Sponsorship refused after 5 years

[ambreenk]

Hi there,

I applied for my father's immigration back in 2010. Last year CIC asked me to send additional documents for my application (second step of the process) Last year I moved to the US with my husband for work purposes. When I sent back the documents, as per a CIC agent I wrote a lteer to them explaining that how I had moved to the US temporarily and it was my intention to return back to Canada once my father's immigration application is completed.

Just yesterday I received a letter where they said that they found me "ineligible to sponsor' because I am not residing in Canada at the time of filing the application.

I called CIC today and explained to them my situation and that I had stayed in Canada since filing the application in 2010. But they said that I should now contact the London office and prove that I will be returning to Canada soon.

Can anyone help me out on this? I can send them stuff like H1B visa validity etc. but I still think it is v unfair that after 5 years they have decided to declare me ineligible.

Please help.

 

[scylla]

Unfortunately you were correctly refused and your move to the US did in fact make you ineligible as a sponsor. For a parent sponsorship application to be approved you need to be physically living in Canada while the application is being processed (until final approval). Unlike spousal sponsorship, it is not good enough to say that you will return to Canada once your parent's visa is approved and you do not qualify to sponsor a parent (even as a citizen) while living outside of Canada.

 

[screech339]

I concur with scylla.

You disqualified yourself as sponsor the moment you left Canada and resided elsewhere. You broke the "contract of agreement" when you submitted your parents sponsorship application, that you remain inside Canada until your parents landed as PR.

As much as you think it is unfair, it is an agreement you accepted as condition to sponsor your parents. You can't renege on a contract you signed and agreed to between CIC and yourself.

And besides, any income outside Canada does not count towards LICO annual requirements. So your US income would be zero towards LICO, thus you may still fail sponsorship requirement if canadian income doesn't meet LICO requirement at any time during your stay in US if you didn't inform CIC of your move to US. CIC will find out regardless through income tax reports.