URGENT ADVISE NEEDED, HELP PLEASE!!!!!

[sungeus]

Senior members and all who have gone through same situation, please advise.

I applied for my parents immigration in 2011 and just out of curiosity I ordered gMCS notes. It says in notes section that I'm ineligible to sponsor my parents due to not meeting low cut off income.
I moved from US and had income from US considered into while calculating LiCo but now it seems like cic only considers Canadian income, I'm short 3000$ from the eligibility requirements. I had good overall 2010(including US), 2011 and all years onwards to meet LiCo. They are also calculating the days eligible from start of employment in Canada and not from the start of my stay/move in Canada.
This is so frustrating and I have no idea what to do.
I haven't got the official confirmation but it would be criminal as we have been waiting for this for 5 years.

Please advise

 

[rardhawa]

Re: Urgent Advise Needed

You could do a super visa or regular visa.

 

[scylla]

Re: Urgent Advise Needed

Senior members and all who have gone through same situation, please advise.

I applied for my parents immigration in 2011 and just out of curiosity I ordered gMCS notes. It says in notes section that I'm ineligible to sponsor my parents due to not meeting low cut off income.
I moved from US and had income from US considered into while calculating LiCo but now it seems like cic only considers Canadian income, I'm short 3000$ from the eligibility requirements. I had good overall 2010(including US), 2011 and all years onwards to meet LiCo. They are also calculating the days eligible from start of employment in Canada and not from the start of my stay/move in Canada.
This is so frustrating and I have no idea what to do.
I haven't got the official confirmation but it would be criminal as we have been waiting for this for 5 years.

There are no new rules with regards to the source of income for LICO for parent sponsorship. Only income from Canadian sources is accepted - so you unfortunately don't meet LICO for a number of years. This has been the rule for many many years now - it's not new. Additionally, in order to sponsor your parents, you must be living in Canada. This requirement has also been in place for many years now. So there are two requirements for sponsorship that you no longer meet and therefore no longer qualify to sponsor your parents. You should be expecting a refusal with no grounds for appeal. You will have to reapply once you have returned to Canada, have started working here again, and once again meet LICO.

 

[sungeus]

Re: Urgent Advise Needed

There are no new rules with regards to the source of income for LICO for parent sponsorship. Only income from Canadian sources is accepted - so you unfortunately don't meet LICO for a number of years. This has been the rule for many many years now - it's not new. Additionally, in order to sponsor your parents, you must be living in Canada. This requirement has also been in place for many years now. So there are two requirements for sponsorship that you no longer meet and therefore no longer qualify to sponsor your parents. You should be expecting a refusal with no grounds for appeal. You will have to reapply once you have returned to Canada, have started working here again, and once again meet LICO.

I have always lived in Canada since I applied for my parents. In the notes, they are counting my eligible days from the date of my first employment in Canada and not from the date that I have been there, there is about 25 days difference and if they consider those days and my yearly income division, i do meet the criteria, any thoughts?

I think it is criminal of CIC to let know of such things 5 yrs ( NOT months) after I applied, parents are not getting any younger..

They only mention the word Canadian sources once in the whole application, if this is so important, this should be in BOLD letters

Would an appeal work in this case?

 

[rardhawa]

You should have used a professional. Like an immigration consultant. They would have explained this to you.

 

[truesmile]

Re: Urgent Advise Needed

I have always lived in Canada since I applied for my parents. In the notes, they are counting my eligible days from the date of my first employment in Canada and not from the date that I have been there, there is about 25 days difference and if they consider those days and my yearly income division, i do meet the criteria, any thoughts?

I think it is criminal of CIC to let know of such things 5 yrs ( NOT months) after I applied, parents are not getting any younger..

They only mention the word Canadian sources once in the whole application, if this is so important, this should be in BOLD letters

Would an appeal work in this case?

No. The reason for refusal is not appealable. The appeal will lose also. The whole application and every requirement is important. Shall we get a petition going to have them BOLD the whole thing?!

 

[soonihope]

Senior members and all who have gone through same situation, please advise.

I applied for my parents immigration in 2011 and just out of curiosity I ordered gMCS notes. It says in notes section that I'm ineligible to sponsor my parents due to not meeting low cut off income.
I moved from US and had income from US considered into while calculating LiCo but now it seems like cic only considers Canadian income, I'm short 3000$ from the eligibility requirements. I had good overall 2010(including US), 2011 and all years onwards to meet LiCo. They are also calculating the days eligible from start of employment in Canada and not from the start of my stay/move in Canada.
This is so frustrating and I have no idea what to do.
I haven't got the official confirmation but it would be criminal as we have been waiting for this for 5 years.

Please advise

You may still have a chance

When you applied in 2011 the old rules allowed you to apply if you met the income requirement in the twelve months before the date of your application submission.
This is different to the new rules.
I don't know when in 2011 you applied, but let's say for example it was 1st August 2011 then either you needed to show LICO for 2010 using option c printout and income on line 150.
Or just using pay stubs your income for the 12 month period before your application date if your line 150 was less than LICO but you had earned enough to qualify in the last 12 months,so in my example it would be your Canadian income from 1st August 2010 to 31 July 2011.
In those days you could apply all year around and not just in Jan as with the new application process and also income was only required for only 1 year prior to the application.

One of the biggest difference in those days was your income proof was not just the annual NOA or option c printout but also the pay stubs for the actual previous 12 months before you applied.

Therefore if you can prove that in the 12 months before your application date you had sufficient Canadian income to meet the LICO level you still have a chance.

Don't forget your file is being assessed by the old rules not the new ones and not many people applying now will be aware of the old rules.

It would be great if you could get hold of an old application guide where details of income were mentioned back in 2011.

 

[soonihope]

The old guide used to state under minimum income either:

Calculation of income based on the option c printout

OR

Calculation of income based on the preceding 12 months

 

[Rob_TO]

When you applied in 2011 the old rules allowed you to apply if you met the income requirement in the twelve months before the date of your application submission.

I think the problem here is that the OP's income for 12 months proceeding his application submission, included income earned while living in the US.

So the question is, under the old rules did CIC allow foreign income earned while not residing in Canada as proof of income? I don't think they did. So if they don't count his US income towards LICO and he needs that to meet LICO for the 12 months preceding his application submission, then the entire app would be rejected based on it not being eligible as of the day he applied.

 

[soonihope]

I think the problem here is that the OP's income for 12 months proceeding his application submission, included income earned while living in the US.

So the question is, under the old rules did CIC allow foreign income earned while not residing in Canada as proof of income? I don't think they did. So if they don't count his US income towards LICO and he needs that to meet LICO for the 12 months preceding his application submission, then the entire app would be rejected based on it not being eligible as of the day he applied.

I just looked at the old IMM 5196 E (sponsor's guide) and to be honest could not find anywhere the exclusion of overseas income mentioned.

I have attached a link to the old guide which would be applicable to the OP. The pages from 20-23 are regarding income and I could not find the exclusion of overseas income anywhere.

Here is the link to the old guide:

http://overseastudent.ca/migratetocanada/immforms/IMM5196E.pdf