Other relative

[armoured]

One of my friend applied Other relative category to sponsor siblings got below refusal letter today. Please help.

Short answer, if sponsor is now employed and has most recent full tax year (if not, file now), then apply again.

 

[CanadianGill]

Buddy, so nice of you sharing valuable information. We were also confused like why they mentioned term which is applied for Parents and grand-parents program NOT for other relative category. One more point, GC key background check was completed Aug 2021. What would you suggest ?

This is why IRCC is going back three years…Sponsor arrived in Canada in June 2020 and didn’t start working until October 2020, and then applicant applied in the “other” category a month later in November 2020. So when the applicant applied the sponsor did not even meet the financial requirements and didn’t even wait a year to show financial ability to support the applicant. So IRCC has to look at income over the past 3 years. Applicant should have waited until at least November 2021 and at least one tax year to see if sponsor could support the applicant.

I appreciate your response. Now what is the solution presently holding one year (Jan 2021 to Dec 2021) CRA and Tax details and (Jan 2022 to Oct 2022 Paystubs showing income is meeting financial requirements. (Jan 2021 to Dec 2021) CRA and Tax details was earlier shared via web form this is the only documents that can be shared with IRCC. Is it wise decision go with it and appeal or withdraw and wait.

 

[CanadianGill]

Short answer, if sponsor is now employed and has most recent full tax year (if not, file now), then apply again.

I appreciated your response. Sometimes some words touches soul so deeply
Holding one year (Jan 2021 to Dec 2021) CRA and Tax details and (Jan 2022 to Oct 2022) Paystubs showing income is meeting financial requirements.
In a email have 30 days to appeal or apply for fee refund. One more point Background check was completed Aug 2021.

 

[armoured]

In a email have 30 days to appeal or apply for fee refund. One more point Background check was completed Aug 2021.

So, there's no perfect answer about what to do. You could appeal and basically request that they cancel the refusal because, please, it was a mistake but now the sponsor meets the criteria.

There is no reason that this appeal should work but stranger things have happened than IRCC deciding to be nice. If so, it would be faster than a new app. (Note, some here will absolutely say this will not work and most of the time that's probably true - you were correctly refused.) The real problem of doing this is that you can't start a new application while the appeal is pending - and the appeal could take a long time.

Or start over. I think this is the 'correct' approach, but obviously it will start from scratch. (You can and should refer to previous app, they may at least not do the background check starting from zero, but no guarantee it will be faster as a result).

Good luck.

 

[Naturgrl]

I appreciate your response. Now what is the solution presently holding one year (Jan 2021 to Dec 2021) CRA and Tax details and (Jan 2022 to Oct 2022 Paystubs showing income is meeting financial requirements. (Jan 2021 to Dec 2021) CRA and Tax details was earlier shared via web form this is the only documents that can be shared with IRCC. Is it wise decision go with it and appeal or withdraw and wait.

Your friend has to make the decision.
I would reapply. When the applicant applied in 2020, the sponsor was not even eligible. Should have waited until November 2021 to apply at the earliest.

However, your friend can appeal and see what happens. What new evidence is being included to address the reasons for refusal? New evidence, not already documented, has to be included. If refused, then reapply. There are no timelines for appeal or reconsideration so may not hear from IRCC for many months. If six months to a year, you could have applied with a new, correct and eligible application. And as mentioned you can’t reapply until a decision is made.

 

[CanadianGill]

So, there's no perfect answer about what to do. You could appeal and basically request that they cancel the refusal because, please, it was a mistake but now the sponsor meets the criteria.

There is no reason that this appeal should work but stranger things have happened than IRCC deciding to be nice. If so, it would be faster than a new app. (Note, some here will absolutely say this will not work and most of the time that's probably true - you were correctly refused.) The real problem of doing this is that you can't start a new application while the appeal is pending - and the appeal could take a long time.

Or start over. I think this is the 'correct' approach, but obviously it will start from scratch. (You can and should refer to previous app, they may at least not do the background check starting from zero, but no guarantee it will be faster as a result).

Good luck.

Already invest two years what is max time they can take is 6 months to 1 year. People are ready for it. But the question here is the clause that they used is for PGP not for Other relative. I appreciate your time and knowledge that you shared here. we can understand it is a tough process for people who are dealing with it.

 

[Naturgrl]

Already invest two years what is max time they can take is 6 months to 1 year. People are ready for it. But the question here is the clause that they used is for PGP not for Other relative. I appreciate your time and knowledge that you shared here. we can understand it is a tough process for people who are dealing with it.

There are no timelines for consideration. And you have misread the clause, it is not specifically referring to the PGP program in the refusal. The clause has a Part À OR B. You highlighted B but your friend is under A not B which refers to PGP so there was no error from IRCC in mentioning that clause.

 

[CanadianGill]

Your friend has to make the decision.
I would reapply. When the applicant applied in 2020, the sponsor was not even eligible. Should have waited until November 2021 to apply at the earliest.

However, your friend can appeal and see what happens. What new evidence is being included to address the reasons for refusal? New evidence, not already documented, has to be included. If refused, then reapply. There are no timelines for appeal or reconsideration so may not hear from IRCC for many months. If six months to a year, you could have applied with a new, correct and eligible application. And as mentioned you can’t reapply until a decision is made.

Thanks for your time and knowledge that you shared. 6 months to 1 year wait is fine. I did not get your point here new documents ? At the time of submission financial document was only 3 months pay stubs. As I mentioned One year (Jan 2021 to Dec 2021) CRA report and tax return already shared via web form this is what we can share and Current year (Jan 2022 to Oct 2022) pay stubs only that can show meeting financial requirement.

 

[YVR123]

Already invest two years what is max time they can take is 6 months to 1 year. People are ready for it. But the question here is the clause that they used is for PGP not for Other relative. I appreciate your time and knowledge that you shared here. we can understand it is a tough process for people who are dealing with it.

Agree with Naturgrl. your friend didn't show income to sponsor. And there is no timeline for appeal. It doesn't matter on how many months the sponsor worked before he/she applied. If sponsor can make enough to fit minimum necessary income within 3 months and submit that NOA after he filed his tax return and then applied, then he/she can sponsor. BUT he/she didn't.

• (A) has a total income that is at least equal to the minimum necessary income, if the sponsorship application was filed in respect of a foreign national other than a foreign national referred to in clause (B), or

 

[Naturgrl]

Thanks for your time and knowledge that you shared. 6 months to 1 year wait is fine. I did not get your point here new documents ? At the time of submission financial document was only 3 months pay stubs. As I mentioned One year (Jan 2021 to Dec 2021) CRA report and tax return already shared via web form this is what we can share and Current year (Jan 2022 to Oct 2022) pay stubs only that can show meeting financial requirement.

But they quoted a point in refusal letter which implies to PGP not Other relatives.

They are asking you to appeal within 30 days so usually that requires an explanation and new evidence.

Where does it imply PGP and not other relatives in the letter? I don’t read that in what you posted at all. The clause states an A and or B. Your friend is under A not clause B.

 

[CanadianGill]

There are no timelines for consideration. And you have misread the clause, it is not specifically referring to the PGP program in the refusal. The clause has a Part À OR B. You highlighted B but your friend is under A not B which refers to PGP so there was no error from IRCC in mentioning that clause.

Natugrl :- In 133(1)(j)(i) they mentioned Mother and Father not other relative this is confusing point.

For your reference :- https://laws-lois.justice.gc.ca/eng/regulations/sor-2002-227/section-133.html.

 

[CanadianGill]

Agree with Naturgrl. your friend didn't show income to sponsor. And there is no timeline for appeal. It doesn't matter on how many months the sponsor worked before he/she applied. If sponsor can make enough to fit minimum necessary income within 3 months and submit that NOA after he filed his tax return and then applied, then he/she can sponsor. BUT he/she didn't.

• (A) has a total income that is at least equal to the minimum necessary income, if the sponsorship application was filed in respect of a foreign national other than a foreign national referred to in clause (B), or

Content from Letter : - Since your sponsor does not meet the requirement of section 133(1)(j)(i) of the Immigration
and Refugee Protection Regulations, I am refusing your application pursuant to section 11(2)
of the Immigration and Refugee Protection Act.

For your reference :- https://laws-lois.justice.gc.ca/eng/regulations/sor-2002-227/section-133.html

 

[CanadianGill]

Refusal Other relative category - I shared a post and I received information from many people which make us more scary instead of help but I must say few person gave us valuable information as well like frange and armoured. We are doing appeal time does not matter family reunion is more important, Documents that we can share 2021 Tax Return and CRA report which we already shared earlier via web form. 2022 we have pay stubs only in which tax is already deducted by an organisation. As of now no new documents that we can present to IRCC.

 

[YVR123]

Refusal Other relative category - I shared a post and I received information from many people which make us more scary instead of help but I must say few person gave us valuable information as well like frange and armoured. We are doing appeal time does not matter family reunion is more important, Documents that we can share 2021 Tax Return and CRA report which we already shared earlier via web form. 2022 we have pay stubs only in which tax is already deducted by an organisation. As of now no new documents that we can present to IRCC.

It's your (your friend's) decision to go forward with the appeal.
We are just giving you information that a new application could possibility be faster vs the appeal process. But it's really up to you/your friend.

 

[CanadianGill]

It's your (your friend's) decision to go forward with the appeal.
We are just giving you information that a new application could possibility be faster vs the appeal process. But it's really up to you/your friend.

Okay, is it. Me and my friend totally confused. asking for refund and apply new application or appeal. Situation is tense for us. Not sure what to do..... YVR123 many people are saying new document what new document that we can represent....