Urgent Vistor Visa Please Help!!

[smith1263]

Dear Members,

I wish to apply for visitor visa for Canada to attend my cousin's marriage function.
My present status - I am 27 years old, single and completed my degree in law last year. from 2016 I am doing my own practice as an IPR lawyer /Attorney (Intellectual property rights (Copyright, trademark and patents) and present my Income is 5 lakh per annum.

I will be applying for visa with my mother (she has a valid US visa) and my brother (He has a valid US visa) both have previous travel history to US.
My US visa was denied in 2012 as I was a student and my trip was being sponsored by my uncle in US. At present I don't have any travel history.
My father will not be traveling with us and will be in India.

I will be paying myself for this trip in Canada. I need the advise of senior members whether I should apply for the visa or not. I am sure my mother and brother will get the visa since they already have a travel history.

 

[scylla]

How long are you planning to visit Canada?

 

[Bryanna]

Hi,

I need the advise of senior members whether I should apply for the visa or not. I am sure my mother and brother will get the visa since they already have a travel history.

Canada and the US are two different countries. Having a US B1/B2 and/or having visited the US earlier does not assure someone of a Canada TRV. BTW they can apply under the CAN+ program.

Your mom, brother and yourself must demonstrate their/your individual strong ties to India: Employment/business + property/land ownership or a rent agreement + family ties to return to + previous travel history, etc

For yourself: Do you employ others? Do you have contracts/agreements with corporates?

You'll have to post more information to get advice


Cheers

 

[smith1263]

How long are you planning to visit Canada?

Thanks a lot for the reply. we are planning to visit Canada for 10 days (Maximum 2 weeks) not more than that.

 

[smith1263]

Hi,

Canada and the US are two different countries. Having a US B1/B2 and/or having visited the US earlier does not assure someone of a Canada TRV. BTW they can apply under the CAN+ program.

Your mom, brother and yourself must demonstrate their/your individual strong ties to India: Employment/business + property/land ownership or a rent agreement + family ties to return to + previous travel history, etc

For yourself: Do you employ others? Do you have contracts/agreements with corporates?

You'll have to post more information to get advice


Cheers

Thanks a lot for the reply.
For my mother - The strong ties to India would be that my father will not be traveling with us.
For my brother - He is working in a Pvt. company. He is single and the only strong point for him would be that he has visited Canada when he was in School during summer vacation and further he has a travel history as well.
For me- I don't have a travel history and the only positive point I consider myself is that If we apply together there is slight chance that I will get the visa. As far as employment contract I don't have any employment contract. Both me and my partner handle the work.
I don't have corporate contract with Law firms as well, Since I get work through references mostly.
Law firms mainly outsource their Trademark and Copyright filing to me.

As far as Income is Considered- My mother has an annual Income of less than 5 lacs- She run a paying guest accommodation.
My Brother- His Income is less than 5 lacs as well.
Myself- My Income for this year is around 6 Lacs. Apart from that I have around 2.5 lacs in PPF and Around 4 lakhs in FD's

I have one more query, apart from being an attorney/advocate, I am appointed as adirector in two more companies. shall I mention that?
I have invested around 2.5 lacs in one of those companies and take Interest on my Invest and around 1.5 lacs as annual salary from there as well.

Thanks

 

[Bryanna]

For my mother - The strong ties to India would be that my father will not be traveling with us.

My mother has an annual Income of less than 5 lacs- She run a paying guest accommodation.

She must prove that no one else can manage the paying guest accommodation/manage temporarily in her absence + it is the lean season, hence she can travel (??)

For me- I don't have a travel history and the only positive point I consider myself is that If we apply together there is slight chance that I will get the visa.

It does not work this way. Any outcome is possible: all members get TRVs/ some get TRVs/ all get refused.

That's why individual strong ties will be assessed, not group/family ties.

I don't have corporate contract with Law firms as well, Since I get work through references mostly.
Law firms mainly outsource their Trademark and Copyright filing to me.

Do you issue invoices to these law firms?

Do you file your ITRs for the income earned from this?

How do these law firms pay you? Cash/ bank transfers/ cheques?

Do you have any active trademark filing cases which require you to return by a specific date for legal reasons?

Apart from that I have around 2.5 lacs in PPF and Around 4 lakhs in FD's

PPF and FD can be shown as part of your overall financial situation.... but NOT as the funds available for your visit.

PPF is locked-in for at least six years initially.

Are the FDs also locked-in? Or can be liquidated anytime, if required (do not do this for the TRV)?

I am appointed as adirector in two more companies. shall I mention that?
I have invested around 2.5 lacs in one of those companies and take Interest on my Invest and around 1.5 lacs as annual salary from there as well.

Yes, you must mention this.

Are you an active Director or only for investments? Do you have any day-to-day responsibilities for this (with evidence)? Do you declare this income in your tax returns?


Cheers

 

[smith1263]

She must prove that no one else can manage the paying guest accommodation/manage temporarily in her absence + it is the lean season, hence she can travel (??)

Since we will be traveling for only one week. we can show that the maid can handle the accommodation for one week.

It does not work this way. Any outcome is possible: all members get TRVs/ some get TRVs/ all get refused.

That's why individual strong ties will be assessed, not group/family ties.

Do you issue invoices to these law firms?

yes I issue invoice to these firms but at present I have issued only one invoice.

Do you file your ITRs for the income earned from this?

yes I will file return for this income, as well as income from company and Income from other sources as well. since I started practicing from last year (2016) after enrolling at state bar council. I will be able to show income this year. I have the Income tax receipt for my last 2 year income as well.

How do these law firms pay you? Cash/ bank transfers/ cheques?

Cash as well as bank transfer

Do you have any active trademark filing cases which require you to return by a specific date for legal reasons?

As of now I have filed more than 30 trademark applications. some of them are accepted, some are under process and some may require reply or hearing may be called for these cases in that case I will have to go for hearing but can't confirm that for sure.

PPF and FD can be shown as part of your overall financial situation.... but NOT as the funds available for your visit.

PPF is locked-in for at least six years initially.

yes I agree ppf has a lock in period. but I can show statement of my account as I have more than 4.5 lakhs in my account.

Are the FDs also locked-in? Or can be liquidated anytime, if required (do not do this for the TRV)?

FDs are for 1 year and after one year they are auto renewed.

Yes, you must mention this.

Are you an active Director or only for investments? Do you have any day-to-day responsibilities for this (with evidence)? Do you declare this income in your tax returns?

As of now I am an active director but the company does not require day to day responsibilities as we have leased out our assets to a company and we take monthly payment from them. I meet the company to whom we have leased our assets once in two months to discuss our payments schedule. apart from that I issue cheques to other directors and driver and rent for the premises.

thanks bryanna for the detailed reply.


Cheers

 

[Bryanna]

How do these law firms pay you? Cash/ bank transfers/ cheques?

Cash as well as bank transfer

If most of your payments are in cash (not bank transfers) then you have a bit of a challenge to prove to IRCC that your legal practice is an active one.

As of now I have filed more than 30 trademark applications. some of them are accepted, some are under process and some may require reply or hearing may be called for these cases in that case I will have to go for hearing but can't confirm that for sure.

Have you filed these trademark applications in the name of your law firm? Or on behalf of the companies which outsource this work to you?

but I can show statement of my account as I have more than 4.5 lakhs in my account.

Liquid cash in your bank account?? Not your FD account.

My Income for this year is around 6 Lacs. Apart from that I have around 2.5 lacs in PPF and Around 4 lakhs in FD's

I have invested around 2.5 lacs in one of those companies and take Interest on my Invest and around 1.5 lacs as annual salary from there as well.

The math does not add up. You started working last year.

2016-17 income: INR 6,00,000 (income, pre-tax??) + INR 1,50,000 (from the company you invested in) = INR 7,50,000

Investments/savings: INR 2,50,000 in PPF + INR 4,00,000 in FDs + INR 4,50,000 bank balance + INR 2,50,000 invested in the other company = INR 13,50,000


1. Is all of this your money? Or some of it was borrowed/given by your family?

2. Just wondering how you have INR 2,50,000 in your PPF account in the very first year that you've started working? The maximum one can invest is INR 1,00,000 in a year if I'm not mistaken. There's no additional tax benefit by investing more. Anyway


Maybe I have missed something. Any which way, you'll have to explain the mismatch in your income versus investments/available funds for your Canada visit, in your TRV application

 

[smith1263]

If most of your payments are in cash (not bank transfers) then you have a bit of a challenge to prove to IRCC that your legal practice is an active one.

Have you filed these trademark applications in the name of your law firm? Or on behalf of the companies which outsource this work to you?

Trademark applications are in my name only not law firm.

Liquid cash in your bank account?? Not your FD account.

Yes liquid cash apart from FDs

The math does not add up. You started working last year.

2016-17 income: INR 6,00,000 (income, pre-tax??) + INR 1,50,000 (from the company you invested in) = INR 7,50,000

Actually 6,00,000 is including income from company basically this income is from my practice + salary from company + return on investment + other sources.



Investments/savings: INR 2,50,000 in PPF + INR 4,00,000 in FDs + INR 4,50,000 bank balance + INR 2,50,000 invested in the other company = INR 13,50,000


1. Is all of this your money? Or some of it was borrowed/given by your family?

this is my money. I haven't borrowed a single penny from anyone

2. Just wondering how you have INR 2,50,000 in your PPF account in the very first year that you've started working? The maximum one can invest is INR 1,00,000 in a year if I'm not mistaken. There's no additional tax benefit by investing more. Anyway

I had opened my ppf in 2014. I have filed return for 2014 - 2015 as well 2015 - 2016 and will file return for 2016 - 2017 as well.

Prior to completing Law. I had done graduation in Engineering (B.tech in Information technology). I started my legal work from September 2016.
Do the they check statement and entries in bank account during interview ?

Maybe I have missed something. Any which way, you'll have to explain the mismatch in your income versus investments/available funds for your Canada visit, in your TRV application

please feel free to ask any other information you require.

 

[smith1263]

regarding PPF one can invest around 1.5 lakhs per year to save tax. so I have invested 1.5 lakhs this year. the rest of the amount i.e 1 lakh that was invested in 2014 and 2015

 

[Bryanna]

Do the they check statement and entries in bank account during interview ?

The visa office can contact anyone (banks, corporate clients, employers, etc) to verify the facts/documents submitted.

Normally, there is no interview for a Canada TRV. Nearly all decisions are made based on the applications. There have been some cases though where applicants were called for interviews.


IMO, you should not apply for a TRV at this point in time. This is why:
1. You file copyright applications on behalf of other law firms/outsourced work. You do not have any direct clients.

2. These copyright applications are filed in your name i.e. not in the name of your law firm. Do you have a registered legal practice?

3. You do not have a history of regularly invoicing. To a visa officer, this will not prove that you have a day-to-day active legal practice

4. Most lawyers/law firms in India demand/make cash payments. For your visa application (if most of your payments are in cash vis-a-vis bank transfers)..... it will be difficult for you to prove that you have earned your income from your legal practice/trademark applications

5. You do not own any property/land

6. You do not have any dependent family members who will not accompany you

7. Do you have commercial/office premises with a lease agreement for your legal practice??

8. You do not have any previous travel history

9. As a self-employed lawyer, it is a challenge to prove that you have earned the income you claim/amount declared in your tax returns.

10. As you filed tax returns since 2014 = you were earning an income from some source(s). It would help your visa application if you prove that you were employed prior to 2016/prior to starting your legal practice.


My advice:
Please sort out your paperwork for your legal practice, in every way, before you apply for any visa. This could take 6-8 months. You may even want to start this from April i.e. the new financial year.

If, however, you intend to apply shortly then please ensure there are no gaps in your paperwork/evidence


Cheers