Minimum Income requirement for sponsoring PR of parents

[Pierre107]

Hello,

I am here to share my frustration about my mother's 2022 sponsorship. I was invited in October 2022 to submit the PR application. Application successfuly submitted online in Dec 2022. LoA (letter of Acknowledgement) received on May 17, 2023.
May 27, 2023 I received another letter stating that I do not qualify as sponsor based on MNI. My income was accessed for the years 20219, 2020, and 2021, and I believe they are saying I do not qualify as sponsor because of my 2019 income which is $58,700 ( I did not know the MNI for 2019 was calculated with an additional 30%: https://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=1445&top=14). However, 2020 income = $69,500; 2021 = $79,775 and those 2 years don't have that additional 30% which actually overqualifies me 2020 and 2021.
I leave in Ontario, single with no kids, but I am sponsoring my mom with 2 dependents under the age of 18. That makes it a total of 3 people being sponsored + myself = 4 in the household they included in the MNI revenue assessment for the last three years prior to my application.
What I don't undertand is they, are rejecting my application on the the ground of MNI, but still stating they have sent it to a visa office overseas for processing; and that I must wait until a final decision is made before I can appeal if I want to.

One or two weeks before I received the invitation to file for my mom under the family sponsorship program, I had submitted a temporary visa application for my mom; since then I have not heard back on it. Status online says in progress - no further information required.

I am confused, and don't know where to go from here. Any advise would be greatfly appreciated.

Thanks,

 

[IMMIgroup]

I'm afraid the Minimum income levels are a hard and fast (as we say in Canada) rule. Since your average income over those years is fairly close to the MNI, you may get a favorable final decision though this is far from certain. If you do appeal, you might consider getting a letter from your employer on official letterhead stating that you will likely be receiving raises over the coming years. Again, due to the 30% they calculated, your case is complicated.

I would await a final decision and then if it is negative talk to an immigration consultant or lawyer about appealing.

 

[Pierre107]

Hi there,

Thanks for your response to my post dated back in May. I do have an update regarding my mom's file.
Sept. 19, 2023, I received an email with an attachment from IRCC requesting documentation. I am literally confused as I don't know exactly what documentation they're asking for. Here is what it says on quote:

"Requirements: Guarantor
133. (1) An officer shall grant an application for sponsorship only on proof that, from the date on which the
asks until the decision is made, the respondent both:
(j) if he or she resides,
(i) in a province other than a province referred to in paragraph 131(b),
(A) has a total income at least equal to his minimum living income, if he has filed a
Application for sponsorship in respect of a foreign national other than one of the foreign nationals referred to in
division (B),
(B) has a total income at least equal to his minimum subsistence income, plus 30 %, for each of the three consecutive taxation years preceding the date of submission of the sponsorship application, if he or she has submitted a sponsorship application to in respect of one of the following foreign nationals:
(I) one of his parents,
(II) the parent of either parent,
(III) a family member accompanying the foreign national referred to in subdivisions (I)
or (II),
Based on the information available, your sponsor (and co-signer, if applicable) has not demonstrated that they has a total income that meets the above requirements for each of the three years of consecutive taxation immediately preceding the date of filing of the sponsorship undertaking.
Specifically, your sponsor (and co-signer, if applicable) did not meet the income required for 2019. Therefore, it appears that you do not meet the conditions of section 120 of immigration laws.
Under subsection 11(1) of the Act, a foreign national must, before entering Canada provide to the visas officer proof of entry visa and any other document required by regulation. The officer may issue them on the basis of evidence, to the following an examination, that the foreign national is not inadmissible and complies with the Act.

Before I make a final decision, you can submit additional information in response to the above concerns. Information/documents must be sent by
email within thirty 30 days of the date of this letter. If you fail to comply within the prescribed deadline, the decision on your application will be based on the information in your file. Thus, your application could be refused."

Based on the above, I am not sure what document to send. As per your response above, you mentioned that I could send them a letter from my employer on official letterhead stating that you will likely be receiving raises over the coming years. The thing is I am not in good terms with my employer right now, and I am actually considering changing job - getting such letter from my employer right now, is likely impossible.

I was wondering if my NoA for 2022 could be enough to show that I will likely be meeting the minimum income levels in the coming years. Or, maybe I should relocate in the province of Quebec, get a residency address there, and get IRCC re-evaluate my minimum income levels for 2019, 2020, and 2021?

Please let me know what you think.

Your advise/comment is much appreciated.

Thanks,

 

[IMMIgroup]

Re-locating to Quebec doesn't sound like an easy solution and it will take some time. You could try it of course. Otherwise, you need to prove you have the income to support them and it appears IRCC has judged you don't. You would really need to either:

• Find some way (your spouse perhaps) to earn more income
• Provide proof of additional income