Sponsorship

[Erion]

Hello everyone,

My name is Erion and i thought id ask for some suggestions. I sponsored my Mom, Dad and brother back in 2008. While waiting i got married and sponsored my wife. My wifes application got refused based on "not genuine". I appealed that decision and lost the appeal. Now before issuing visas for my parents i was asked for a financial re-evaluation. I did that and it came back saying i dont make enough money. For a family of 4 i was well above the LICO. But they added my wife as a depended. Can they add my wife if they themselves are saying she is not a member of my family?? I am currently awaiting hearing for my parents but they have also enforced the new law on my application. Can they do that although my application is from 2008?? Also i have a job and dont want to leave but if i have to i will. I love my wife and cant wait to start a family. Can i re apply for my wife or is that application going to be thrown away?? Its frustrating to be in this situation. Any suggestions??

 

[mikeymyke]

Why did they refuse your appeal? Did you have any outstanding red flags that you were unable to address? Re-applying won't do any good if you're still unable to address whatever red flags you had, and clearly you must've had a few that you couldn't explain, because you couldn't pass the interview or the subsequent appeal.

 

[Erion]

There was a couple of questions i answered wrong in the sponsor questionnaire. Those are pretty much the reasons and it says that i was trying to hide some things from my wife. My wife doesnt know everything about my past and i dont know hers. But it says that it is expected that you know this much or that much which i didnt know. I have told her everything now but too little too late. Can i re apply? What would happen if i did??

 

[jomz]

Hello everyone,

My name is Erion and i thought id ask for some suggestions. I sponsored my Mom, Dad and brother back in 2008. While waiting i got married and sponsored my wife. My wifes application got refused based on "not genuine". I appealed that decision and lost the appeal. Now before issuing visas for my parents i was asked for a financial re-evaluation. I did that and it came back saying i dont make enough money. For a family of 4 i was well above the LICO. But they added my wife as a depended. Can they add my wife if they themselves are saying she is not a member of my family?? I am currently awaiting hearing for my parents but they have also enforced the new law on my application. Can they do that although my application is from 2008?? Also i have a job and dont want to leave but if i have to i will. I love my wife and cant wait to start a family. Can i re apply for my wife or is that application going to be thrown away?? Its frustrating to be in this situation. Any suggestions??

Based on the information above, to the best of my knowledge if they refused your spousal sponsorship based on the marriage being not genuine is not the same as refusal based on exclusion of your wife from being a family member. So technically CIC recognizes your marriage as being legally binding, but they refused believing that although your marriage is legal it is not genuine. So in the end I think using that technicality CIC is correct in counting your wife as a dependent in your financial evaluation.

As for financial re-evaluation, the rules were always the same, CIC always had and currently has a right to re-evaluate financial abilities of the sponsor in a parent sponsorship case up to the date when the PRs are issued. They would have re-evaluated you on the old rules, it being the last 12 month period preceding the decision. In the new rules they can review up to the last 3 years prior to issuing the decision, so in new cases as of 2014 the sponsor cannot fall below the LICO in 3 years preceding the decision.

 

[Erion]

Thank you! But they are enforcing the new law even in my case. Can they do that as well??

 

[jomz]

Thank you! But they are enforcing the new law even in my case. Can they do that as well??

Which new law?


As i mentioned financial re-evaluation in parent sponsorship has always been the case. It is in the old Operational Manuals from mid 2000 that CIC has the right to ask for the last 12 months of financial information to make sure you still meet the new LICO.

 

[Erion]

So when they did that i was well above the LICO for a family of 4 including me! They added my wife therefore i was short 600 $ at the time. I appealed the decision and now they want me to meet MNI + 30 %. Can they enforce this although my application is from 2008?? If so then i will lose this appeal. No way i can meet 70 k a year!

 

[jomz]

So when they did that i was well above the LICO for a family of 4 including me! They added my wife therefore i was short 600 $ at the time. I appealed the decision and now they want me to meet MNI + 30 %. Can they enforce this although my application is from 2008?? If so then i will lose this appeal. No way i can meet 70 k a year!

Erion, I hope some seniors chime in, but as far as I know you have to be evaluated financialy based on new family size (now 5) on the last LICO. LICO for last year for family of 5 is $49,839. I think the posted LICO number on the CIC site already include MNI +30% but I am not entirely sure about that.