visit and see her and also tour canada.
my niece wants to visit her uncles and her nephews who live here in Canada.

Financials:
My sister has about 20K CAD in savings consistently saved over last 2 years. My brother in law has fixed deposits of 10k CAD and 5k CAD
in savings account however there is lot of fluidity in his money transactions due to the nature of business where he has to often invest all his savings
for construction projects as he awaits payment from parties so consistent savings in savings account are not there but his company recieves funds as per the contract upon completion of portions of building so income generation can be shown.
My brother in law owns ancestral properties (farms) worth about 500k CAD and has an asset statement to support it.
He has shares worth 7000 dollars as well.

Travel history
My sister has since visited Canada once for 2 weeks and returned in January 2024.
She has previously travelled to Europe (Germany and Turkey) in 2008.
Brother in law has travelled twice to thailand before.
Niece hasn't travelled outside.

Previous Refusals:
Only Niece has 2 refusals.
brother in law no refusals
sister has one refusal and second app for canada got approved on reconsideration.

Concerns:

Brother in law doesnt have employment and operates his business. does not have stready savings to show. This along with nieces previous refusals are a key concern where we would like to get guidance and make a strong application.
I am worried that Chinook system may auto refuse application.

 

[canuck78]

Hi guys

need some guidance on how to proceed with visitor visa for my niece and brother in law
Question I have
1) shall I file myself a third time for my niece or pick a lawyer Bellisimo?
2) do I file for both brother in law and niece together or not?

appreciate your feedback and any personal experiences

some details below
Host Family Background:
My brother in law and nice would like to apply for a visitor visa to visit family in canada to visit us in summer/winter vacations 2024.
In our family we have our mother ,3 brothers and a sister.
3 of us brothers and mother are settled in canada, sisters family is settled in india. we are canadian citizens/permanent residents(mother).
I (host) own a home in vancouver and employed as a project manager in IT company with stable income.
My wife is a teacher in school district. we have 2 kids.
All of our family has legally immigrated to Canada so no one has abused visitor visa to claim refugee etc.
Me and my brothers immigrated via FSW program. Me in 2008, brothers in 2016. Wife in 2015, mother in 2016.
i sponsored my wife and mother to canada.
All of us are citizens except mother who is a PR.

Applicant Family details:
My sister works in an IT company as Data scientist and makes around around 25000 CAD in india.
She has been working in this company for 3 years and previously worked for other companies consistently for 7-8 years.
She is also enrolled in a masters program to further her studies.
My niece is a Grade 8 student.
My brother in law owns a construction company in partnership with his brother and they build apartments. He is currently constructing an apartment complex in a multi year
contract ( 3 buildings, contract of 2.5 Million Dollars)

Previous application to Canada
During sisters and nieces last attempt to apply visitor visa in 2019 their application was refused twice.
During second refusal we requested reconsinderation via MP and sisters application was then approved however they still denied my niece application saying pull towards Canada will be strong if both go considering applicants family members are settled in Canada.

Reasons for visit:
Family.
my sister is the only family member in india and likes to visit along with her family.
My niece paternal granparents passed during covid so she has only her maternal grandmother left who lives in Canada
she is also healthwise having ailments like arthritis, osteoporosis, asthma, bp so cant travel often to india and is 70 years old so my sisters family would like to visit and see her and also tour canada.
my niece wants to visit her uncles and her nephews who live here in Canada.

Financials:
My sister has about 20K CAD in savings consistently saved over last 2 years. My brother in law has fixed deposits of 10k CAD and 5k CAD
in savings account however there is lot of fluidity in his money transactions due to the nature of business where he has to often invest all his savings
for construction projects as he awaits payment from parties so consistent savings in savings account are not there but his company recieves funds as per the contract upon completion of portions of building so income generation can be shown.
My brother in law owns ancestral properties (farms) worth about 500k CAD and has an asset statement to support it.
He has shares worth 7000 dollars as well.

Travel history
My sister has since visited Canada once for 2 weeks and returned in January 2024.
She has previously travelled to Europe (Germany and Turkey) in 2008.
Brother in law has travelled twice to thailand before.
Niece hasn't travelled outside.

Previous Refusals:
Only Niece has 2 refusals.
brother in law no refusals
sister has one refusal and second app for canada got approved on reconsideration.

Concerns:

Brother in law doesnt have employment and operates his business. does not have stready savings to show. This along with nieces previous refusals are a key concern where we would like to get guidance and make a strong application.
I am worried that Chinook system may auto refuse application.

The major issue is that your sister has no family India and minimal ties for her husband especially no parents. You sister already has a TRV. Your sister got the TRV because she had her daughter and husband as ties. They do not have sufficient savings to come for the summer and winter since you can only count your sister’s savings as liquid personal savings. Your brother-in-law seems to have a mix of personal and business savings in his account so that wouldn’t count. A law firm can not overcome these issues. If your priority is for your niece to visit her grandmother I would limit application to only your niece and apply for one visit. Your niece is old enough to travel on her own on a direct flight to Vancouver. She may qualify for an unaccompanied minor program depending on the airline if you are concerned she may not be able to figure out how to get to the gate. After multiple visits from your sister and niece you can attempt to apply for your brother-in-law’s TRV.

There are a variety of reasons to justify denying TRVs to the whole family. All your sister’s family are in Canada and parental grandparents are deceased, 2 brother immigrated fairly recently, your sister’s family doesn’t have significant personal savings in order to justify travel for multiple people and two trips, you sister’s family have no recent travel history, etc.

 

[reachmenow]

The major issue is that your sister has no family India and minimal ties for her husband especially no parents. You sister already has a TRV. Your sister got the TRV because she had her daughter and husband as ties. They do not have sufficient savings to come for the summer and winter since you can only count your sister’s savings as liquid personal savings. Your brother-in-law seems to have a mix of personal and business savings in his account so that wouldn’t count. A law firm can not overcome these issues. If your priority is for your niece to visit her grandmother I would limit application to only your niece and apply for one visit. Your niece is old enough to travel on her own on a direct flight to Vancouver. She may qualify for an unaccompanied minor program depending on the airline if you are concerned she may not be able to figure out how to get to the gate. After multiple visits from your sister and niece you can attempt to apply for your brother-in-law’s TRV.

There are a variety of reasons to justify denying TRVs to the whole family. All your sister’s family are in Canada and parental grandparents are deceased, 2 brother immigrated fairly recently, your sister’s family doesn’t have significant personal savings in order to justify travel for multiple people and two trips, you sister’s family have no recent travel history, etc.

thanks a lot Canuck78
appreciate the input, very helpful

 

[reachmenow]

The major issue is that your sister has no family India and minimal ties for her husband especially no parents. You sister already has a TRV. Your sister got the TRV because she had her daughter and husband as ties. They do not have sufficient savings to come for the summer and winter since you can only count your sister’s savings as liquid personal savings. Your brother-in-law seems to have a mix of personal and business savings in his account so that wouldn’t count. A law firm can not overcome these issues. If your priority is for your niece to visit her grandmother I would limit application to only your niece and apply for one visit. Your niece is old enough to travel on her own on a direct flight to Vancouver. She may qualify for an unaccompanied minor program depending on the airline if you are concerned she may not be able to figure out how to get to the gate. After multiple visits from your sister and niece you can attempt to apply for your brother-in-law’s TRV.

There are a variety of reasons to justify denying TRVs to the whole family. All your sister’s family are in Canada and parental grandparents are deceased, 2 brother immigrated fairly recently, your sister’s family doesn’t have significant personal savings in order to justify travel for multiple people and two trips, you sister’s family have no recent travel history, etc.

@canuck78 - couple of question
1. What’s your view about chinook rejecting file? If I file by myself for niece that’s what I worry about
2. If I file alone for niece and show that she will travel as an unaccompanied minor, will the visa officer buy that argument?
Their last note was if visa is granted to both mother and daughter then they have strong pull to canada
3. Sister has 20k in savings by herself, she will be staying with me anyway so it’s the ticket cost alone will even she and daughter travelled would be 4K. Do you think I can mention that they both will come which is the fact anyway ? My sister visited in December and went back and paid for her tickets. Don’t know if this helps countering the pull argument. Might generate a doubt why husband is staying back for which I can argue he is constructing apartment building

let me know

 

[canuck78]

@canuck78 - couple of question
1. What’s your view about chinook rejecting file? If I file by myself for niece that’s what I worry about
2. If I file alone for niece and show that she will travel as an unaccompanied minor, will the visa officer buy that argument?
Their last note was if visa is granted to both mother and daughter then they have strong pull to canada
3. Sister has 20k in savings by herself, she will be staying with me anyway so it’s the ticket cost alone will even she and daughter travelled would be 4K. Do you think I can mention that they both will come which is the fact anyway ? My sister visited in December and went back and paid for her tickets. Don’t know if this helps countering the pull argument. Might generate a doubt why husband is staying back for which I can argue he is constructing apartment building

let me know

1. Chinook can make errors by approving people who shouldn’t and denying others but there are good why your family got refused so don’t believe there has been an error in your case
2. If your niece plans to travel with her mother do not lie about that. Based on your post it appeared as though your BIL and niece were the only ones planning on travelling during the summer. If that is not the case you shouldn’t lie it will only lead to more problems. There is still a better chance of your niece being approved if only traveling with her mother and not her mother and father. You can highlight the fact that the mother visited in December and returned home but would like for her daughter to accompany her on the next visit. The fact that be ily recently returned from that visit is slightly problematic. I would have waited before having tallied again for TRVs so soon after your sister returned home. Attempting to apply many times for TRVs shows a level of desperation will also lead to concerns about the intention behind the application so would be cautious about how many times you apply.
3. Even though she is staying with you she must show that she can cover the costs of the whole travel because there are situations where families argue and are no longer able to stay for free at the family’s home. Even if your sister is just paying for the cost of flights and miscellaneous expenses when traveling that is still a significant amount of her savings if the family travels to Canada twice a year. If all three members travelled to Canada twice this year that could easily be close to 10k which would be considered too much of her savings for just travel.

 

[reachmenow]

1. Chinook can make errors by approving people who shouldn’t and denying others but there are good why your family got refused so don’t believe there has been an error in your case
2. If your niece plans to travel with her mother do not lie about that. Based on your post it appeared as though your BIL and niece were the only ones planning on travelling during the summer. If that is not the case you shouldn’t lie it will only lead to more problems. There is still a better chance of your niece being approved if only traveling with her mother and not her mother and father. You can highlight the fact that the mother visited in December and returned home but would like for her daughter to accompany her on the next visit. The fact that be ily recently returned from that visit is slightly problematic. I would have waited before having tallied again for TRVs so soon after your sister returned home. Attempting to apply many times for TRVs shows a level of desperation will also lead to concerns about the intention behind the application so would be cautious about how many times you apply.
3. Even though she is staying with you she must show that she can cover the costs of the whole travel because there are situations where families argue and are no longer able to stay for free at the family’s home. Even if your sister is just paying for the cost of flights and miscellaneous expenses when traveling that is still a significant amount of her savings if the family travels to Canada twice a year. If all three members travelled to Canada twice this year that could easily be close to 10k which would be considered too much of her savings for just travel.

thanks Canuk78, appreciate the feedback.
just to clarify the last time niece visa refusal was in 2019 so almost 5 years ago so havent recently filed for her.