Death in Family, urgent advise needed, please help!!

[Bluebirdy]

My younger brother (only 39) just passed away and I want to bring my widowed mom to Canada for 6 months. I am Canadian citizen and so is my husband and son.
I don't know where abouts of my elder brother (who is good for nothing) and don't want to know either.
I am of course in India right now and want to take my mom with me same time on visitor visa.

About my mom:
widow, always house wife, no income, never been out of India, dependent on her younger son who now died. Son had limited income so no tax file records whatsoever.
The only asset (property) was on younger son's name and that property (in New Delhi) is based on "parchi" system and not "registered" as you know how real estate works in Delhi.

My question (and this is where I am confused):

Should I simply apply for her visitor visa for grandson/family visit and not telling them anything about current situation (death, and that I'm in India on emergency visa etc etc)? OR

Should I mention death reason and now that she wants to spend some time with her daughter's family in Canada considering current situation? OR

Both above 2 reasons?

(We have also sponsored my husband's parent who are now permanent residents but both are in India at present, just in case).

Would really really appreciate an early replies from all the kind and experienced souls on this forum as we are running out of time (I am on emergency visa and need to return soon and would like to bring my mom to Canada same time).

Thank you very much in advance!
God Bless All!
Bluebirdy

 

[scylla]

I would apply for a regular visitor visa and not mention your brother's death. As you know, to be approved for a visitor visa she will need to convince CIC that she has no plans on remaining in Canada long term. The fact she has no income, assets, travel history or immediate family in India may already create challenges. If you mention your brother's death on top of that, CIC may very well jump to the conclusion that she is trying to come to Canada long-term. Good luck.

 

[Bryanna]

@ Bluebirdy

Please follow Scylla's advice


Thought I'd add a couple of points:
a. Was your brother married and if yes, does his family live with your mom? And other family members who live with your mom (eg. grandparents or grand children)? This can prove her family ties to India for her visa application

b. You're going through a huge personal loss.... as you're in Delhi, would it be possible for you to get the property registered on your mom's name before you leave? This will help prove her property ties for the TRV + your mom won't have to go through difficult situations in the future for establishing property ownership


Hope this helps

 

[Bluebirdy]

Thank you so much.....he was not married.....I just noticed that in the form "Family Info" they ask for all children info.....since they did not ask for "date of death" I think I should mention his name and "deceased". Also, I should mention elders son info and some fake address (not sure sure what to do with that especially if CIC really want to dig they can find info from my application when I applied for immigration for myself and for my husband's parents sponsorship..
Also, it asks for if some one will accompany her? If I say yes (since I am in India and that is the plan to take her with me) won't they doubt that why I am in India?
I am also thinking applying as a "simple straight forward" application for visitor visa without mentioning anything about this tragedy and send all my (and my husband as he is the main source of income) financial info, notarized invitation letter, ticket, bank statement, tax papers, emolument letter etc.
Really appreciate again for your help...any further insight would be greatly appreciated...
Kind regards,
Birdy

 

[Bluebirdy]

Talking about property registration....if we do now wouldn't that cause a doubt? Unless you meant making things easier for later on...
Second, showing his elder son in application should build a family tie...right?
and may be i should give same address as for him too....do they check?

What if they ask how mom is surviving especially with no accounts, job etc? And if we say that she lives with her elder son...can they ask more proof further? Because, first elder son is good for nothing plus we even don't know his whereabouts?
Sorry...too many things going on and putting anything wrong in the application is the last thing I wanna do right now....
Please pray for my mom and younger brother's soul as I cremated him today...
Thank you!

 

[Bryanna]

Hi,

Truly sorry to know about your loss.... may his soul rest in peace.... hope you/your mom find strength and solace in this difficult time.


It's possible that CIC could ask for additional information.... or may/may not cross-check the details you submit now with your own PR application/other sources..... it's difficult to say


As for property, I suggested registering it when you're in Delhi for both the TRV and the future.... I would imagine that your mom will not be able to handle various authorities to get the paperwork sorted later.

Is there any document that shows your mom is a nominee, POA, etc for the property?

Realistically speaking: Unless your mom proves strong ties/reasons to return to India, there is a possibility of a refusal based on the details you've provided.... your/your husband's documents are only supporting documents, whereas the focus will be on the documents that your mom submits.


You must quickly think how you can demonstrate strong ties:
Family that live with her + your mom's extended family + Property + any financial investments on her name/joint name with your late brother (for eg: FDs, PPF, EPF, LIC, etc) + jewelry + any joint bank accounts + any social work/volunteering work that she does, etc

You can also submit a Letter of Financial Support for your mom


I'm not sure what else to suggest or what else might work


Hope your mom gets her TRV

 

[Bluebirdy]

Thanks Bryanna!
If we register property right now will that not cause doubt due yo sudden change of ownership....ironically, property goes automatically to mom if son dies...based on death certificate etc....we put property on his name thinking that mom is old but God had some other plans....can they make out from registration when ownership changed? Because if no date is mentioned on those docs then we can always change registration and show CIC as proof of property as a "tie"...
Also, what If we open new bank account or add money into existing at this point? Will that be negative?

 

[Bryanna]

It's a bit of a tricky situation:
If you are a Hindu then by Intestate Succession.... ie applicable to inheriting the property of a male Hindu without a will..... then the property registration papers (in favor of your mom) will show that your brother is deceased.... this will affect your mom's "family ties" for the TRV application.... so again, you must show other family members as "family ties"


If you open a bank account at this stage then it will not help.... as you must submit the last 6 months' bank statements

For an existing bank account, any recent large deposits must be explained.... especially the source of money

 

[Bluebirdy]

Hello Bryanna!

me again...having hard time consoling mom...anyway...

as per your advise and the info that i have gathered from other sources... this is what i am planning to attach with my file....if you can please send me a pm then i can always send you the copy of it as an attachment (it's in word format)...
I'd appreciate if you can send me a sample draft letter for "letter of invitation".

For the reason of travel/visit.....and for the "letter of invitation"...this is what i have decided to include....(unless you have a better "sample" letter):

I will NOT mention anything about son's death.
The letter will be a simple, straight forward, without much fancy words (or notarized as i was thinking before) stating that I would like to invite my mother to visit us and her grandson. Something on that track with info like.....we will take full responsibility for boarding, lodging, heath care etc etc...and together will travel to different places in Canada etc etc.

But, there's one thing....as per online "CIC eligibility tool" my mother is eligible but they ask for certain docs (obviously)...including "family Info".
In that family form - IMM 5645, they ask for sons, daughters, brothers, sisters etc...now the question is..

1) should i mention about the son who died.... in which case i will have to write the "date of death" and "city". Won't they know then that my brother died just recently. And will make them think that "THIS" is the reason we are applying.
2) What about elder brother? We don't know about his whereabouts? Is it good to be included or not (even with fake or same as mom's address)?
3) For me (as a daughter)...I have to say "YES" in the question where they ask if someone is accompanying her? Can this affect?

This is what my opinion.....
To me....If they really want to dig they can always find out....but first, we MUST NOT apply based on son's death and second, if they ever ask us then we can always tell that to console herself and to visit her grandson she is applying her visa. She will feel better due to recent tragedy and since she hasn't seen her grandson for a while (4 years...) this will give her a "change". What do you think??

One more thing, since i will be filing her application, is it ok (or have any effect) If i become "representative" for her application as her english is not good and then same time i will ask for (full disclosure/authority) for application filing and any future processing. Any thoughts??

Please tell me if something I shouldn't do or modify...
Please send me sample "invitation letter" and i will email you the "documents list" for your suggestions.

I never thought in my life that someday i will be collecting my own brothers bones! Will be going to Haridwar soon so want to do what ever i can as i have only counted days in hand...and unfortunately I CANNOT extend my visa since it's an "emergency visa".

Thank you very much for everything and your prayers!!
God bless you and your family!
Kind Regards,
Bluebirdy

 

[Bryanna]

Hi,

Your mom and you are going through a very tough time..... and my prayers are with you in this difficult time.


What's important is to prove that your mom will return to India.... this is so critical for the approval of her TRV application.... currently, there is almost nothing to prove to CIC that your mom will return/she has no ties to India..... and her case is rather weak at the moment.


The Invitation Letter, etc can be suitably written.... but what strong ties will she show?

Do check your inbox..... I have sent you a sample Invitation Letter that you can modify


Regarding your elder brother, you must mention him.... all said and done, he is still your brother.... he has not been legally "disowned"..... not declaring him in the Family Information Form could appear as a misrepresentation.... you must maintain the same family information as in your PR application/other visas.... also what if he "reappears" at some point in the future?

You're visiting India on an emergency travel document..... and mentioning you will return to Canada with your mom accompanying you so quickly.... may raise questions.

I must tell you current processing times for Delhi TRVs are 2-4 weeks (calendar)..... so a TRV may NOT be possible within a few days after applying.... hence, you may want to consider extending your visit (I am not sure how you can do this)

You can be her authorized representative for this visa application


To reiterate: You must provide evidence that your mom will return to India.... getting a TRV hinges on this


Hope this helps

 

[Bluebirdy]

thanks! please check you pm...
regards,
bluebirdy

 

[Bryanna]

I didn't get your pm..... please resend. Thanks

 

[Bryanna]

Hi,

Please delete some messages from your Inbox..... thanks

 

[Bluebirdy]

Hello Bryanna!
Not sure why but I will delete soon...
You probably think I am way confused...
Calling mom just for 2 months is not really worth considering her health, time spent, finances etc etc plus it will be hard for me also also going back and forth leaving "my family" alone in Canada.
So, now am
In the process of super visa because the reasons family ties, finances etc still remain same regardless we apply for supervise or just 2 months of visitor visa...
So talking about super visa, it seems like everything is same from "forms to fill up" point of view.
Do I need mom's last 2 year of income tax for super Visa and if so then how as you know she was always housewife?
Second, cheap and best insurance for 1 year in canada? Do you know anyone?
Third, how long stay I should put for super visa?
Regarding RBI registered funds (as you mentioned before)...what if we pay for her? Will visa office ask from where funds came from? Because we can always pay for her "Canadian funds" and we can always fill RBI formalities also as long as visa office doesn't cross check.
Thanks!

 

[Bryanna]

Hi Bluebirdy,

Relax

You're going through a lot.... I do not think you're confused.

As you're not a *full member* your mailbox has a limit for the number of messages.... hence, my reply could not go through.... do check your mailbox in a few minutes


Cheers