Supervisa - Confused on details to be given about family - Please help

[Ayam93]

- I and my brother are both living in canada as PR
- My mother is a window and lives in india
- Mother owns land and house and also earns a pension

I was applying super visa for her and initially i thought that in invitation letter i will not mention about my brother as this can show very strong ties of my mother to canada.

but the guidelines for supervisa states that i need to tell total number of people living in my house. In family information form, i have mentioned about my brother but i want to avoid doing same in invitation letter.

Please share your views - is it fine if in invitation letter i do not state total number of people living in my house, and just say that me and my wife live together and i meet the LICO cutoff ? Or its ok to mention about brother living with me in the invitation letter and this might not be too weak of a point as my mother already owns land and a house in India and have a healthy bank balance ?

 

[Bryanna]

I was applying super visa for her and initially i thought that in invitation letter i will not mention about my brother as this can show very strong ties of my mother to canada.

IRCC knows fully well that your brother is a PR. This fact will show up when your mom fills the Family Information form. It's silly not to state the obvious.

but the guidelines for supervisa states that i need to tell total number of people living in my house. In family information form, i have mentioned about my brother but i want to avoid doing same in invitation letter.

You're directing your mom's application towards misrepresentation. Not sure why you would want to do this.

Do you independently meet LICO for 4 persons i.e. for yourself + your wife + your brother + your mom?

Please share your views - is it fine if in invitation letter i do not state total number of people living in my house, and just say that me and my wife live together and i meet the LICO cutoff ?

Misrepresentation!!

For a super visa, you must state the correct number of people in your household.

Is your brother's address not the same as your address for all practical purposes and records?

Or its ok to mention about brother living with me in the invitation letter and this might not be too weak of a point as my mother already owns land and a house in India and have a healthy bank balance ?

IMO, your mom has a good application for a super visa. Don't know why you want to tread the misrepresentation path

 

[Ayam93]

Thanks a lot Bryanna for reply and scylla for reading the thread.

I actually never wanted to misrepresent anything and your reply assured me that i need not to do that. Actually initially i approached a lawyer to help me in super visa and he said that we ll not talk about your brother except in the family information form. I endup doing the super visa application myself as with time i felf i ll do the stuff myself as the lawyer firm was very passive and made many errors. I did my PR application myself so had some basic idea.

>>Do you independently meet LICO for 4 persons i.e. for yourself + your wife + your brother + your mom?
NO. I only meet the LICO criteria if i do not include my brother. Problem is he moved to Canada last year and he wanted to setup his own business so he do not have any income to show. He bought has good amount of bank balance from india and have some stocks in US companies so he is doing well.

Please Advice. If i rightfully say that my brother lives with me, does the CIC conside my bother for LICO ? Or if i myself do not consider my brother for LICO count, will CIC ask for my brothers income proof ?

 

[Bryanna]

I actually never wanted to misrepresent anything and your reply assured me that i need not to do that. Actually initially i approached a lawyer to help me in super visa and he said that we ll not talk about your brother except in the family information form. I endup doing the super visa application myself as with time i felf i ll do the stuff myself as the lawyer firm was very passive and made many errors. I did my PR application myself so had some basic idea.

You'll get good advice on this forum + you can save your money if you go through similar threads for super visas.

>>Do you independently meet LICO for 4 persons i.e. for yourself + your wife + your brother + your mom?
NO. I only meet the LICO criteria if i do not include my brother.

In that case, I would recommend your mom applies for a super visa instead. Do post more information about her personal and professional situation if you need advice.

BTW your mom can apply for a super visa (even if she has a valid TRV) when you are able to prove that you meet LICO.

Does your wife work?

Please Advice. If i rightfully say that my brother lives with me, does the CIC conside my bother for LICO ? Or if i myself do not consider my brother for LICO count, will CIC ask for my brothers income proof ?

Your brother will be considered as one of the members of your household.

If you are on the LICO borderline (if you include your brother), I suggest your mom does not apply for a super visa. Do wait until you comfortably cross LICO

 

[Ayam93]

Here is my mother’s details:
- owns agriculture land and a big house with certified valuation of more than CAD 150K, and have a health bank balance of approx. 15K
- earns a regular pension of approx. CAD 600, does not work but is active in village welfare work as volunteer
- She is a window and both of her sons are in Canada as PR

My situation:
- PR since 2016 with income of approx. 41K for last year
- Married, my wife moved to Canada as PR just 2 months back, wife not working
- Brother and his wife moved to Canada as last year. Brother technically has no income and his wife works part time so not much income
- My brother bought approx. 40K when he moved to Canada last year and he currently owns good amount of stocks. If he absolutely need to show income for year 2018 then he can sell stocks and show that as income for year 2018

Now if i include my brother and his wife and then i do not meet the LICO but do i really need to include them as they are not my dependents? They have separate bank accounts, etc. I was thinking that i can just mention in invitation letter that "my wife is my only dependent and my brother and his wife is well settle and lives comfortable life" ?

Please advise if:
- my mother has sufficient ties to India to get super visa
- will IRCC count my wife and his wife also as dependents on me even if i state that they are not dependent on me ? Will attaching there bank statements and explaining this in LOE can be helpful?

Thanks again !

 

[Ayam93]

Just forgot to add, i am applying the super visa from my mom side only.

 

[Bryanna]

- Brother and his wife moved to Canada as last year. Brother technically has no income and his wife works part time so not much income
- My brother bought approx. 40K when he moved to Canada last year and he currently owns good amount of stocks. If he absolutely need to show income for year 2018 then he can sell stocks and show that as income for year 2018

Your brother's income cannot be included in your LICO calculations = cannot be included for your mom's super visa application.

Now if i include my brother and his wife and then i do not meet the LICO but do i really need to include them as they are not my dependents?

The technical definition of a family member will not apply. However, they live in your house... and there's no clear way of proving that they are financially not dependent on you.

They have separate bank accounts, etc. I was thinking that i can just mention in invitation letter that "my wife is my only dependent and my brother and his wife is well settle and lives comfortable life" ?

Are you aware that the Family Information form for your mom's super visa application will prove that your brother and his wife live at the same address as you?

Please advise if:
- my mother has sufficient ties to India to get super visa

If you cannot prove you meet LICO for 5 persons then don't apply for a super visa. IMO, your mom may have some chances of a TRV approval instead

 

[Ayam93]

Thanks a lot Bryanna for the insights, really appreciated, i have one doubt if you can share your views

>>The technical definition of a family member will not apply. However, they live in your house... and there's no clear way of proving that they are financially not dependent on you.

If i can attach bank statement of my brother which will show day to day expenses and some income for his wife’s part time job. Will that be sufficient to show that they are financially independent? My brother is actually financially independent but as he is busy setting his business, he is burning money saved earlier than earning new income in Canada. And his wife work part time as she is going college.

Kindly advise the best way forward. I have a valid application but want to avoid a rejection just because i did not explain my situation to visa officer clearly.

 

[canuck78]

Thanks a lot Bryanna for the insights, really appreciated, i have one doubt if you can share your views

>>The technical definition of a family member will not apply. However, they live in your house... and there's no clear way of proving that they are financially not dependent on you.

If i can attach bank statement of my brother which will show day to day expenses and some income for his wife’s part time job. Will that be sufficient to show that they are financially independent? My brother is actually financially independent but as he is busy setting his business, he is burning money saved earlier than earning new income in Canada. And his wife work part time as she is going college.

Kindly advise the best way forward. I have a valid application but want to avoid a rejection just because i did not explain my situation to visa officer clearly.

Is he paying rent? Is it at a similar rate to if he was living in his own home?

 

[Ayam93]

I had no idea that this might create an issue for my mother’s else i would have made legal records of few things like asking him to formally send me rent, etc.

>>Is he paying rent? Is it at a similar rate to if he was living in his own home?
He is not directly paying rent, as we are a family so he have taken care of few things and i have taken care of other things.

My brother and his wife have a joint account and they have recently bought a car by taking a loan. If i attach his bank statements and mention in LOE that he is financially independent, that he share home expenses with me and that he is paying the car loan himself - will that be sufficient to make sure he and his wife are not counted for Low Income Cut Off?

Please advise best way forward.

 

[canuck78]

I had no idea that this might create an issue for my mother’s else i would have made legal records of few things like asking him to formally send me rent, etc.

>>Is he paying rent? Is it at a similar rate to if he was living in his own home?
He is not directly paying rent, as we are a family so he have taken care of few things and i have taken care of other things.

My brother and his wife have a joint account and they have recently bought a car by taking a loan. If i attach his bank statements and mention in LOE that he is financially independent, that he share home expenses with me and that he is paying the car loan himself - will that be sufficient to make sure he and his wife are not counted for Low Income Cut Off?

Please advise best way forward.

Buying a car doesn't really prove anything. Lots of family members buy cars and have to pay them off without other family members. Things like a formal lease (at the current rate for the area) along with a record of payments would be the most helpful.

 

[Bryanna]

If i attach his bank statements and mention in LOE that he is financially independent, that he share home expenses

How?

 

[Ayam93]

Please advise a solution for this scenario, i am not sure how to proceed and thus thinking some random solutions which i understand are not legally sound.

These solutions are coming to my mind because when i applied for my PR myself, i did not mention anything in Spouse Work Experience section and mentioned in LOE that as i am not getting any CRS points for her work experience, i am removing Spouse work experience in Work History but same is definately being listed in her last 10 year history. May folks suggested same on Express Entry forum and same worked for me quite well. So my understanding was that as my brother is not my dependent, he is not counted for LICO even if he lives on same address. In addition he has a seperate bank account which is active.

I am really confused how to explain my situation to IRCC, please advise.

And thanks to canuck78 and Bryanna for your replies!

 

[Bryanna]

So my understanding was that as my brother is not my dependent, he is not counted for LICO even if he lives on same address. In addition he has a seperate bank account which is active.

From IRCC:
https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/super-visa.html

Note: The proof of financial requirements (LICO) must include details about the number of people in the host’s household and proof of income at the appropriate level for the total number of people, including the visiting parent(s) or grandparent(s). However, it is not meant to cover family members in the visitor’s household who are not visiting, regardless of whether they could eventually be included as dependants in the visitor’s FC4 application.


Also, with an income of CAD 41,000, you are just barely over the CAD 38,185 (minimum necessary gross income) for 3 persons (even if one does not include your brother + his wife).

Again, do remember that the Family Information form will show that your brother resides at the same address as you. You cannot hide this fact by not stating it in the invitation letter.


IMO, you're risking a super visa refusal for your mom on two grounds:
1. Family ties to Canada are stronger

2. Host's income is inadequate


It's your call

 

[Ayam93]

Thanks a lot Bryanna, sorry i missed to say thanks earlier. I actually followed your advice and did not apply for Super Visa for my mom.

Now i am planning to apply TRV for my mother and if you can confirm that everything stated below looks good:

- My mom will apply for TRV (visitor visa) and in Purpose of Visit, she will mention that she wants to visit both of hers sons, who both are PRs, married and well settled in Canada.
- We will prepare a day to day itinerary for approx 3 weeks, including visits to few famous places like CN tower and Niagara falls, etc and she will attach same in her purpose of visit.
- She owns agriculture land and a big house with certified valuation of more than CAD 150K, and have a health bank balance of approx. CAD 10K, we will add a certificate from CA stating same
- She earns a regular government pension of approx. CAD 600 per month. Her attached bank statement will show this and we will mentioned same in explanation letter also
- She does not work but is very active in village welfare work as volunteer
- She is a window and lives alone
- She will attach her 4 months of bank statements. These do not have any huge transaction


We are planning to attach below of my letters:
- invitation letter from me inviting my mother for 3 weeks and stating and she will stay with me and i will take care of her when she is in canada
- i will state that i am a PR from last 5 years and now well settled, i would like my mom to visit me and see my


Questions for you:
- do i need to attach my bank statements or NOA ?
- earlier she had done medical exam as we earlier planned for super visa. Even applying for TRV, there is a question if a medical exam has been performed in last 12 months. Should i say Yes and attach the medical result ? Or its an unnecessary risk just in case if there is some complication in the medical result ?
- I understand the only weak point is my mothers strong ties in canada. I will explicitly mention in invitation letter that she will return after her visit and have no intention of overstaying, along with things like she is a volunteer in village, she earns a govt pension for which she has to physically visit the bank once a year (to prove she is alive and someone else if not using the pension). Anything else i can mention to show strong ties to home country ?


Anything here which raises red flags ? Anything more i should attach in the application ? Thanks again for all your help, you might have saved me a visa refusal and all the unnecessary stress which comes with a refusal !