Section A39 of Immigration Act

[mamoo]

sponsoring my wife and2 kids from my first marrige their are 3 sponsorship cases in cic-Islamabad my wife and kids got their 2nd med in Sep=11
now my wife and kids got letter from visa officer saying that  under section A39 of Immigration Act the applicant is unadmissible to enter Canada as the sponsor is financlly not stable and cannot support the  person dependent on him therefore before giving  final decesion on your application you are given last chance to provide following:
Proof of financial position of sponsor i.e Job Letter, pay stubs, bank statement, last 3 years tax returns, undertaking from freinds and relatives living in Canada for financial support on arrival of family,wife's plans i,e job searchs etc. Kids education plans in Canada,

I am working in Canada since my Landing in Aug-2009. However, I am out of Canada for 6 months in 2010. However,in my present job I am earning $2300 p.m.

I have already submitted required documents but not understand way they asked these docs as in spousal and kids cases there is no income requirement, Can anyone tell me that in that case is there any chance of the case refusal. I never been on any sort of financial assisstance from Govt of Canada.

[sidkrose]

While there may not be an income requirement for spouses and dependants, the VO does need to be convinced that it is possible for you all to support yourselves without resorting to social assistance. If they cannot see a way that you will support yourself they will ask you to provide evidence that you have a realistic plan in place to support yourself without government assistance.

Paraphrasing, A39 says that an applicant may be refused if the VO is not convinced that they are willing/able to support themselves/be supported by sponsor.

[scarycemetery]

39. 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.

I think you're good. As long as they think you won't be needing/taking money from social assistance, you'll be accepted.

[hambzik]

sponsoring my wife and2 kids from my first marrige their are 3 sponsorship cases in cic-Islamabad my wife and kids got their 2nd med in Sep=11
now my wife and kids got letter from visa officer saying that  under section A39 of Immigration Act the applicant is unadmissible to enter Canada as the sponsor is financlly not stable and cannot support the  person dependent on him therefore before giving  final decesion on your application you are given last chance to provide following:
Proof of financial position of sponsor i.e Job Letter, pay stubs, bank statement, last 3 years tax returns, undertaking from freinds and relatives living in Canada for financial support on arrival of family,wife's plans i,e job searchs etc. Kids education plans in Canada,

I am working in Canada since my Landing in Aug-2009. However, I am out of Canada for 6 months in 2010. However,in my present job I am earning $2300 p.m.

I have already submitted required documents but not understand way they asked these docs as in spousal and kids cases there is no income requirement, Can anyone tell me that in that case is there any chance of the case refusal. I never been on any sort of financial assisstance from Govt of Canada.

When you say "sponsoring my wife and2 kids from my first marrige "  you mean you have married again? if yes, that may be an issue, if no, you need to submit your proof of income and bank statements and tax papers. However, $2300 may not be enough to support a family of 4, thats what VO might be thinking. I would suggest you to talk to a lawyer and see what they suggest.

[Amy612]

When have you applied for the sponsorship? Have you sent them your job letter and pay stubs when you applied? Do they already know your up to date financial condition? I think 2300 is good to go for a spousal and dependent child sponsorship. Dont worry. Just send the documents they want.
Just share your update, so that people can know about this A39 act.

[mamoo]

thanks everybody here is contents of reply of letter sent to cic-isl by my wife  maybe helpfull for others
Dear Sir/Madam,

With reference to your three letters dated . Enclosed please find:

1- letter from employer along with paystub for last three month.
The employment letter confirms my husband's employment with XYZ CO.  ( the service provider for Rogers Communications No-1 cable and communication company in Canada) as Field Technician from  08-08-2011.  The employment letter confirms that my husband income is $2,300 per month.. It may be relevant to add that his earning will go up substantially when he completes six months in this company- to about $ 3,500/- per month- considering what his colleagues  are making right now. His trainer with 4 years experience in the company makes around $5,500 per month, plus medical and dental benefits. This clearly means that my husband has a very well paid job and bright future prospect.
Further the record of employment of my husband last job with ABC CO. is also enclosed where his last six month salary was $ 12,000/-.

2-Letter from WWW Suites
The letter confirms that my husband provides housekeeping and cleaning services to his previous employer, W Suites on his off days from his regular job. WWW Suites is a short term rental business operating 20 luxury furnished apartments in Mississauga and Toronto. My husband earns approximately $600 per month from this business. As such his income works out to be about $ 3,000 per month which is more than enough to support us.

3-Bank reference letters  of TD Trust Canada along with bank statement
The bank reference letters confirm that my husband is a client in good standing with TD Bank Canada and the bank letter reflects a balance of $9,924 in my husband's bank accounts which includes his salary and our savings. Moreover he has a credit limit of $ 16,000, including Cash Advance Limit ($7,500) TD Visa Card ($ 1,000), Scotia Visa Gold Card ($5,000) As such my husband has excess to about $ 23,000 which, in my opinion, is enough to take care of our needs.

              4- My own savings
I will also bring substantial amount of money to Canada from my personal savings.
(about $ 5,000).


5-CRA Notice of Assessment for 2009 and 2010
Notices of Assessments from Revenue Canada for my husband are attached, as required.

       6- Support letters from Friends and Family in Canada (As required).
•   Affidavit of Sy(My husband's Friend) an along with his income tax return for 2010 as proof of income.
•   Affidavit of Support from Adn (My husband's Friend) – an Entrepreneur  & Property Agent along with his Scotia Bank statement.

       7-My Future Plans in Canada.
I am a university graduate and fluent in English. I have more than 9 years experience in the field of Administration and Education. I am confident that I will be able to integrate into the Canadian society and find a job soon after I arrive in Canada and contribute financially towards our household.  Please note that I can assist my husband in his house keeping business which is already generating income for him. With my help, I am sure we can increase our business revenues further by adding more clientele to our portfolio. I have also actively started searching for jobs in the Mississauga/Brampton area and have posted my resume on monster.ca, workopolis.ca and jobsearch.ca and am actively researching the job market in Canada (Copies of some responses are attached). My husband's friends have also committed to help me find a job.

       8- Children Schooling in Canada.
My husband has contacted the area school and the Peel District School Board for our children's education. He was informed that once children are here in Canada, they will require an assessment. Documents required by them include proof of date of birth, school certificates and record of immunization which we already have with us. Since our children are studying in English Medium reputed schools in Pakistan and are fluent in English, therefore we believe that they will be able to settle down in their schools in Canada.

9-My Husband's Affidavit as the Sponsor
An undertaking by my husband is also attached.

In view of the above, it is submitted that my husband has a  well paid job, ample funds in cash, and resources to support our family.  I myself am also able and willing to contribute financially by working as soon as I settle down in Canada and arrange a baby sitter for my daughter ( who is 2 years old).

I and my children have been separated from my husband for the last 20 months and it is requested that we be allowed to re-unite as a family as soon as possible, so that we can support each other emotionally and financially. I and my husband are both confident   that we are able to take care of ourselves and our children without resorting to any kind of financial aid from the Government.

You are requested to please issue us immigrant visas.

[kuku]

wow !!!

Wonderfully written and explained !!  I am pretty sure that the officer will be very much convinced after reading this letter and will have no issue granting your family a visa.

[Kedeisha]

wow !!!

Wonderfully written and explained !!  I am pretty sure that the officer will be very much convinced after reading this letter and will have no issue granting your family a visa.

How do u get to that conclusion based on a letter?

[Mrslwsn]

Well, if all that is needed to convince a IO I am in big trouble, because I as the sponsor do not earn more than 7,000 a year. So hopefully every case different.

[Kedeisha]

Well, if all that is needed to convince a IO I am in big trouble, because I as the sponsor do not earn more than 7,000 a year. So hopefully every case different.

Every case is different so there may have been a reason why this applicant decided this letter was needed as it has been proven in the past letters are optional whether they be the relationship essays or support letter for married spouses, but mandatory for common law

[kuku]

if she has attached enough and authenticated proofs of all whatever she has mentioned on this letter then i don't see any reason for not issuing a visa..

Spousal sponsorship is exempt from income requirement at first place..if they can approve a case where a person is not working at all who is sponsoring only a spouse then this guy is making >>30k per year which is enough for family of 4 and spouse is also highly educated who can help the family financially..

So basically i do not see  financial stability as a reason for the rejection if there is no other issue.

[rjessome]

How do u get to that conclusion based on a letter?

It actually is a good letter and if all of the supporting documents are included as written, it should satisfy the officer's requirements.

[kuku]

Every case is different so there may have been a reason why this applicant decided this letter was needed as it has been proven in the past letters are optional whether they be the relationship essays or support letter for married spouses, but mandatory for common law

I am an example where sponsorship has been approved with 0 income.

[Kedeisha]

I am an example where sponsorship has been approved with 0 income.

Good for u see everyone is different

[Admirable]

I am an example where sponsorship has been approved with 0 income.

What evidence did you provide in your app?