I filed my parents and one brother plus one sister's case under family class sponsorship 2 years back. Case was approved and income was high but got a call from them income was short by 4000$ which is nothing and case is refused. We filed an appeal under humanitarian and compassionate background, now I have to appear in the court for hearing and fight my case. How should I prepare and win this appeal? Please help it's tomorrow
Hearing appeal is tomorrow
- Thread starter Saniya123
- Start date
What is your H&C argument and what evidnece are you demonstrating to support the H&C argument?
What exactly do you mean when you are saying that "case was approved". Did you get a letter from IRCC confirming that your income is sufficient and you are approved to be your parent's sponsor? Did they recalculate your income later? Why did the amount change? Do you have anything in writing from IRCC? It is very strange that you are saying that you got a call. A call from IRCC? They usually do not call.
Yes I got a letter that I am eligible to sponsor and all documents etc wrte good in 2018.
This year they recalculated my income and said I am short by $4000 which is no big amount. Yes I did recieve a call saying that I have to appear in the court and court date came in the mail.
This year they recalculated my income and said I am short by $4000 which is no big amount. Yes I did recieve a call saying that I have to appear in the court and court date came in the mail.
What’s the point of having a income cut off for the program when you can submit a application way off the amount , then appeal it, using the way over used H&C reasons ?
It’s the same reasoning if you’re short a day for becoming a citizen, you don’t qualify
$1 or 1 day , same thing
It’s the same reasoning if you’re short a day for becoming a citizen, you don’t qualify
$1 or 1 day , same thing
The MINIMUM Necessary Income is open to review at any time during the application process. The Sponsor must maintain the MNI at all times after the application is submitted and any changes in the sponsor's financial circumstances may result in the application being denied at any time during the processing.
https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/permanent-residence/non-economic-classes/family-class-assessing-sponsor.html
Reassessment of financial circumstances
A sponsor’s income can be reassessed prior to an initial recommendation being rendered on sponsorship eligibility, where information material to a sponsor’s ability to meet financial requirements is received by IRCC.
Sponsors cannot request that IRCC reassess their financial situation subsequent to submitting the sponsorship application. Even if their income increases, sponsors who do not meet MNI cannot request reassessment – income earned after the undertaking has been given cannot be considered. The only option available to a sponsor who wants IRCC to reassess their finances to reflect improvement in their circumstances is to withdraw the existing application and then submit a new application, paying all applicable fees.
Income may be reassessed by IRCC [R134)(2)] only if either of the following applies:
- more than 12 months have passed since receipt of the application
- new information comes to IRCC’s attention that a sponsor may no longer be able to meet their financial obligations
If the sponsor’s income is not at least equal to the LICO, or the income is not from a Canadian source and is not included in the NOA, the sponsor does not meet the income requirement, and is deemed to be ineligible.
Last edited:
The rules are very clear: sponsor needs to maintain the income during the process.
This proves you have a normal relationship with your parents just like most other people do. I don't think this shows H&C circumstances. What is the specific H&C claim you are making? I think you will need to be very specific and support this claim with strong evidence to be approved.