( Urgent! ) Express Entry refused due to financial proof

[Rarapuff]

Hi Friends,

My FSW-inland application got refused because the Officer thought that I don't have enough money for "a family of two" to settle in Canada.

Actually I am the only applicant. I got married after the submission but I didn't add my husband into in my application, because he is a Canadian citizen from birth ( I still chose to do EE instead of spousal sponsorship ).

Below is my timeline:

Nov 18, 2018 ⁠— AOR
Nov 24, 2018 — I got married to a Canadian citizen
Dec 20, 2018 ⁠ — MEP and background check completed
May 1, 2019 ⁠— additional documents ( marriage certificate & husband's Canadian birth certificate )
May 23, 2019 ⁠— additional documents ( bank statements from Nov 2018 to present )
June 4, 2019 ⁠— Procedural Fairness Letter, saying "a family of two needs a minimum amount of $15,772" as my financial proof only showed $13,582.


After that I submitted my husband's bank statements ( RRSP account, though ) + his salary proof ( He works for the government and his salary is definitely enough for both of us to live in Canada ), but I still ended up being refused. Seems they only accept bank statements of checking/savings accounts.

I feel it so unfair. As I found online, it says "The only exemptions to the proof of funds requirement are granted to Express Entry candidates who are already working in Canada and have a valid job offer". Although I'm still unemployed, the $13, 582 I submitted is enough for myself. They counted my husband in, but why didn't they consider the fact that he has a job and stable income, and he is Canadian citizen?

I want to request IRCC for reconsideration and at the moment I prefer not to hire a lawyer. But I still feel kind of uncertain, not sure if it would be possible for myself to make it.

I would appreciate it very much if anyone could give me some advice. Please help!

 

[21Goose]

Unfortunately your understanding of the rules was not correct. You have to include your dependent children and your spouse even if they are citizens/PR or won't be coming to Canada with you.

This is clearly stated here -

https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/express-entry/documents/proof-funds.html

The application was correctly rejected and your chances of asking for reconsideration are very low.Your husband's RRSP funds were not considered because retirement funds are usually not " readily available".

You should look to Spousal Sponsorship, or go through the Express Entry process all over again, with the correct amount of funds.

 

[Rarapuff]

Unfortunately your understanding of the rules was not correct. You have to include your dependent children and your spouse even if they are citizens/PR or won't be coming to Canada with you.

This is clearly stated here -

https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/express-entry/documents/proof-funds.html

The application was correctly rejected and your chances of asking for reconsideration are very low.Your husband's RRSP funds were not considered because retirement funds are usually not " readily available".

You should look to Spousal Sponsorship, or go through the Express Entry process all over again, with the correct amount of funds.

Thank you so much for your reply!

I'm wondering, even though my husband has a job in Canada, is there still no chance for me to ask for reconsideration? Thank you!

 

[21Goose]

Thank you so much for your reply!

I'm wondering, even though my husband has a job in Canada, is there still no chance for me to ask for reconsideration? Thank you!

No, because it was correctly rejected.

 

[Rarapuff]

No, because it was correctly rejected.

Probably you were right.

Just....feel it frustrating. They counted my husband in but neglected his job....

 

[21Goose]

Probably you were right.

Just....feel it frustrating. They counted my husband in but neglected his job....

Well, the job doesn't matter. You have to have the funds available in a bank account. I know it's frustrating but the rules are the same for everyone. My job paid very well, but I still had to show the same amount in my bank account.

There's no point getting upset over this now. Your goal is to become a Canadian PR, and you are certainly eligible to become one as the spouse of a Canadian citizen. You should apply via Family Sponsorship because that doesn't have a settlement fund requirement for a spouse. It will take a year but it doesn't make a difference to you since you're already in Canada and nothing changes in your life.

Read up on on the process here - https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/family-sponsorship/spouse-partner-children/eligibility.html

Lots of people on the forum have been through this so you can search and read about it here as well.

 

[Rarapuff]

Well, the job doesn't matter. You have to have the funds available in a bank account. I know it's frustrating but the rules are the same for everyone. My job paid very well, but I still had to show the same amount in my bank account.

There's no point getting upset over this now. Your goal is to become a Canadian PR, and you are certainly eligible to become one as the spouse of a Canadian citizen. You should apply via Family Sponsorship because that doesn't have a settlement fund requirement for a spouse. It will take a year but it doesn't make a difference to you since you're already in Canada and nothing changes in your life.

Read up on on the process here - https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/family-sponsorship/spouse-partner-children/eligibility.html

Lots of people on the forum have been through this so you can search and read about it here as well.

Yeah I'll have a look at Family Sponsorship. Thank you so much for your kind help!

Can I ask one more question? Do you think it would be too risky for me and my husband to do Family Sponsorship ourselves without hiring a lawyer?

Someone told me, I've been rejected once, it will be even harder to apply again, no matter I would choose EE again or turn to Family Sponsorship. Especially, if I choose Family Sponsorship after being rejected, the Officer would suspect that my marriage could be fake. For myself, I really don't want to hire a lawyer. Everything I submitted or would submit is true. My marriage is true. Why would I worry? But on the other hand, I'm not sure if it's a bad idea not to hire a lawyer.

 

[21Goose]

Yeah I'll have a look at Family Sponsorship. Thank you so much for your kind help!

Can I ask one more question? Do you think it would be too risky for me and my husband to do Family Sponsorship ourselves without hiring a lawyer?

Someone told me, I've been rejected once, it will be even harder to apply again, no matter I would choose EE again or turn to Family Sponsorship. Especially, if I choose Family Sponsorship after being rejected, the Officer would suspect that my marriage could be fake. For myself, I really don't want to hire a lawyer. Everything I submitted or would submit is true. My marriage is true. Why would I worry? But on the other hand, I'm not sure if it's a bad idea not to hire a lawyer.

You can do it yourself, there's no reason for the officer to think your marriage is fake just because your EE application was denied for a routine reason. You didn't lie or submit fake documents in your EE application, so you won't be treated any differently to any other applicant.

However, the Family Class sponsorship can be somewhat complex in terms of the documents required, proof of relationship etc. Read through everything and make sure you understand it thoroughly. If you feel there are parts that are complicated or you're unsure about anything, there's no harm in using a professional if you can afford one. You don't want to make another mistake and have another year go by..

Lots of people do it themselves, lots of people use professionals. Either way works, you decide what is better for you.

 

[Rarapuff]

You can do it yourself, there's no reason for the officer to think your marriage is fake just because your EE application was denied for a routine reason. You didn't lie or submit fake documents in your EE application, so you won't be treated any differently to any other applicant.

However, the Family Class sponsorship can be somewhat complex in terms of the documents required, proof of relationship etc. Read through everything and make sure you understand it thoroughly. If you feel there are parts that are complicated or you're unsure about anything, there's no harm in using a professional if you can afford one. You don't want to make another mistake and have another year go by..

Lots of people do it themselves, lots of people use professionals. Either way works, you decide what is better for you.

Yeah I see. Thank you so much for your advice! I feel so blessed!

Thank you!

 

[Rarapuff]

You can do it yourself, there's no reason for the officer to think your marriage is fake just because your EE application was denied for a routine reason. You didn't lie or submit fake documents in your EE application, so you won't be treated any differently to any other applicant.

However, the Family Class sponsorship can be somewhat complex in terms of the documents required, proof of relationship etc. Read through everything and make sure you understand it thoroughly. If you feel there are parts that are complicated or you're unsure about anything, there's no harm in using a professional if you can afford one. You don't want to make another mistake and have another year go by..

Lots of people do it themselves, lots of people use professionals. Either way works, you decide what is better for you.

Hi friend, can I ask one more question?

I was wondering, is there any possibility for me to request reconsideration because I didn't get enough information through the communication with the officer? I'll show you my additional documents request and procedural fairness letter:

Additional documents request:
Funds, proof: Please provide detailed bank statements (showing all transactions) from November 2018 to Present. This must be received at this office by: 2019/05/29

Procedural fairness letter:
In order to qualify under the Foreign Skilled Worker program, an Officer must be satisfied that you possess the minimum required funds to immigrate to Canada based on the size of your family. In your case, a family of two requires a minimum of $15,772 in settlement funds. As your most recent statements show your total available funds as $13,582.50, I am not satisfied that you possess the minimum settlement funds required to qualify under the Foreign Skilled Worker program. Therefore, I am asking you to submit any additional information/documentation that would allay my concerns.

Actually when I got the additional documents request, I didn't know they wanted me to show funds for "a family of two". I got married after AOR plus my husband is a Canadian citizen, so all in my mind was to proof myself, just like what I did when I submitted my application before getting married. Then I got the procedural fairness letter. Still, I didn't see anything which told me I had to submit "readily available" funds, so I didn't expect they wouldn't consider RRSP account.

I admit it was my fault to take things too easy. I should have done more research, then these mistakes wouldn't have happened. But on the other hand, is it completely fair that the officer didn't tell me any details in the letters? At that time, all my focus was on the letters. I read them again just in case I miss anything.

Yeah, just wondering, can this bring me some hope for reconsideration? Sorry I'm a bit stubborn on this but...yeah it takes some time for me to really give up.

Thank you in advance!

 

[21Goose]

Hi friend, can I ask one more question?

I was wondering, is there any possibility for me to request reconsideration because I didn't get enough information through the communication with the officer? I'll show you my additional documents request and procedural fairness letter:

Additional documents request:
Funds, proof: Please provide detailed bank statements (showing all transactions) from November 2018 to Present. This must be received at this office by: 2019/05/29

Procedural fairness letter:
In order to qualify under the Foreign Skilled Worker program, an Officer must be satisfied that you possess the minimum required funds to immigrate to Canada based on the size of your family. In your case, a family of two requires a minimum of $15,772 in settlement funds. As your most recent statements show your total available funds as $13,582.50, I am not satisfied that you possess the minimum settlement funds required to qualify under the Foreign Skilled Worker program. Therefore, I am asking you to submit any additional information/documentation that would allay my concerns.

Actually when I got the additional documents request, I didn't know they wanted me to show funds for "a family of two". I got married after AOR plus my husband is a Canadian citizen, so all in my mind was to proof myself, just like what I did when I submitted my application before getting married. Then I got the procedural fairness letter. Still, I didn't see anything which told me I had to submit "readily available" funds, so I didn't expect they wouldn't consider RRSP account.

I admit it was my fault to take things too easy. I should have done more research, then these mistakes wouldn't have happened. But on the other hand, is it completely fair that the officer didn't tell me any details in the letters? At that time, all my focus was on the letters. I read them again just in case I miss anything.

Yeah, just wondering, can this bring me some hope for reconsideration? Sorry I'm a bit stubborn on this but...yeah it takes some time for me to really give up.

Thank you in advance!

No. You cannot. You were correctly rejected. You can waste time, or you can accept it and move on with your sponsorship.

 

[Rarapuff]

No. You cannot. You were correctly rejected. You can waste time, or you can accept it and move on with your sponsorship.

OkayT T
Thank you!

One last stubborn question:

My husband says, some RRSP accounts are locked-in, but his isn't. He can withdraw from it at any time so long as he pay the tax up front. He only needs to call the bank, then the money can be transferred into his checking account the same day. Is this still "not readily available"?

 

[vensak]

Thank you so much for your reply!

I'm wondering, even though my husband has a job in Canada, is there still no chance for me to ask for reconsideration? Thank you!

His salary would have been enough if ever he was the main applicant and he was working for a Canadian employer. In that case you can use that instead of proof of funds. However because you were the main applicant, you needed your or his bank statement for the funds available. Would you have chosen spousal sponsorship instead, none of this was needed as long as your spouse is not currently using social support money.

And again any kind of funds or investments are not taken into account in this case. Only his checking or saving account (to make it simple for you).

 

[Rarapuff]

His salary would have been enough if ever he was the main applicant and he was working for a Canadian employer. In that case you can use that instead of proof of funds. However because you were the main applicant, you needed your or his bank statement for the funds available. Would you have chosen spousal sponsorship instead, none of this was needed as long as your spouse is not currently using social support money.

And again any kind of funds or investments are not taken into account in this case. Only his checking or saving account (to make it simple for you).

Yeah "you needed your or his bank statement for the funds available", this is exactly what I did. I submitted:
1. my bank statements (checking+savings)
2. our joint bank statements (checking+savings)
3. his RRSP bank statements

All the checking + savings accounts showed $13,582, not enough for a family of two but if we count his RRSP in, that's more than enough.

The officer thought his RRSP as "not readily available" but....as my husband says, his RRSP is not locked-in account, he can withdraw the money any time just by calling the bank and paying some tax.

Can I argue that his RRSP is actually "readily available"?

 

[21Goose]

Yeah "you needed your or his bank statement for the funds available", this is exactly what I did. I submitted:
1. my bank statements (checking+savings)
2. our joint bank statements (checking+savings)
3. his RRSP bank statements

All the checking + savings accounts showed $13,582, not enough for a family of two but if we count his RRSP in, that's more than enough.

The officer thought his RRSP as "not readily available" but....as my husband says, his RRSP is not locked-in account, he can withdraw the money any time just by calling the bank and paying some tax.

Can I argue that his RRSP is actually "readily available"?

You can do what you like, and make any argument you like. As stated before, your application was correctly rejected and the file will not be reopened for something like this.

If you insist, sure, feel free to try. If you're successful, come back and let us know.