Visitor visa got refused for younger brother! what to do now ?

[bhaveshmailin]

Hi Folks,

here are the details:

I am PR, living in canada for over 7 years, working as a manager making around 80k CAD , have a balance of 20k CAD, Invited my brother to visit canada, actually we (both brothers) want to go on road trip from Toronto to Vancouver.

My brother has masters degree in education
Business with income of more than 500k inr ( over 7 years)
Job over 200k ( over 4 years) pay stubs, form 16, ITR were attached,
International Tour ; Recently visited to China for Business purpose
Including Bank statement ( business account) Salary account and other accounts were attached ( over 28k cad)
has a property over 50 Lac in India
Has old parents, who had been to canada once and returned to India before the time.

shown reasons to come back to India are , Old parents who are dependent on him also business, property and job.

I have taken all responsibility to sent him back on my Notrized Letter of Invitation.

the rejection reason is : he will not return to india, after his stay!!!

what else I can show, so they can understand that he will go back to India.

would MP's letter of support help ?

Please advise ?

Regards,
BhaveshShah

 

[scylla]

Hi Folks,

here are the details:

I am PR, living in canada for over 7 years, working as a manager making around 80k CAD , have a balance of 20k CAD, Invited my brother to visit canada, actually we (both brothers) want to go on road trip from Toronto to Vancouver.

My brother has masters degree in education
Business with income of more than 500k inr ( over 7 years)
Job over 200k ( over 4 years) pay stubs, form 16, ITR were attached,
International Tour ; Recently visited to China for Business purpose
Including Bank statement ( business account) Salary account and other accounts were attached ( over 28k cad)
has a property over 50 Lac in India
Has old parents, who had been to canada once and returned to India before the time.

shown reasons to come back to India are , Old parents who are dependent on him also business, property and job.

I have taken all responsibility to sent him back on my Notrized Letter of Invitation.

the rejection reason is : he will not return to india, after his stay!!!

what else I can show, so they can understand that he will go back to India.

would MP's letter of support help ?

Please advise ?

Regards,
BhaveshShah

A letter from an MP will be of no help. The letter where you took responsibility for him doesn't help either.

How long a trip did he request to Canada? Did he include property ownership papers? Did he include a letter of leave from his employer? Has he previously traveled to any countries requiring visas such as the US and UK?

 

[oldenuf]

when did you submit the application?

 

[bhaveshmailin]

We did submitted letter of leave from employer
he has not travelled to US or UK only to China, and Indians need visa for China as well.
yes we submit proof of ownership of property

we submitted application on 15dec, 2018 and on 20th we got the refusal.

the only reason was mentioned in refusal letter was "He would not return to India!"

He only asked visa for a month! thats all

please help!

 

[bhaveshmailin]

any help would be highly appreciated. please advice

 

[Bryanna]

I am PR, living in canada for over 7 years, working as a manager making around 80k CAD , have a balance of 20k CAD,

Your finances are secondary.

Invited my brother to visit canada, actually we (both brothers) want to go on road trip from Toronto to Vancouver.

Did your brother submit a detailed day-by-day plan for this road trip + did he prove he has the finances to afford this road trip including hotels, travel (in addition to airfare for the return flights to India)?

Business with income of more than 500k inr ( over 7 years)

Business income cannot be shown as personal income because it includes costs for operating the business, taxes, etc,

Did he prove his business is actively trading?
Is it a sole proprietorship? Does he own this business alone?
Did he submit proofs for the business registration, business tax returns, etc?

Job over 200k ( over 4 years) pay stubs, form 16, ITR were attached,

His salary is extremely low salary if the currency is INR. This would also be pre-tax salary, right?

International Tour ; Recently visited to China for Business purpose

It is extremely easy for Indians to get business visas to visit China, sometimes in about 1-2 days.

Including Bank statement ( business account) Salary account and other accounts were attached ( over 28k cad)

Again, business bank balances cannot be included for a personal visit abroad especially if it is a sole proprietorship business.

Does your brother have any financial investments?
Does he have credit cards (not debit cards)?

has a property over 50 Lac in India

Did he purchase this property with his own finances or was it recently transferred to him by another family member?

 

[bhaveshmailin]

We did not shown the day to day plan but shown rough plan for road trip from Toronto to Vancouver via banff Jasper and Lake Louis .

Also ,yes he has submitted proof of business ragistration, Income Tax Return for last 3 years ,personal account with over 25k CAD ownership proof of house which he bought about 5 years back from Builder.

Showing total of 28K cad + fixed deposit of 3 LAC which is two year old !

I also submitted my financial documents ( 20 K CAD ) my T4s my offer letter. My affidavit to support him with his expenses and assurance to send him back once he will be done with his trip!



What else should put ?

Please advise!

Regards

 

[Bryanna]

We did not shown the day to day plan but shown rough plan for road trip from Toronto to Vancouver via banff Jasper and Lake Louis .

Also ,yes he has submitted proof of business ragistration, Income Tax Return for last 3 years ,personal account with over 25k CAD ownership proof of house which he bought about 5 years back from Builder.

Showing total of 28K cad + fixed deposit of 3 LAC which is two year old !

I also submitted my financial documents ( 20 K CAD ) my T4s my offer letter. My affidavit to support him with his expenses and assurance to send him back once he will be done with his trip!



What else should put ?

Please advise!

Regards

Again, business finances cannot be included as available funds for a personal visit. It is also easy to see that the math does not add up whether it is the purchase of your brother's property or the bank balance in his savings account... if one considers his salary + his business income

 

[bhaveshmailin]

Firstly, Thanks a Lot Brayana for the reply.

Secondly, His business is ( sole Proprietorship), also his majority of funds are ( over 22k cad ) in his personal accounts. if they dont want to consider the property what are the options ?

now what would bring the change to our case ? should I go to MP to get involved and support letter ?

what should i add in the file which will get my brother visa ?

Please advise.

 

[mas123]

Hi Folks,

here are the details:

I am PR, living in canada for over 7 years, working as a manager making around 80k CAD , have a balance of 20k CAD, Invited my brother to visit canada, actually we (both brothers) want to go on road trip from Toronto to Vancouver.

My brother has masters degree in education
Business with income of more than 500k inr ( over 7 years)
Job over 200k ( over 4 years) pay stubs, form 16, ITR were attached,
International Tour ; Recently visited to China for Business purpose
Including Bank statement ( business account) Salary account and other accounts were attached ( over 28k cad)
has a property over 50 Lac in India
Has old parents, who had been to canada once and returned to India before the time.

shown reasons to come back to India are , Old parents who are dependent on him also business, property and job.

I have taken all responsibility to sent him back on my Notrized Letter of Invitation.

the rejection reason is : he will not return to india, after his stay!!!

what else I can show, so they can understand that he will go back to India.

would MP's letter of support help ?

Please advise ?

Regards,
BhaveshShah

Hi brother apply for judicial review with good lawyer u definitely gona get visa
Thank u its happen with my relative to after judicial review they approve visa

 

[mas123]

Hi Folks,

here are the details:

I am PR, living in canada for over 7 years, working as a manager making around 80k CAD , have a balance of 20k CAD, Invited my brother to visit canada, actually we (both brothers) want to go on road trip from Toronto to Vancouver.

My brother has masters degree in education
Business with income of more than 500k inr ( over 7 years)
Job over 200k ( over 4 years) pay stubs, form 16, ITR were attached,
International Tour ; Recently visited to China for Business purpose
Including Bank statement ( business account) Salary account and other accounts were attached ( over 28k cad)
has a property over 50 Lac in India
Has old parents, who had been to canada once and returned to India before the time.

shown reasons to come back to India are , Old parents who are dependent on him also business, property and job.

I have taken all responsibility to sent him back on my Notrized Letter of Invitation.

the rejection reason is : he will not return to india, after his stay!!!

what else I can show, so they can understand that he will go back to India.

would MP's letter of support help ?

Please advise ?

Regards,
BhaveshShah

Fedral court

 

[bhaveshmailin]

I appreciate all replies to my question. I would even appreciate if @mas123 you could suggest me some lawyers name who could give me some advise and can take care of our case?

 

[Buletruck]

Hi brother apply for judicial review with good lawyer u definitely gona get visa
Thank u its happen with my relative to after judicial review they approve visa

There is absolutely no guarantee he would receive a TRV from a Judicial Review. If and it’s a big “IF”, the courts chose to accept a JR, the only review if the decision made by IRCC was valid in law. Even if they find in your favour, all it essentially means is that the application is sent back to IRCC to be reassessed by a different visa officer. If the application was weak from the start, IRCC can simply refuse it again. It’s a significant amount of money to spend on a process that is long and holds no guarantee.

 

[bhaveshmailin]

There is absolutely no guarantee he would receive a TRV from a Judicial Review. If and it’s a big “IF”, the courts chose to accept a JR, the only review if the decision made by IRCC was valid in law. Even if they find in your favour, all it essentially means is that the application is sent back to IRCC to be reassessed by a different visa officer. If the application was weak from the start, IRCC can simply refuse it again. It’s a significant amount of money to spend on a process that is long and holds no guarantee.

so what should I do ? please advise

 

[mas123]

I appreciate all replies to my question. I would even appreciate if @mas123 you could suggest me some lawyers name who could give me some advise and can take care of our case?

Donal greenbum north york