Hi gangogirl, it's tough but it helps to understand what CIC is looking for in order to be successful on appeal or new application(if you decide to reapply).
1. Eventhough your husband has already been approved to sponsor you, he must continue to meet the requirements of sponsorship(read CIC website) up until the PR process for you is complete. When you 'land' in Canada, he must comply with the financial undertaking to provide for you and your dependents for 3 years. So at anytime during the process a number of things could lead to a refusal e.g.
a) sponsor(your husband) being in default of family maintenance
b) sponsor and/or sponsored spouse committing serious crimes
c) sponsor goes bankrupt, etc
2. CIC learnt he was in default, so they sent you a procedural fairness letter. This was an opportunity for you(the sponsored spouse) to satisfy them that you will be able to provide for yourself, your dependents, your husband, and his family maintenance once you are in Canada.
a) it is helpful that your in-laws are willing to allow you guys live rent-free. But how will you go about providing for food, shelter, clothing and also pay the family maintenance on time regularly?
b) if you can't do it, you are going to go on welfare and they can't turn you down. But then they will send the bill to your husband. If he is not able to keep u with $400 per month, how likely is he to keep up with much higher payments?
c) declarations about not going on welfare mean precious little to CIC. They want evidentiary support of the facts.
d) Some things CIC would have loved to see are:
- proof that your husband is actually applying for jobs in Canada
- efforts he is making to be current on family maintenance. You know, when you can't afford it, it is better for him to go to court and get the payments modified(based on his current income) than let it lapse.
- proof of your education certificates and qualifications along with an explanation of the types of jobs you can get when in Canada
- evidence of any savings/investments you have
- if you currently working, copies of your paystubs and current employment letter.
Please note that CIC can refuse a sponsored spouse based on financial inadmissibility.
3. Your husband can return to Canada alone. Find a job(preferably one which can support all of you), be current on payments and save up some money. Then you guys may have a better chance at appeal.
As an aside, if you guys are constructing a house in your home country(which can't be cheap), how is it he is behind on payments?
*Regarding your elder son, I would be mindful about potentially damaging your relationship with him. He may have plans to go to school, etc. I have seen families depend on children to work and support the family. The child then becomes a co-parent except, the parents still want to tell them what can and can't do. This is very confusing for the child. I wish you all the best.
gango girl said:
dear SenoritaBella thnx for the reply
we have already approved for the sponsorship. this is the pr process now going on. so, my husband is in my country as we are on constructions of our house here in my country. and now he is in defaults of paying family maintanence. and they have asked the financial support from my side and we have already sent how we suppose to survive while we live in canada. now again they have refused us and said that i am failed to satisfy the officer showing the financial support to ourself and now they have mentioned my husband and saying that he has not showed the financial support to ourselves by him. they did not mention him in the letter and asked from me. i think they have done a mistake and now they mentioned my husband and asking the financial support by him.
so, i dont understand why they try to refuse people for their mistakes.
and plzzzz guys clear this for me which they have mentioned in the refusal letter ....
"I am also not satisfied that you would be able to financially support yourself and your children in the short to medium term in canada and that adequate arrangements for yours and your dependents care and support, "
plzzz help me dear friends now we are going to appeal. but what we should do
i know that we have to pay the family maintenance and how much my husband suppose to earn for a month in this matter. bcoz, he has to pay $400.00 a month for the family maintenance and we have two children and one of them is a canadian citizen. and also my husband's sister who lives in canada has already given a certified letter to the CIC saying that she will give her house to us to stay once we come to canada without any rental. and also my husband's mom, two sisters and brothers live in canada and they also can help us. so how we show that they will help us once we come to canada?
please dear friends guide us by giving us ideas to show them that we are not going under the social assistance and we are truly suppose to work. me and my elder son also suppose to work in canada and we dont need to go for social assistance and we really need to live as a family in canada. why these people pushing all the genuine couples down like this way and take refugees with no problem. we have not done anything wrong to anybody and we are waiting for 3 years with this visa process. our lives going spoiled with this visa. when our loved ones live with us also they have a problem and when they not come to visit the spouse also its a problem for them. I dont know what they expect from the innocent people
please dear friends help us.......!!!!!!!!!!!!!!!!!!
