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Hindex

Member
Mar 11, 2011
16
0
Me(21) and my sister(15) came to visit our father in Vancouver. After a while some decisions were made and we want to stay inside Canada. We got all the documents in these two and a half months but we have problems with income requirement. Actually, i am not sure i understand the law. Some people say that the financial requirement is waived for children and spouses and some say that he needs to have 48,000.00 CAD annual income for him to sponsor us. What is the actual truth here. We need the answer quickly as our visa expires in 4 months and we are not sure it will be done in 2 months.
 
How did your father got his PR and/or cititzenship? If he is citizen at the time you and your sister were born, you and your sister can apply for canadian citizenship. If he is PR, did he include you and your sister in his non-accompany family member list? If not, you and your sister cannot be sponsored.
 
He got his PR by getting married for second time. He got it in 2007. Now he is divorced. We are his children (only children he has) from his first marriage in Europe. He says he did put a notice that we r his children in additional family info and stuff cuz it was required anyway for legal reasons. I dont think there should be a problem with that. What concerns me is if the law is still the same from 2010. Like, does he need to have that 48k$ anual income for us or not. Cuz it was flagged on this forum that it s not needed and I am just not sure for this year. I aint sure for anything, just got here and still in learning process about this whole thing.
 
Hi

Hindex said:
He got his PR by getting married for second time. He got it in 2007. Now he is divorced. We are his children (only children he has) from his first marriage in Europe. He says he did put a notice that we r his children in additional family info and stuff cuz it was required anyway for legal reasons. I dont think there should be a problem with that. What concerns me is if the law is still the same from 2010. Like, does he need to have that 48k$ anual income for us or not. Cuz it was flagged on this forum that it s not needed and I am just not sure for this year. I aint sure for anything, just got here and still in learning process about this whole thing.

1. There is no financial requirements for sponsorship of dependent children, other than the sponsor can't be on welfare. Note your father has to have legal custody of your sister.
2. The million dollar question is, did you and your sister have the Immigration medical exams? If not, then he can't sponsor you, as you are no longer members of the family class.
3. Just an addition, he will be unable to sponsor your mother either.
 
Ok, we have done the medical examination here in Canada. Thank god we dont need minimum financial requirements. We have printed the T1 and T4 just in case to attach for normal income. everything else is done as i have said. My papers are ready to be processed then. Thank you so much for this. May god bless you
 
Hindex -

That's not what PMM is asking.

Were you and your sister included in your father's original PR application and were you medically examined as part of this application? This is very important.
 
If, at the time your father became a PR of Canada he did not declare you as his dependents, you are no longer eligible for sponsorship.

Do you or your sister recall having medicals done in your home country?....if not then he is unable to sponsor you or your sister.

Does your father have a legal custody for your sister? If not, he is unable to sponsor her.

Financial requirements are the least of your problems. From what I can deduct from your post, neither you nor your sister are legally able to be sponsored to stay in Canada.
 
When he applied for PR in 2007, he should have listed you in additional family information AND on his own immigration application as his dependent children.

You would have been asked to take medical exams for immigration at that time. If you were not asked, then he either:

1) did not include you which is misrepresentation and could cost him his own PR

or

2) he included you but told immigration that he could not get your medical exams because you were either refusing or you were in the full custody of your mother who was refusing in which case they would have made him sign a statement saying that he would never be able to sponsor you.

In either case, 1 or 2, he will not be able to sponsor you.

If you did have medicals in 2007, then he will be able to sponsor you and there is no income requirement but for the younger sister, he would need full custody or permission by her mother.
 
Ok, here s the picture : We were moving alot through these last 8 years and the probability that the we got the letter is 0.00% in other words, none of my family members knows about this, not even my mom who is the masterbrain in the family. In second picture i have now in my hands the copies of my dads immigration papers and he did put us in additional family info and his sponsor (his second wife) has put us in her Apllication to sponsor and undertaking under line : Non - accompanying dependants of the sponsored person.
Then again, my father did not sign any agreement that says he is not going to sponsor us. The only thing he did was sending the papers and getting his card. He is very serious about this so i dont think he has done anything stupid like that.
That s the story.
 
I aint sure about the examination though since none of us recalls the letter. But there is something blurry about it because we were supposed to go to Canada in 2007 but were declined cuz the sponsor (my aunt) was already sponsoring someone and on the other hand my dad couldnt sponsor us then because he was still being sponsored. His wife couldnt sponsor us cuz she was sponsoring her parents and my father at the same time. So...what now
 
One last thing...This post about examination has caught my eye a bit more than usual because i recall seeing the requirement somewhere and now i know where. But in this statement it applies only for spouses, conjugal partners and common law partners... not dependant children. It says here on this page - bottom line @ cic.gc.ca/english/immigrate/sponsor/spouse-apply-who.asp

Relationships that are not eligible
You cannot be sponsored as a spouse, a common-law partner or a conjugal partner if:

you are under 16 years of age
you (or your sponsor) were married to someone else at the time of your marriage
you have lived apart from your sponsor for at least one year and either you (or your sponsor) are the common-law or conjugal partner of another person
your sponsor immigrated to Canada and, at the time they applied for permanent residence, you were a family member who should have been examined to see if you met immigration requirements, but you were not examined or
your sponsor previously sponsored another spouse, common-law partner or conjugal partner, and three years have not passed since that person became a permanent resident
 
I suppose that there is a remote possibility that a mistake was made and that they never asked him for your medicals but let him immigrate without getting them. In the operational manual for family class, see http://www.cic.gc.ca/english/resources/manuals/op/op02-eng.pdf you can read pages 12 to 14. Maybe you will find something there that you can use to your advantage.
 
Ok, good news!
There was an examination and there was a letter !
It was long time ago but we still have the papers. We had rough last 8 years so remembering this was really hard, trust me =).
In the letter it said that we should undergo medical examination and we did because they did not give him PR before they consulted us as stated in the letter.
But, we thought he could sponsor us right away after we ve done the medical and that s when it went wrong. He could not sponsor us then because he had to pick up his PR first. Then my aunt jumped in 4 months later to sponsor us which well...failed due to sponsorship obligations she already had.
Anyway, we did have medical examination then. The next problem is that me, myself dont know where my papers from that examination are. I am sure i have done it aswell but they seem lost. Will that be much of a problem or do they have in archive some confirmation ive done it as well.
 
You don't need the old papers. The fact that you were on his application then and did the medicals then, means that immigration will have a record of that which means that you can be sponsored now so you just need new medicals which you say you already had.
 
So, I am ready now right :)

Now i can say good bye hehehe

If i knew how to put points in your rep tab...i would have done it. If u tell me how, will do it too =)

I am very thankfull and if there s anything i can do for anyone in Vancouver feel free to PM me. ;D