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New Parents Sponsorship beginning January 2014

TRUONGAN

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As per http://www.cic.gc.ca/english/information/applications/guides/5772ETOC.asp

CIC stated that

"If you are sponsoring a parent or a grandparent, you must submit a Notice of Assessment or Option C print out issued to you by the Canada Revenue Agency for each of the three years immediately preceding the date of your application. The minimum necessary income requirement, which you must meet for each of the three years is equal to the Low Income Cut-off s (LICOs) plus 30% ,taking into account the number of family members for whom you are or will be financially responsible."

On the guide for Federal Income Table for Parents and Grandparents Sponsorship, you should also include the LICO for 2013 and the 130% of it so that people who wish to demonstrate their income eligibility for 2011, 2012, and 2013 they have a figure to follow because all applications for 2014 intake will be accepted in 2014 so there is reasonable ground to use 2013 as one the of the income year.

CIC rules on this stream are confusing and inconsistent. I hope your department will review and revise this so that people will not get confused with your guide.

This is CIC reply...

Hello, 2013 proof of income from the Canada Revenue Agency will not be available until later in 2014 i.e. not in January 2014 when the program re-opens. The Department has taken great pains to be clear in this regard.

Regards, Fraser


Hello Fraser,

The income tax NOC for 2013 will be available in February 2014. CIC has no way to guarantee that your 5,000 cap will be reached at that time by the people who can demonstrate NOC for 2010-2012.

If in late February 2014, the cap is not reached and there are people who are able to submit 2013 NOC, what would you do to them? You cannot return or reject their application because they follow the exact guidance per your policy that 3 most recent NOC are required, immediately preceding the year application is submitted, which is 2014.

I suggest you to review this matter throughout so there will be no gaps in interpreting the law which potentially could lead to lawsuit against CIC because of conflicng rule interpretation. CIC should include 2013, just in case the cap is not reached at the time people are able to obtain NOC 2013. With Netfile, CRA has been able to assess income tax return in the matter of days.

Thank you Fraser,
 

petersiddle28

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Oct 12, 2013
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This is very confusing, so they say "preceding" ie., 2013
So I guess, people should include 2013 pay stubs?

If 2010-2012 is not correct, lot of applications will either be on hold or be returned
 

TRUONGAN

Hero Member
Nov 18, 2010
722
9
Category........
Visa Office......
Ottawa
Job Offer........
Pre-Assessed..
App. Filed.......
CIO Received Oct 9 2012
AOR Received.
Nov 26 2012
Med's Request
Nov 29 2012
Med's Done....
December 8 2012
Interview........
In process Feb 12 2013
Passport Req..
March 27 2013
petersiddle28 said:
This is very confusing, so they say "preceding" ie., 2013
So I guess, people should include 2013 pay stubs?

If 2010-2012 is not correct, lot of applications will either be on hold or be returned
cic doesn't even know how to interpret their own policies and they tend to refuse clarification.

Canadian immigration system is nowhere near US or Australia system. our policy makers are losers who can't even see the whole picture before they make law.... They fail to see all situations that may occur.

Very Disappointed!
 

PMM

VIP Member
Jun 30, 2005
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Hi


TRUONGAN said:
cic doesn't even know how to interpret their own policies and they tend to refuse clarification.

Canadian immigration system is nowhere near US or Australia system. our policy makers are losers who can't even see the whole picture....

Very Disappointed!
You wouldn't be if you actually read the Operational Bulletin 561 which says

"They must submit a Notice of Assessment (NOA) or an equivalent document (Option C print out) issued by the CRA to substantiate the amount of their income and their co-signer’s income, if applicable, for each of the three consecutive years preceding the date of their application (for example, in January 2014, applicants must submit the NOA or Option C print out for 2012, 2011 and 2010 taxation years). No other proof of income will be accepted;
 

TRUONGAN

Hero Member
Nov 18, 2010
722
9
Category........
Visa Office......
Ottawa
Job Offer........
Pre-Assessed..
App. Filed.......
CIO Received Oct 9 2012
AOR Received.
Nov 26 2012
Med's Request
Nov 29 2012
Med's Done....
December 8 2012
Interview........
In process Feb 12 2013
Passport Req..
March 27 2013
PMM said:
Hi


You wouldn't be if you actually read the Operational Bulletin 561 which says

"They must submit a Notice of Assessment (NOA) or an equivalent document (Option C print out) issued by the CRA to substantiate the amount of their income and their co-signer's income, if applicable, for each of the three consecutive years preceding the date of their application (for example, in January 2014, applicants must submit the NOA or Option C print out for 2012, 2011 and 2010 taxation years). No other proof of income will be accepted;
I saw that. But, the question is, if someone submit their application in Feb 2014 after NOA 2013 is obtained and before the cap is reached, can they use 2011-2013 as proof of income for 3 most recent tax years? Based on CIC rules, they can't say no. But based on their guide, they don't seem to know how to deal with 2013 NOA.

How would they deal with sponsors who send in 2011-2013 NOAs? Can they reject it, even when people can obtain 2013 NOA before the cap is reached?
 

petersiddle28

Hero Member
Oct 12, 2013
214
6
TRUONGAN said:
I saw that. But, the question is, if someone submit their application in Feb 2014 after NOA 2013 is obtained and before the cap is reached, can they use 2011-2013 as proof of income for 3 most recent tax years? Based on CIC rules, they can't say no. But based on their guide, they don't seem to know how to deal with 2013 NOA.

How would they deal with sponsors who send in 2011-2013 NOAs? Can they reject it, even when people can obtain 2013 NOA before the cap is reached?
Its coz they are accepting 2010-2012, and sponsors should keep the income steady, you can forget abt waiting till Feb and showing 2013 income - it will be capped

http://www.cic.gc.ca/english/information/applications/guides/5772ETOC.asp

See the table in that link, they themselves show 2010-2012, so regardless of you waiting, the acceptance is 2010-2012, if you dont meet 2010 - no can do
 

Rob_TO

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TRUONGAN said:
How would they deal with sponsors who send in 2011-2013 NOAs? Can they reject it, even when people can obtain 2013 NOA before the cap is reached?
The cap will be reached within the first week of January. There is no point in talking about what will happen in Feb 2014, because the 5000 applications will have been received long before then.
 

sunshinemrc

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Dec 16, 2013
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TRUONGAN said:
I saw that. But, the question is, if someone submit their application in Feb 2014 after NOA 2013 is obtained and before the cap is reached, can they use 2011-2013 as proof of income for 3 most recent tax years? Based on CIC rules, they can't say no. But based on their guide, they don't seem to know how to deal with 2013 NOA.

How would they deal with sponsors who send in 2011-2013 NOAs? Can they reject it, even when people can obtain 2013 NOA before the cap is reached?
Likely, what will happen is that in Feb 2014 when new LICO figures are available and NOA for 2013 can be obtained they will update the instructions. So if in Feb 2014 if the cap of 5000 has not been reached you can apply showing 2011, 2012 and 2013.
 

disisme

Full Member
Jan 14, 2012
32
0
petersiddle28 said:
Its coz they are accepting 2010-2012, and sponsors should keep the income steady, you can forget abt waiting till Feb and showing 2013 income - it will be capped

http://www.cic.gc.ca/english/information/applications/guides/5772ETOC.asp

See the table in that link, they themselves show 2010-2012,
so regardless of you waiting, the acceptance is 2010-2012, if you dont meet 2010 - no can do
Hi All!!
I am meeting the income requirement for 2011, 2012 and 2013. Getting short by $4000/- off the 2010 LICO of $53,557.
  • Do you think its even worth to try?
  • What's my financial risk if my application gets return? Are they going to forfeit $1040? Any idea?

thanks a ton
 

zardoz

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Feb 2, 2013
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disisme said:
Hi All!!
I am meeting the income requirement for 2011, 2012 and 2013. Getting short by $4000/- off the 2010 LICO of $53,557.
  • Do you think its even worth to try?
  • What's my financial risk if my application gets return? Are they going to forfeit $1040? Any idea?

thanks a ton
I answered to one of your other posts on this question.
 

smithaliana

Newbie
Jan 10, 2014
2
0
Thanks Fraser for providing this information. It is fine that in order to sponsor a parent or a grand parent, one need to submit a Notice of Assessment or Option C print issued by Canadian Revenue Agency. But, still, the cic policies are not clear. You get all your tour queries answered at canadaupdates.com
 

ZIDYAY

Full Member
Sep 26, 2013
29
1
TRUONGAN said:
As per http://www.cic.gc.ca/english/information/applications/guides/5772ETOC.asp

CIC stated that

"If you are sponsoring a parent or a grandparent, you must submit a Notice of Assessment or Option C print out issued to you by the Canada Revenue Agency for each of the three years immediately preceding the date of your application. The minimum necessary income requirement, which you must meet for each of the three years is equal to the Low Income Cut-off s (LICOs) plus 30% ,taking into account the number of family members for whom you are or will be financially responsible."

On the guide for Federal Income Table for Parents and Grandparents Sponsorship, you should also include the LICO for 2013 and the 130% of it so that people who wish to demonstrate their income eligibility for 2011, 2012, and 2013 they have a figure to follow because all applications for 2014 intake will be accepted in 2014 so there is reasonable ground to use 2013 as one the of the income year.

CIC rules on this stream are confusing and inconsistent. I hope your department will review and revise this so that people will not get confused with your guide.

This is CIC reply...

Hello, 2013 proof of income from the Canada Revenue Agency will not be available until later in 2014 i.e. not in January 2014 when the program re-opens. The Department has taken great pains to be clear in this regard.

Regards, Fraser


Hello Fraser,

The income tax NOC for 2013 will be available in February 2014. CIC has no way to guarantee that your 5,000 cap will be reached at that time by the people who can demonstrate NOC for 2010-2012.

If in late February 2014, the cap is not reached and there are people who are able to submit 2013 NOC, what would you do to them? You cannot return or reject their application because they follow the exact guidance per your policy that 3 most recent NOC are required, immediately preceding the year application is submitted, which is 2014.

I suggest you to review this matter throughout so there will be no gaps in interpreting the law which potentially could lead to lawsuit against CIC because of conflicng rule interpretation. CIC should include 2013, just in case the cap is not reached at the time people are able to obtain NOC 2013. With Netfile, CRA has been able to assess income tax return in the matter of days.

Thank you Fraser,
I agree with the point raised by Fraser.

I have the opinion that CIC should give more importance or priority in processing the applications of those having NOCs 2011/12/13 over those those who submitted NOCs 2010/11/12 because their applications cover the "income for the years immediately preceding the date of application".Being the case, their incomes indicate the most current and most reflective of their capability to support their parents.
Another thing is that giving priority to those with 2013 NOC, the CIC exercises utmost fairness to all applicants. It could be that some of those who submitted with NOC ending 2012 were unemployed and had no income in 2013. However, their application will be considered simply because they happen to complete the 3 years. While others will say that their situation may be discovered during the course of processing, still it will happen only if their application turns out to be one randomly checked.

Only income threshold for 2010/11/12 were provided in the guidelines since NOCs for 2013 will not be available early in 2014. There is no income threshold published for 2013. We should take this information as guide only to completing the application and not as a limiting requirement to qualify to sponsor.

The new rules are clearly formulated to select and approve sponsors who are the most financially capable to support their parents. This policy is further given emphasis in the need for Undertaking and the condition of meeting income threshold consistently.

I strongly feel that those who will be submitting 2013 NOCs deserve to be given priority because their application is the most complete, most accurate and most complying to the intent and spirit of the program. Their applications should be processed first and only after theirs are done and quota had not been met that CIC will proceed to 2012 NOCs.
 

zardoz

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ZIDYAY said:
I agree with the point raised by Fraser.

I have the opinion that CIC should give more importance or priority in processing the applications of those having NOCs 2011/12/13 over those those who submitted NOCs 2010/11/12 because their applications cover the "income for the years immediately preceding the date of application".Being the case, their incomes indicate the most current and most reflective of their capability to support their parents.
Another thing is that giving priority to those with 2013 NOC, the CIC exercises utmost fairness to all applicants. It could be that some of those who submitted with NOC ending 2012 were unemployed and had no income in 2013. However, their application will be considered simply because they happen to complete the 3 years. While others will say that their situation may be discovered during the course of processing, still it will happen only if their application turns out to be one randomly checked.

Only income threshold for 2010/11/12 were provided in the guidelines since NOCs for 2013 will not be available early in 2014. There is no income threshold published for 2013. We should take this information as guide only to completing the application and not as a limiting requirement to qualify to sponsor.

The new rules are clearly formulated to select and approve sponsors who are the most financially capable to support their parents. This policy is further given emphasis in the need for Undertaking and the condition of meeting income threshold consistently.

I strongly feel that those who will be submitting 2013 NOCs deserve to be given priority because their application is the most complete, most accurate and most complying to the intent and spirit of the program. Their applications should be processed first and only after theirs are done and quota had not been met that CIC will proceed to 2012 NOCs.
We all know that is not going to happen and all that you are going to do is alienate those that worked hard to meet the published criteria. I would suggest that you forget this line of reasoning as it will lead to discord.
 

ZIDYAY

Full Member
Sep 26, 2013
29
1
zardoz said:
We all know that is not going to happen and all that you are going to do is alienate those that worked hard to meet the published criteria. I would suggest that you forget this line of reasoning as it will lead to discord.
The point is the rules confused a lot a people.Clarification is in order. Otherwise, a case of unfair treatment may arise in the future if this is not attended to.
 

Rob_TO

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Nov 7, 2012
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Toronto
Category........
FAM
Visa Office......
Seoul, Korea
App. Filed.......
13-07-2012
AOR Received.
18-08-2012
File Transfer...
21-08-2012
Med's Done....
Sent with App
Passport Req..
N/R - Exempt
VISA ISSUED...
30-10-2012
LANDED..........
16-11-2012
ZIDYAY said:
The point is the rules confused a lot a people.Clarification is in order. Otherwise, a case of unfair treatment may arise in the future if this is not attended to.
The rules were quite simply explained once the new forms came out. You meet income for 2010, 2011 and 2012, and you qualify. All people are applying under the same criteria, so it is fair. If someone needs 2013 LOA, then they will wait until 2015.