URGENT Question : Applying for Visitor Visa who is Judge in India

[Sam1326]

Hi,

I am applying for my father in law's visitor visa who is working as Judge .Do I need to fill IMM 5257 Schedule 1 form (IMM5257B_1.pdf) while applying?
Please help. Both me and my wife are PR holders. I am working and wife is not working. Please provide suggestions. Thanks in advance.

 

[Sam1326]

Any suggestions guys....your help is appreciated....

 

[Bryanna]

Hi,

The form you mentioned is an old version ie 06-2012.

The document checklist for India applicants can be found here:
http://www.cic.gc.ca/english/information/applications/visa.asp?countrySelect=IN#applications

As your father-in-law is a judge, you can expect the processing time to be much longer than that stated on the IRCC website. It is possible that background checks may be conducted


Cheers

 

[Sam1326]

Thanks Bryanna for your reply. I have few questions also.
1.Do you know if CIC may ask for No Objection Certificate from Court for his application?

2. My wife is not working, whose invitation letter should work? mine or my wife's? I am the only one who is working and have income. But as he is my father - in law, i do not have blood relation with him.
Please advise.

 

[Bryanna]

1. Even though CIC does not specifically request a No Objection Certificate, you must include one. Your father-in-law can obtain this from the Principal Judge of the court/the relevant judicial authorities.

It is similar to getting a leave approval letter from one's employer.


2. You are related to your father-in-law through marriage to your wife You can include an invitation letter with both of you as inviters. Do include a copy of your marriage certificate.


A suggestion:
If his visit is not urgent, you can invite him in the summer when courts in India are on vacation. And you can explain that this way he can visit without work pressures

 

[Sam1326]

Thanks.

1.I agree with you, but there is a situation regarding NOC. The NOC will be given for only 2-3 weeks.He is working right now, but will be retiring in June and planning to come to Canada after retirement. If he attaches a NOC for 15 days only, then my Invitation Letter should also match the with the same e.g.staying for 15 days..
But his plan is to stay for 4-5 months after retirement. and will there be a possibility that he will get a 6 months single entry visa/ less duration visa for his visit if he attaches NOC ?


2. Also , considering above situation, i have a plan B........father in law will apply only after retirement in June. But I will ask Mother-In-Law to apply now.Again She is not working in India.We need someone here as my wife is pregnant.

Your help is appreciated in decision making.

 

[Bryanna]

1. Your father-in-law's ties to India will become weaker after his retirement unless he has other ties such as business/plans to give legal consultation, property ownership, etc.

In any case I would not state that he plans to visit for 4-5 months as that indicates weak ties.

You may also want to show that he must return to claim his retirement benefits.

If IRCC does a background check (which is most likely), he may get a decision well after he retires (looking at similar cases). So you may want to consider how strong his ties are/will be before/after he retires and apply accordingly.


2. If you apply for your mother-in-law first then she can show your FIL as a family tie to return to. She must also show she has other reasons/other ties.

I would not mention that your MIL is coming to take care of your wife and baby as this could be considered as working illegally on a TRV even if it is unpaid