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Author Topic: Refusals due to income and medicals  (Read 1190 times)
d3
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« on: May 03, 2011, 02:36:25 pm »

"Refusals due to income and medicals

You will be asked to provide information about your income but you will not be denied to sponsor your spouse and dependent children because you do not make enough money.  It is possible though that if you make absolutely no money at all that immigration may ask you how you plan to support yourselves.

Spouses and dependent children are also exempt from the clause about excessive demand on health care so you do not have to worry about them being refused for that reason."

What I don't understand is, what is going on with having income requirements should I be sponsoring my partner's child when I can't be refused for not making enough money. Same goes for the medicals... why bother if these persons cannot be denied due to excessive demand on health care. Both of these requirements seem to be rather redundant to me.

What have been your experiences with these issues?
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RobsLuv
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Posts: 1824
Ratings: +121
Category........: FAM
Visa Office......: Buffalo
App. Filed.......: Original:14Mar2007; Reprocess began after appeal:26Apr2010
Doc's Request.: Original:9May'07; Reprocess:7May'10
AOR Received.: Original:28Apr'07; Reprocess:26Apr'10
File Transfer...: n/a
Med's Request: Reprocessing:7May2010
Med's Done....: Jun2010
Interview........: n/a
Passport Req..: 30Nov2010!!
VISA ISSUED...: 31Dec2010!!
LANDED..........: 31Jan2011

« Reply #1 on: May 03, 2011, 02:43:53 pm »

It does seem a bit ridiculous to require medicals when a spouse/common-law partner or dependent child is excessive demand exempt - but there are some conditions that can make these family members medically inadmissible, at least temporarily.  Any condition that poses a threat to Canadian public health or safety can make even a spouse or dependent child inadmissible - at least until that condition is taken care of.

As far as minimum income exempt - I just replied to this issue in another thread.  While it's true that spousal sponsorships are minimum income exempt, you should be able to show that you have a job because you do sign an "undertaking" to provide for the basic needs of your sponsored family member.  If it appears you have no way to do that - and that your family member will be "unable or unwilling" to support themself - the ap can be refused under A39.  This is not common in spousal sponsorships, but it does happen - although usually it's when a sponsor is living abroad and cannot demonstrate that they (or their sponsored partner) will be able to find work when they return to Canada.

A39: "A foreign national is inadmissible for financial reasons if they are or will be unable or unwilling to support themself or any other person who is dependent on them, and have not satisfied an officer that adequate arrangements for care and support, other than those that involve social assistance, have been made."

The key point here is the social assistance piece - Immigration Canada is obligated not to allow anyone to immigrate when it appears that their only means of support, once they land, will be social assistance.  The whole purpose of "sponsoring" is to provide for the needs of your family members so that your government doesn't have to.  If a sponsor cannot do that, the application can be refused under financial inadmissibility.
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Married 9'06, ap sent 3'07 & refused in 1'08 due to inadmissible son.  Won appeal 1'10.  Back in process 4'10, new meds req 5'10 - submitted in June.  New FBI submitted 8'10  Approved 30Nov2010! COPR recd 05Jan2011. LANDED 31Jan2011 YAY!
d3
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« Reply #2 on: May 03, 2011, 02:50:48 pm »

Thank you so much for your reply.
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Amy612
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Posts: 336
Ratings: +2
Category........: FAM
Visa Office......: Singapore
App. Filed.......: 26-09-211
File Transfer...: 4-1-2012
Med's Done....: 4-9-2011

« Reply #3 on: July 17, 2011, 04:45:17 am »

Dear all,
I would like to sponsor my son and husband just after arriving in Canada. I have no job or no source of income there. I didnt file my tax in Canda ever. I was living out of canada after landing as PR. NOw can I apply for thenm stating that I will find a job and I have sufficient savings in bangladesh to sponsor them? Will it be ok for the? Or I will be refused?
Regards
Amy
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chelley
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Posts: 766
Ratings: +54
Category........: FAM
Visa Office......: Kingston Jamaica
App. Filed.......: 02-10-2009
File Transfer...: 11-11-2009
Passport Req..: 22-02-2010
VISA ISSUED...: 04-03-2010

« Reply #4 on: July 17, 2011, 06:56:25 am »

First, were you married to your husband when you applied and landed in Canada to gain PR status? I've read a couple of your posts and it sort of sounds as if that was the case...



If you were not married to him when you applied (and were not in a common-law relationship), how long ago did you land? And how long have you been gone?

If you didn't include this person in your application and you were married to or living (for 12m) with him, you will not be able to sponsor him... To maintain your PR status, you must have lived in canada for 2 of the past 5 years... If either of those situations apply to you, your problems are bigger than not having an income...
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Kedeisha
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« Reply #5 on: July 17, 2011, 08:58:28 am »

Dear all,
I would like to sponsor my son and husband just after arriving in Canada. I have no job or no source of income there. I didnt file my tax in Canda ever. I was living out of canada after landing as PR. NOw can I apply for thenm stating that I will find a job and I have sufficient savings in bangladesh to sponsor them? Will it be ok for the? Or I will be refused?
Regards
Amy

you might be refused as you have not fulfilled your residency requirement of your PR Card
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September 2011: http://goo.gl/oxFDn
margrey
Full Member
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Posts: 39
Ratings: +1
Category........: FAM
Visa Office......: Guatemala
App. Filed.......: 07-02-2011
Doc's Request.: e-mail 26-05-2011, sent doc 07-06-2011
AOR Received.: 15-04-2011
File Transfer...: 14-03-2011
Med's Done....: 15-01-2011
Passport Req..: E-mail 26-05-2011, sent pastport on 07-06-2011
VISA ISSUED...: DM July 07, 2011, PP to pick it up on July 19, 2011

« Reply #6 on: July 17, 2011, 09:40:13 am »

Always I have the curiosity to ask, what happen when the sponsor go on welfare after ther family arrive in Canada, is no my case, I have a good job, but when I read the threads, only talk about the sponsor no to be on social assistance, or the undertaking is signed to the people sponsored can be on social assistance, but what realy happen if the sponsor enter on social assistance, even with their family as dependant. Always is a talk about if the family split an so on, but what about of economical hardship before the three yeas of the undertaking is over? As say it is hypotetical curiosity, no a real situation.
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margrey. ECAS UPDATE ON SUNDAY JULY 10, 2011, IN PROGRESS JULY 7, 2011
Amy612
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Posts: 336
Ratings: +2
Category........: FAM
Visa Office......: Singapore
App. Filed.......: 26-09-211
File Transfer...: 4-1-2012
Med's Done....: 4-9-2011

« Reply #7 on: July 17, 2011, 05:37:50 pm »

First, were you married to your husband when you applied and landed in Canada to gain PR status? I've read a couple of your posts and it sort of sounds as if that was the case...



If you were not married to him when you applied (and were not in a common-law relationship), how long ago did you land? And how long have you been gone?

If you didn't include this person in your application and you were married to or living (for 12m) with him, you will not be able to sponsor him... To maintain your PR status, you must have lived in canada for 2 of the past 5 years... If either of those situations apply to you, your problems are bigger than not having an

 income...

I was married to him at the time of my application. He was included as a family member and did his medical. I and our daughter got immigration and landed may 2009. After one month we came back home and my son was born last year. I fulfill the residency requirement as 2 yrs of the last five yrs. I should return Canada before may 2012.
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Canuckfever
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Posts: 25
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Category........: FAM

« Reply #8 on: July 19, 2011, 12:21:31 am »

once the family is in canada, and got an ordeal to dealt with since they entered as a PR Visa but unfortunately seeks help with the government.. THEY ARE NOT ALLOWED TO SPONSOR ANY OTHER FAMILY MEMBERS UNTIL SUCH TIME.
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03/29/11 app sent CPC-M
04/26/11 DM sponsor
04/29/11 received approval letter
05/10/11 CE-M received PR app
05/19/11 received AOR PPR AAF
05/19/11 sent PP AAF
06/19/11 in process
06/19/11 MED results received
07/04/11 DM PR
Amy612
Hero Member
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Posts: 336
Ratings: +2
Category........: FAM
Visa Office......: Singapore
App. Filed.......: 26-09-211
File Transfer...: 4-1-2012
Med's Done....: 4-9-2011

« Reply #9 on: July 19, 2011, 01:42:19 am »

First, were you married to your husband when you applied and landed in Canada to gain PR status? I've read a couple of your posts and it sort of sounds as if that was the case...



If you were not married to him when you applied (and were not in a common-law relationship), how long ago did you land? And how long have you been gone?

If you didn't include this person in your application and you were married to or living (for 12m) with him, you will not be able to sponsor him... To maintain your PR status, you must have lived in canada for 2 of the past 5 years... If either of those situations apply to you, your problems are bigger than not having an income...
We were married before I applied for PR. So I include him as a non accompanaying family member and he did his medical that time. I and our daughter landed in May 2009 and returned home just after one month. Our son was born last year. So now I would like to sponsor my husband and son. As per residency requirements, I didnt exceed the time. I landed in May 2009. So I have to back before April 2012.
So can I apply for sponsorship showing some deposit in canadian bank, and rest of the money from Bangladesh interms of bank statement? As I didnt file tax in canada, but I filed tax in Bangladesh, can I show this documents? Please advice me...
Amy
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Morena
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Posts: 162
Ratings: +2
Category........: FAM
Visa Office......: Buffalo
App. Filed.......: 23-02- 2011
Doc's Request.: 29-03-2011
AOR Received.: 13-07-2011
File Transfer...: 23-03-2011
Med's Done....: 21-09-2010
Interview........: waived
Passport Req..: 20-10-2011
VISA ISSUED...: 9-11-2011
LANDED..........: Soon!!!

« Reply #10 on: July 19, 2011, 01:18:24 pm »

We were married before I applied for PR. So I include him as a non accompanaying family member and he did his medical that time. I and our daughter landed in May 2009 and returned home just after one month. Our son was born last year. So now I would like to sponsor my husband and son. As per residency requirements, I didnt exceed the time. I landed in May 2009. So I have to back before April 2012.
So can I apply for sponsorship showing some deposit in canadian bank, and rest of the money from Bangladesh interms of bank statement? As I didnt file tax in canada, but I filed tax in Bangladesh, can I show this documents? Please advice me...
Amy
[/



Did you live only one month in Canada? Am i correct? So, how the sponsorship could be possible? I think is 2 years of 5....
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App filed: Feb 23,2011
App received: Feb 24, 2011
Sponsorship approved: March 23, 2011
App received by VO: March 31, 2011
AOR: July 13,2011
In Process: Sept 6, 2011
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