Low Income Cut off not met for a single year

[gulerias]

I didnt meet LICO for one year after sponsoring my parents. Currently, I am able to meet LICO requirements for 2011. If my case is rejected because of previous 1 year. Do I have the power to appeal the decision? and how long does it take for the appeal?

Thanks

 

[OhCanadiana]

If they ask you to submit information for last year, send them a letter explaining why you didn't meet LICO last year as an exception and send proof (paystubs, letter from your employer) to show that you currently meet the requirements and they will consider the newest info.

 

[campana]

I know it's been a while but I was wondering if you can post what happened to your case? was it approved? Did they reject because of a 1 year low income.
I'm in a similar situation myself and would like to know if the advise given worked. I can submit proof that I meet the minimum after that year, since I was on maternity leave and that is why I couldn't meet.

 

[KloveG]

I know it's been a while but I was wondering if you can post what happened to your case? was it approved? Did they reject because of a 1 year low income.
I'm in a similar situation myself and would like to know if the advise given worked. I can submit proof that I meet the minimum after that year, since I was on maternity leave and that is why I couldn't meet.

Have you sent your application in yet? I am just about to send mine in as well. I have a son here in canada but sponsoring my husband. As a sole proprietor for a business for a couple years my income looked really low. Like 10k a year. That's not including child support, child tax etc. Which would double my income but that stuff doesn't show on your taxes and assessments. But I still got really worried about it. I recently within this year took over another business and have tripled my sales but of course taxes for 2016 aren't due yet. It does say you can submit other things so I'm thinking I will just give them bank statements and show that for the past year things have changed.

 

[BonManush]

Have you sent your application in yet? I am just about to send mine in as well. I have a son here in canada but sponsoring my husband. As a sole proprietor for a business for a couple years my income looked really low. Like 10k a year. That's not including child support, child tax etc. Which would double my income but that stuff doesn't show on your taxes and assessments. But I still got really worried about it. I recently within this year took over another business and have tripled my sales but of course taxes for 2016 aren't due yet. It does say you can submit other things so I'm thinking I will just give them bank statements and show that for the past year things have changed.

There is no income requirement to sponsor a spouse. As a sole proprietor, I submitted a Financial Statement created by my accountant. Also, submitted bank statements, Option C and Notice of Assessment...just in case.

 

[KloveG]

There is no income requirement to sponsor a spouse. As a sole proprietor, I submitted a Financial Statement created by my accountant. Also, submitted bank statements, Option C and Notice of Assessment...just in case.

Thanks for your reply . It gives me a little more confidence. I knew technically there is no income requirement however someone in another thread had me all worked up and so nervous. Their reasoning was that it is highly unlikely I would get approved even though there is no specific income requirement, because my income looks so low that nobody can afford to live off of that and support my husband.

 

[Buletruck]

I knew technically there is no income requirement however someone in another thread had me all worked up and so nervous.

I had no income for well over a year while I sponsored my wife and they didn't even question it.......you'll be fine....calm blue ocean, calm blue ocean..... 8)

 

[KloveG]

I had no income for well over a year while I sponsored my wife and they didn't even question it.......you'll be fine....calm blue ocean, calm blue ocean..... 8)

Thank you so very much! I got it... Calm ocean blue 8)
I feel sooo much better today about it all. Should be sending the app next week for sure. So exciting and now a little less stressful

 

[Buletruck]

We spent about 6 weeks gathering the documents to send in....and then "I" started stressing about every detail...finances, proof, history...kept reviewing and re-writing the applications. After the third additional week (9 weeks total) of being flustered, I came to the realization I would never send it in if I kept stressing about it. So I just mailed it in. The one thing I did learn...if IRCC (CIC) wants more information they will ask. And there's nothing to stress about until that point........back to the calm blue ocean

 

[IvoryX]

For spousal sponsorships, income is not required. Having said that, there were cases with refusals. To make a strong case, you may want to give IRCC a whole picture of your financials, your earning ability and your spouse's employable skills etc. The idea is to persuade officers you have the ability to support yourself and spouse rather than sending spouse gor welfare. If you have children, request considerarion of humanitarian and. Compassionate. That helps.
Onus is always on applicants to best present their case.

In terms of a parent sponsorship, officers must refuse the application if the sponsor fails to meet LICO. It is set in stones. Officers have no discretion. Sponsors are required to meet this financial test throughout the process. If one of the bad yrs is after submitting the application, your best bet is officers don't request for updates. Given the faster processing in general, it is possible they don't ask.
Ivory

 

[canuck_in_uk]

If you have children, request considerarion of humanitarian and. Compassionate. That helps.

There is no need to request H&C consideration.

 

[IvoryX]

It is not necessary to request sometimes, true. However one potential benefit of mentioning it is, in case of a refusal, you have a better chance to win at appeals if the officer fails to address the factor, as officers are to address all facts presented. There were successful examples. In addition, it is my opinion to put all positive factors in an app to build it as strong as possible. If you could win on H&C at appeals level, why not mention it at the first opportunity. Each case is different though. This is just the general guideline I follow.
Ivory

 

[KloveG]

What is this humanitarian and compassionate thing? I've never heard of it before in relation to sponsorship

 

[canuck_in_uk]

However one potential benefit of mentioning it is, in case of a refusal, you have a better chance to win at appeals if the officer fails to address the factor, as officers are to address all facts presented.

In addition, it is my opinion to put all positive factors in an app to build it as strong as possible. If you could win on H&C at appeals level, why not mention it at the first opportunity.

You suggested applying for H&C if a couple has children but can't show that they can support themselves without welfare. Asking for H&C consideration is likely to just delay the app and will still result in a refusal. An appeal is also likely to be refused, as it would have been a justified refusal under the law.

Asking for H&C considerations because they are probably going to have to go on welfare is not a positive....

What is this humanitarian and compassionate thing? I've never heard of it before in relation to sponsorship

You haven't heard of it for sponsorship because it's not even applicable for 99% of apps. H&C is used to overcome reasons an app might normally be refused. For spousal sponsorship, the refusal reasons are very limited; the few reasons that exist (sponsor bankruptcy/support default, applicant criminality, etc.) generally cannot be overcome with H&C.

 

[Rob_TO]

why not mention it at the first opportunity.

Because if you request an app to be considered on H&C reasons it raises immediate red flags with CIC and could cause long delays.

Better not to mention anything to do with H&C when submitting a family class app. If one has low or no income, they should simply present a plan and proof they will not go on welfare, and lots of family financial support letters to address it.