Ineligible to sponsor elderly father...

[confusedwithquestions19]

Hello all,
I would really appreciate your advice. I recently received a letter from IC that I am ineligible to sponsor my father because we do not meet MNI for 2014 by 2 thousand dollars. However, this is not accurate - my husband worked as a contractor in IT and generated income that certainly exceeds MNI. I think the confusion came from the fact that he worked with a company (and received a salary) that totalled 40k for a few months, but the rest of the time, ironically, he worked for the Government of Canada as a contractor. So his 'company' received the money technically, but the company is just him.

We were told that our application has been referred to the New Delhi office. What would you suggest is the best way to proceed? Right now, it is very hard on us to take him back to India and bring him back to meet the 6 month requirement. A friend suggested we reach out to a lawyer and explore other options, including a mercy petition (my father is a widower and needs to be monitored)

Thank you

 

[mikeymyke]

Did he report the extra money on his taxes?

 

[Rob_TO]

So his 'company' received the money technically, but the company is just him.

I believe IRCC was correct to reject the application. On paper if he's incorporated the company received the income, not him personally. In these cases the "company" needs to pay the individual, so the individual can report the income in their personal income tax return to qualify for MNI.

You could try doing a CRA re-assessment of tax year 2014, with the required income filed as personal income and not company income. Then submit the updated 2014 tax info to IRCC.

If the PR app is eventually rejected, you could then try an appeal based on the corrected 2014 income tax filing.
OR as long as your father is inside Canada at the time you could abandon the app under PGP and try a H&C application instead. Though I would exhaust the PGP app first before attempting this since in general H&C apps have lower rates of success.

 

[scylla]

Hello all,
I would really appreciate your advice. I recently received a letter from IC that I am ineligible to sponsor my father because we do not meet MNI for 2014 by 2 thousand dollars. However, this is not accurate - my husband worked as a contractor in IT and generated income that certainly exceeds MNI. I think the confusion came from the fact that he worked with a company (and received a salary) that totalled 40k for a few months, but the rest of the time, ironically, he worked for the Government of Canada as a contractor. So his 'company' received the money technically, but the company is just him.

We were told that our application has been referred to the New Delhi office. What would you suggest is the best way to proceed? Right now, it is very hard on us to take him back to India and bring him back to meet the 6 month requirement. A friend suggested we reach out to a lawyer and explore other options, including a mercy petition (my father is a widower and needs to be monitored)

Thank you

The income his company received cannot be counted as part of the minimum income requirements. Only the income he was personally paid and that he claimed in his personal income taxes can be counted. So it sounds like the application was correctly refused...

Applying for PR through H&C is certainly an option - however you'll need to wait for the parent sponsorship application to be refused first.