Appeal for MNI

[shan30]

Hi ,

I sponsored my parents in 2014 January and my application got accepted as part of the 5000 intake. Recently I got a letter from CPC Mississauga saying, my MNI for the year 2010 is not sufficient (note that I had to submit 3 prior years NOA 2010, 2011, 2012).

The problem is I started working fulltime in 2010 July. So my yearly income for 2010 was lower than the expected. However the application got transferred to the colombo, Srilanka visa office.

I submitted a letter explaining that I started my fulltime work in 2010, and that is the reason for the low income that year. I also submitted from 2013 - 2016 NOA which is well above the required MNI/LICO.

Even then, I got the rejection. So I decided to do an appeal. Now I got contacted by the appeal division to send the remaining years' NOA as proof and a letter explaining under H&C (Humanitarian and Compassionate Ground) as to why I need my parents here.

Have anyone experienced this appeal process and any advice to me as to how I should draft the letter?

Thanks

 

[mikeymyke]

There's really not much you can do here. Appeal only works if you have actual proof you met MNI in 2010.

Why did you apply despite not meeting the 2010 income? If you had waited the year after, you would've been successful

 

[shan30]

There's really not much you can do here. Appeal only works if you have actual proof you met MNI in 2010.

Why did you apply despite not meeting the 2010 income? If you had waited the year after, you would've been successful

I understand. Now that I have applied for the appeal. Do you have any idea regarding the letter of explanation I need to submit. Any points that I need to include?

Thanks

 

[scylla]

I understand. Now that I have applied for the appeal. Do you have any idea regarding the letter of explanation I need to submit. Any points that I need to include?

Thanks

Recommend you read through this in detail:

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/permanent-residence/humanitarian-compassionate-consideration/processing/assessment-hardship-assessment.html

 

[shan30]

Recommend you read through this in detail:

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/permanent-residence/humanitarian-compassionate-consideration/processing/assessment-hardship-assessment.html

Thank you Scylla. It talks about H&C due to hardship and other factors. Although it doesn't reflect my situation, it was helpful nevertheless.

Thanks

 

[scylla]

Thank you Scylla. It talks about H&C due to hardship and other factors. Although it doesn't reflect my situation, it was helpful nevertheless.

Thanks

H&C is about hardship. If CIC has asked you for the H&C reasons, you'll need to address hardships in your letter.

 

[shan30]

H&C is about hardship. If CIC has asked you for the H&C reasons, you'll need to address hardships in your letter.

But my application was refused due to the 1st year MNI was not enough. Should I not consider explaining them on how I am meeting the MNI since I applied till now? rather than focus on hardship?

 

[YVR123]

But my application was refused due to the 1st year MNI was not enough. Should I not consider explaining them on how I am meeting the MNI since I applied till now? rather than focus on hardship?

Your application was accepted to start processing in 2014 January. So you need to follow the MNI at that point NOA 2010, 2011, 2012.
If your income DID not meet the requirement, it was rightfully refused. You should have waited to apply in 2015 instead of rushing it in at 2014.

 

[Rob_TO]

But my application was refused due to the 1st year MNI was not enough. Should I not consider explaining them on how I am meeting the MNI since I applied till now? rather than focus on hardship?

So you think everyone should be able to apply even if they don't meet the 3 previous years income, simply if they will meet it going forward? What do you think the point would be then to even have the 3 year rule to begin with, it IRCC would just let anyone get out of it?

Your app did not qualify when you applied. Your only chance in an appeal is to prove significant H&C reasons exist to overcome the income rule. Showing you meet LICO currently does not overcome the fact you submitted an ineligible app at the time.

You really should have just waited until 2015 to apply.