Visitor visa - bank deposits in last week

[G00dGuy]

Hello,

We are applying for TRV for my brother and his wife. We are planning to submit the application this week. As my brother is engaged in agriculture, he recently received payment cheque for rice crop in the amount of 8 lacs.

Should we go ahead and deposit the cheque? Does it look ok to make large deposit in final week before submitting the application?

He already has around 25 lac in his bank account before these deposits.

Please note his TRV has been refused twice before 2010. And means of financial support was one of the reasons they gave.

Please reply.

 

[AnangRaj]

Hello,

We are applying for TRV for my brother and his wife. We are planning to submit the application this week. As my brother is engaged in agriculture, he recently received payment cheque for rice crop in the amount of 8 lacs.

Should we go ahead and deposit the cheque? Does it look ok to make large deposit in final week before submitting the application?

He already has around 25 lac in his bank account before these deposits.

Please note his TRV has been refused twice before 2010. And means of financial support was one of the reasons they gave.

Please reply.

Why dont you wait a bit after depositing money that will make your brothers chance strong and do he have any tourist history ?

 

[G00dGuy]

Why dont you wait a bit after depositing money that will make your brothers chance strong and do he have any tourist history ?

Hi AnangRaj,

Thanks for the reply.
Yup, it is better to wait a bit after deposits.. but the event he is invited to in Canada is only two months away. If we wait then he will be short of the processing time VO needs.

 

[G00dGuy]

Also no travel history

 

[AnangRaj]

Also no travel history

dont want to discourage you but this going to be tough my friend

 

[G00dGuy]

dont want to discourage you but this going to be tough my friend

Yup, let’s see

 

[Bryanna]

We are applying for TRV for my brother and his wife. We are planning to submit the application this week. As my brother is engaged in agriculture, he recently received payment cheque for rice crop in the amount of 8 lacs.

Can he prove the money was earned by him from legit sources?

Should we go ahead and deposit the cheque? Does it look ok to make large deposit in final week before submitting the application?

Yes, it would look like he has 'borrowed' the money to create a better financial situation for the TRV application.

He already has around 25 lac in his bank account before these deposits.

1. Was this amount earned by him?

2. Has he paid taxes on this amount?

3. More importantly, no one would keep such a large amount as liquid cash without investing it

 

[G00dGuy]

Can he prove the money was earned by him from legit sources?



Yes, it would look like he has 'borrowed' the money to create a better financial situation for the TRV application.



1. Was this amount earned by him?

2. Has he paid taxes on this amount?

3. More importantly, no one would keep such a large amount as liquid cash without investing it

Thanks for the reply Bryanna.

1. Was this amount earned by him?
>>> Yes, the amount is earned by him. Month of October is harvesting season for rice/paddy crop in Punjab. He sold rice crop this week and got the payment cheques. He has J Forms as proof.

2. Has he paid taxes on this amount?
>>> As agriculture is tax exempt, there is no tax paid for this amount.

3. More importantly, no one would keep such a large amount as liquid cash without investing it
>>> Yup, thats true. How to deal with this thing now?

 

[Bryanna]

1. Was this amount earned by him?
>>> Yes, the amount is earned by him. Month of October is harvesting season for rice/paddy crop in Punjab. He sold rice crop this week and got the payment cheques. He has J Forms as proof.

Let's consider this from another angle:
1. Does he own the agricultural land?

2. Has he taken any loans to purchase farm equipment, vehicles. etc?

3. Does he have to pay anyone/a bank some of this money he earned from the sale of the rice crop?

4. Seasonal farm workers?

3. More importantly, no one would keep such a large amount as liquid cash without investing it
>>> Yup, thats true. How to deal with this thing now?

1. Can he prove he earned this large amount?

2. And how long has it been since he earned it?

3. Does he have any financial investments?

 

[G00dGuy]

Let's consider this from another angle:
1. Does he own the agricultural land?

2. Has he taken any loans to purchase farm equipment, vehicles. etc?

3. Does he have to pay anyone/a bank some of this money he earned from the sale of the rice crop?

4. Seasonal farm workers?



1. Can he prove he earned this large amount?

2. And how long has it been since he earned it?

3. Does he have any financial investments?

1. Does he own the agricultural land?
>>> No he does not own the agricultural land. He owns the house. Land is still registered under my dad's name. My dad is permanent resident of canada and I am canadian citizen. My brother is the only one in India who manages our agriculture business from last 15-20 years.

He also leased some land but there is no paperwork for it. Its just verbal.

2. Has he taken any loans to purchase farm equipment, vehicles. etc?
>>> My brother owns the farm equipment, and it is registered under his name. But there is no loan.

3. Does he have to pay anyone/a bank some of this money he earned from the sale of the rice crop?
>>> Yes, he pays for the fertilizes, seeds, fuel etc. He already made these payments through his bank account and has some of the receipts.

4. Seasonal farm workers?
>>> Seasonal farm workers paid in cash.



1. Can he prove he earned this large amount?
>>> The only thing he has is J Forms, income certificate from tehsildar, Income tax return filed for 2018-2019.

2. And how long has it been since he earned it?
>>>He earned it for last 3 months. Paddy crop transplantation starts in mid June and harvest in October. So almost 3.5 months.

3. Does he have any financial investments?
>>> No financial investments. His son is in grade 11, so he is saving the money to send him abroad for higher studies after grade 12.

 

[Bryanna]

1. Does he own the agricultural land?
>>> No he does not own the agricultural land. He owns the house. Land is still registered under my dad's name. My dad is permanent resident of canada and I am canadian citizen. My brother is the only one in India who manages our agriculture business from last 15-20 years.

1. Does he have a Power of Attorney to represent you and your dad for this agricultural land?

2. Actually, foreign citizens cannot own/cannot purchase agricultural land in particular in India. This means you cannot own this land. Nonetheless, you may want to seek legal advice if you're an OCI. In this case, as an OCI, you would have to pay wealth tax.

He also leased some land but there is no paperwork for it. Its just verbal.

It won't help for his TRV.

2. Has he taken any loans to purchase farm equipment, vehicles. etc?
>>> My brother owns the farm equipment, and it is registered under his name. But there is no loan.

Okay

3. Does he have to pay anyone/a bank some of this money he earned from the sale of the rice crop?
>>> Yes, he pays for the fertilizes, seeds, fuel etc. He already made these payments through his bank account and has some of the receipts.

This could help.

Again, can he prove he earned the money? Was it paid as cash or bank transfers?

4. Seasonal farm workers?
>>> Seasonal farm workers paid in cash.

It won't help.

1. Can he prove he earned this large amount?
>>> The only thing he has is J Forms, income certificate from tehsildar, Income tax return filed for 2018-2019.

Okay. That's good.

2. And how long has it been since he earned it?
>>>He earned it for last 3 months. Paddy crop transplantation starts in mid June and harvest in October. So almost 3.5 months.

I suggest he prepare (or maybe a CA could prepare) a statement going back the 3-4 years which would prove he has consistently been earning large amounts like this year from the sale of the rice crop + expenses for managing the farm + payments made to the farm workers (although no receipts are available).... and back this statement up with separate bank statements for each of these years.

This would prove he has not received the large amount just this year + it would prove the source of his bank balance.

3. Does he have any financial investments?
>>> No financial investments. His son is in grade 11, so he is saving the money to send him abroad for higher studies after grade 12.

Money in a savings account earns the lowest rate of interest

 

[G00dGuy]

1. Does he have a Power of Attorney to represent you and your dad for this agricultural land?

2. Actually, foreign citizens cannot own/cannot purchase agricultural land in particular in India. This means you cannot own this land. Nonetheless, you may want to seek legal advice if you're an OCI. In this case, as an OCI, you would have to pay wealth tax.



It won't help for his TRV.



Okay



This could help.

Again, can he prove he earned the money? Was it paid as cash or bank transfers?



It won't help.




Okay. That's good.



I suggest he prepare (or maybe a CA could prepare) a statement going back the 3-4 years which would prove he has consistently been earning large amounts like this year from the sale of the rice crop + expenses for managing the farm + payments made to the farm workers (although no receipts are available).... and back this statement up with separate bank statements for each of these years.

This would prove he has not received the large amount just this year + it would prove the source of his bank balance.



Money in a savings account earns the lowest rate of interest

>>>>1. Does he have a Power of Attorney to represent you and your dad for this agricultural land?
Nope, he does not have written power of attorney for our land.
My dad had one agricultural credit line. Couple of years ago my dad gave him written consent to act on his behalf. Will it help in any way?

Also, one of my relative is senior and is permanent resident of Canada. He rarely goes to India. He has given power of authority for his agricultural land to my brother to act on his behalf to manage, settle all his land related disputes. Will it be helpful in his TRV application?


>>>Again, can he prove he earned the money? Was it paid as cash or bank transfers?
He has J Forms as proof. The deposits he made into the account are via cheques received from grain trading agents. The payments he made for seeds/fertilizers/fuel etc also via cheques.


>>> I suggest he prepare (or maybe a CA could prepare) a statement going back the 3-4 years which would prove he has consistently been earning
Sure we will try to attach as much info as we can from previous years.


Can you please give some idea what should he mention in letter of explanation? He has two sons, both going to school, one in grade 11, and another in 8th. We are not including them in the application. Their maternal grandma will take care of them in case TRV is issued.

 

[G00dGuy]

Bryanna - please reply. Thanks.

 

[Bryanna]

>>>>1. Does he have a Power of Attorney to represent you and your dad for this agricultural land?
Nope, he does not have written power of attorney for our land.
My dad had one agricultural credit line. Couple of years ago my dad gave him written consent to act on his behalf. Will it help in any way?

No, a letter issued on plain paper would not carry any weight.

The objective here is to prove your brother is taking care of the agricultural land owned by your dad, yourself and other relatives.

TBH, it is a complicated case in terms of finances even from a visa perspective. Your brother has large sums of money that are NOT his.

It's like why would your dad/you/your relative allow your brother to retain the entire profits earned from the agricultural land owned by you guys. Maybe this arrangement was done for tax purposes from a Canadian perspective (not Indian). No idea. But, it still does not help your brother.

Also, one of my relative is senior and is permanent resident of Canada. He rarely goes to India. He has given power of authority for his agricultural land to my brother to act on his behalf to manage, settle all his land related disputes. Will it be helpful in his TRV application?

Yes, it would help. However, do consider the point I have made above.

More importantly, does the POA clearly state your brother can retain all the profits earned from your relative's agricultural land?

>>>Again, can he prove he earned the money? Was it paid as cash or bank transfers?
He has J Forms as proof. The deposits he made into the account are via cheques received from grain trading agents. The payments he made for seeds/fertilizers/fuel etc also via cheques.

Do see my advice in the previous post. Your brother would need to create a detailed explanation backed by each of these evidence.... for each year.... going back the last 2-3 years. IMO, that's the only way to justify/explain the INR 2.5 million in his bank account.

He needs to have a Profit-Loss balance sheet type of statement, including liabilities/assets.... prepared by a CA along with all evidence..... and an explanation.

He has two sons, both going to school, one in grade 11, and another in 8th. We are not including them in the application. Their maternal grandma will take care of them in case TRV is issued.

He would need to include evidence that the maternal grandmom lives at the same address + any other evidence that she is dependent on your brother for her well being or her finances

 

[G00dGuy]

No, a letter issued on plain paper would not carry any weight.

The objective here is to prove your brother is taking care of the agricultural land owned by your dad, yourself and other relatives.

TBH, it is a complicated case in terms of finances even from a visa perspective. Your brother has large sums of money that are NOT his.

It's like why would your dad/you/your relative allow your brother to retain the entire profits earned from the agricultural land owned by you guys. Maybe this arrangement was done for tax purposes from a Canadian perspective (not Indian). No idea. But, it still does not help your brother.



Yes, it would help. However, do consider the point I have made above.

More importantly, does the POA clearly state your brother can retain all the profits earned from your relative's agricultural land?



Do see my advice in the previous post. Your brother would need to create a detailed explanation backed by each of these evidence.... for each year.... going back the last 2-3 years. IMO, that's the only way to justify/explain the INR 2.5 million in his bank account.

He needs to have a Profit-Loss balance sheet type of statement, including liabilities/assets.... prepared by a CA along with all evidence..... and an explanation.



He would need to include evidence that the maternal grandmom lives at the same address + any other evidence that she is dependent on your brother for her well being or her finances

Ok, got it. Thanks for the advice.