DECEMBER 2013 OUTLAND APPLICANTS – Join Here!!!

[vikasgandhi]

Hi All

I got my SA letter (physical letter) on Jan 30th dated Jan 23rd

hahaha... you are exactly like me... you are here as well... lol

 

[crawf307]

Tell me about it! I just went back to school for my PhD and I recently saw a thread where a student supposedly was approved as a sponsor but her husband's application was refused later because the VO said she didn't meet the financial requirements (regardless of the no minimum income part). After some research I found that I'm above the Canadian guidelines for income for a certain number of dependents, so it shouldn't be an issue. But man... that was extra stress I didn't need!

Well that just freaked me out a bit! My Canadian husband received his sponsorship approval for my application, but he's a student and only working a part-time job - he's going back to medical school. We wrote a long letter about his financial situation and detailed his savings and my ability to secure a job in my field. My company has a Toronto office, but they wouldn't do an LMO for me to get a work visa, but they are planning to have me work out of that office after this process is over.

I've been kind of worried that even though he got approval that they may not approve me because he doesn't have much in the finances department (other than some savings).

 

[MapleLeafBride]

Well that just freaked me out a bit! My Canadian husband received his sponsorship approval for my application, but he's a student and only working a part-time job - he's going back to medical school. We wrote a long letter about his financial situation and detailed his savings and my ability to secure a job in my field. My company has a Toronto office, but they wouldn't do an LMO for me to get a work visa, but they are planning to have me work out of that office after this process is over.

I've been kind of worried that even though he got approval that they may not approve me because he doesn't have much in the finances department (other than some savings).

I'm pretty sure the spouse wasn't from a "western" country in the case I read about. And there may be more to the story that wasn't brought up. For both our sakes, I'm going to suppose that they might be more lenient towards an American spouse. There's less of a potential language barrier and credentials tend to transfer across borders, suggesting an easier time to find work. With that said, I did have my supervisor write me a letter outlining my guaranteed funding over the next 3 years, so if there is a concern, hopefully that helps. I'm sure you guys are going to be fine, especially if you have a company to work for and he'll be a doctor in the near future! More education = better future job, right? That's what I keep telling myself.
But then it seems the CIC surprises every day!

 

[MapleLeafBride]

Well that just freaked me out a bit! My Canadian husband received his sponsorship approval for my application, but he's a student and only working a part-time job - he's going back to medical school. We wrote a long letter about his financial situation and detailed his savings and my ability to secure a job in my field. My company has a Toronto office, but they wouldn't do an LMO for me to get a work visa, but they are planning to have me work out of that office after this process is over.

I've been kind of worried that even though he got approval that they may not approve me because he doesn't have much in the finances department (other than some savings).

Also, why would the Canadian government want to punish their own citizens who pursue higher education by making it harder for them to be with their loved ones? It would be a waste to put money towards these institutions only to have those who graduate leave the country and contribute elsewhere!

 

[Avadava]

I think every case is different and people have different situations.

I also have read about people being denied for financial inadmissibility, but we don't really know their story. I think what raises red flags is if the applicant doesn't speak good English, if they don't have an employment history (or if they do, is poor - for example worked a couple of months out of the year), education (you don't necessarily need a college degree or a masters, but for example a person that didn't finish high school would have lower employment opportunities), etc.

I think we need to trust that the visa officers are experienced and trained in the matter of financial inadmissibility and would take lots of things into consideration before reaching this decision.

I was worried too, when I read about that. In fact, every time I read a negative experience on this forum, I always try to compare it to my case. I don't have a college degree, but I have been working for the past 5 years, self employed. My English is good, I am very resourceful and surprisingly I already have 2 job offers in Canada. As an immigrant, that's never been to Canada (no Canadian job experience and holding certificates that aren't even recognized in Canada), I think that's pretty good. And should the visa officer doubt my chances of finding employment, I can provide enough proof to change his/her mind.

This whole process is like a roller coaster. There are days when you feel filled with joy and days when you become paranoid and filled with doubt. Just stay positive and remember that everything happens for a reason.

 

[jkgtr]

Tell me about it! I just went back to school for my PhD and I recently saw a thread where a student supposedly was approved as a sponsor but her husband's application was refused later because the VO said she didn't meet the financial requirements (regardless of the no minimum income part). After some research I found that I'm above the Canadian guidelines for income for a certain number of dependents, so it shouldn't be an issue. But man... that was extra stress I didn't need!

Oh yeah thanks for bringing that up, my wife is a PhD student just finishing here in the UK and she is also my sponsor.....that now just implants more concerns in the back of my brain thanks MLB lol

but as has just been said, i am sure / hope that it is based in individual cases

 

[Shaw]

In this regard please consult CIC website. Only people living on welfare beyond disablity are denied. Othercases like Student loan, unemployment etc are approved and it is law. CIC has no legal standing to deny these cases and if they deny they have face legal suits and pay compensations.

 

[Avadava]

In this regard please consult CIC website. Only people living on welfare beyond disablity are denied. Othercases like Student loan, unemployment etc are approved and it is law. CIC has no legal standing to deny these cases and if they deny they have face legal suits and pay compensations.

This is from section 9 of the 02OP Manual - Evaluating inadmissibility (it is the manual/guide for all visa officers):

"9. Financial reasons
CIC has the policy responsibility with respect to financial inadmissibility [A39].
A39 describes people who are or will be unable or unwilling to support themself or any
person who is dependent on them for care and support. If the person satisfies an officer
that adequate arrangements for care and support (not involving social assistance) are in
place, then they do not fall within this inadmissibility provision."

Also, please take a look at this: http://www.canlii.org/en/search/search.do?text=financial%20inadmissibility (read the first 2 cases)

You will find appeal cases in which the sponsored spouse (applicant) was refused permanent residency on financial grounds. If the visa officer thinks the immigrant is not able or not willing to support himself, or does not have any financial arrangements and has high chances of going on social assistance, then they will refuse your application. You are "financially inadmissible to Canada under section 39".

People living on welfare do not even pass the first stage, but that is a different matter. CIC does have legal standing in denying an immigrant if CIC thinks the immigrant will not be able to find a job and care for himself financially. The only good thing about spouse sponsorship is that the sponsor does not have to meet minimum income requirements (LICO). But both the sponsor and the sponsored person must satisfy the visa officer that they are financially stable and will not go on social assistance, once in Canada.

This is a quote of the visa officer from case 2:

"Pursuant to section 39 of the [IRPA], I have determined that you are a person who would be “unable/unwilling” to support yourself and any other person who is dependent on you because no satisfactory proof of income or savings have been provided as requested. You have not satisfied me that adequate arrangements for care and support, other than those that involve social assistance, have been made. As a result, you are inadmissible to Canada.[2]

The CAIPS (Computer Assisted Immigration Processing Systems) notes indicate the following:

YOU DO NOT SPEAK ENGLISH AND YOU HAVE SECONDARY EDUCATION. YOU HAVE LIMITED TRANSFERABLE SKILLS AND NO PROOF OF SAVINGS. ACCORDING TO YOUR ANSWERS ABOVE, I AM OF THE OPINION THAT YOU WILL NOT BE ABLE/WILLING TO SUPPORT YOURSELF WITHOUT RELYING ON YOUR SPONSOR AND/OR SOCIAL ASSISTANCE DURING THE INITIAL SETTLING PERIOD. LOOKING AT THE 2008 NOA (TOTAL INCOME OF $21, 885) OF YOUR SPONSOR AND WITHOUT KNOWLEDGE OF WHETHERE HE IS STILL EMPLOYED. IT IS EVIDENT THAT HE OR YOU WILL NOT BE ABLE TO SUPPORT THE FINANCIAL BURDEN OF THE FAMILY AS THE MINIMUM CANADIAN STANDARD AMOUNT (LICO) FOR 3 PERSONS TO SELL IN CANADA IS $33, 159. [Errors not mine.]"

In this case, the visa officer thought the sponsored spouse will not be able to support herself financially. He/she requested for more documents as proof of financial stability of the immigrant. As you can see, the appeal was dismissed.

The notes of the judge who dismissed the appeal:

"[29] Unfortunately, the Panel must conclude that the applicant, even if she finds employment in Canada as a cashier or in the service industry, is unlikely to command a high wage for the foreseeable future based on several negative factors that would likely make difficult the applicant’s establishment in Canada and in particular her integration into the labour force in any meaningful way. From the perspective of education, language, or employment history the applicant would come to Canada significantly handicapped in respect of several of the preconditions for successful entry into the labour force. The applicant lacks English language skills.[13] Based on her application for permanent residence, she has twelve years of education and some work experience as a cashier and sewer. In her interview she said she was a worker in an electronic company.[14] The appellant testified that she has been selling electronic appliances for about one year. I note that there was no documentary evidence of her current employment.

[30] It was submitted that the applicant has experience as a cashier and that she will find work; that there are many cashier jobs available in the several Chinatowns in Toronto. A job offer letter was submitted from Xing He Ginseng & Tea.[15] I find that this letter is not a binding offer and therefore I give it very little weight. There was insufficient evidence to support the submission that there are cashier jobs available or that she would be able to compete with other people lacking English skills who already reside in Canada and are also looking for work in retail
outlets in many of the Chinese communities. He said that she has about $7,500 in savings that would help her to get settled in Canada. Even if she has these savings now, there is nothing to bind her to ensure that she brings it with her to Canada. Without sufficient financial information and other documentary evidence, which I note the appellant could’ve provided but did not, the Panel takes no comfort from the appellant’s reassurances that the applicant will find work and that she will be able to support herself and her son in Canada.

[31] Moreover, the applicant did not testify and, therefore, the Panel was unable to assess her willingness to work at this time. The appellant’s testimony alone did not satisfy the Panel that she is willing or will be willing to support herself and her son. Therefore, I find that she is or will be unable or unwilling to support herself and her son who is dependent on her"

 

[aflower]

HELP PLEASE?

As I've mentioned in a previous post, I have been waiting for almost two months on an approval letter for my sponsor. Well, we got the letter today and I am sooo confused. My parents and I were landed immigrants in Canada in 1980 and I lived here for the first 13 yrs of my life. Anyway, I haven't been in Canada as a resident since 1993, but the letter says that I have previously entered Canada as a permanent resident and I have to determine my current Canadian Immigration Status. It gives me no guide on how to do it and the directions as to what follows are so vague.

Does anyone know how I can look that up? I mean, I'm amazed that they can't just see everything and know that my status isn't current....I mean they are immigration aren't they?

 

[Avadava]

HELP PLEASE?

As I've mentioned in a previous post, I have been waiting for almost two months on an approval letter for my sponsor. Well, we got the letter today and I am sooo confused. My parents and I were landed immigrants in Canada in 1980 and I lived here for the first 13 yrs of my life. Anyway, I haven't been in Canada as a resident since 1993, but the letter says that I have previously entered Canada as a permanent resident and I have to determine my current Canadian Immigration Status. It gives me no guide on how to do it and the directions as to what follows are so vague.

Does anyone know how I can look that up? I mean, I'm amazed that they can't just see everything and know that my status isn't current....I mean they are immigration aren't they?

I think it is best to post this question on the open forum, so the senior members can help you. This is what I found so far:
"If you have ever been a landed immigrant or permanent resident
If you have ever been a landed immigrant or permanent resident, but you no longer consider yourself one, please read this section:

You are assumed to be a permanent resident until a formal assessment is done by a visa officer. This is true even if you have not met your residency obligations. Therefore in order to re-enter Canada, you must submit an application for a permanent resident travel document (PRTD) so that a visa officer can assess your residency status. Although you may not want a PRTD, a completed application form provides the information required to assess your residency status.

If you require a visa or permit as well, then you may submit your completed PRTD application inside your visa/permit application. You will only need to pay the fees for the visa/permit application. You do not need to pay the fees for your residency assessment.
If the visa officer determines that you have not met your residency obligations, he will notify you that you are no longer a permanent resident of Canada. If this is the case, you will need to meet the same entry requirements as any other temporary resident applicant."

Basically, you must submit a PRTD to your local visa office, so they can assess your permanent residence status. They will then notify you that you are no longer a permanent resident (because you have not met the residency requirements), and you can send that paper to where your spousal application is being processed.
Loss of permanent residence status is not automatic. It requires a determination by an officer. If no officer makes a decision that PR status is lost, then the person is still a permanent resident.

Here you will find the application package for PRTD: http://www.cic.gc.ca/english/information/applications/travel.asp
You must submit this application for them to establish your status.

 

[princessice]

Sis, is it your PR that's in process?

Hi sis yup! ;D kaya as much as possible i don't stress about the application too much kc nagkakasakit ako e may progress naman. Gnagawa ko na lng busy sarili ko to pass time. Concentrate at work and voila! An update

 

[O_guy]

I have question for you folks who have received your SA. It currently says on the CIC website that it takes 33 days after submission to process your case. In my case, the 33-day waiting ends this coming week. My question is, how long after that will I likely receive the SA? Another words, how long does the Case Processing Center in Mississauga take to process SA? Is it matter of weeks or days?

Would appreciate response based on your experiences.

 

[Shaw]

HELP PLEASE?

As I've mentioned in a previous post, I have been waiting for almost two months on an approval letter for my sponsor. Well, we got the letter today and I am sooo confused. My parents and I were landed immigrants in Canada in 1980 and I lived here for the first 13 yrs of my life. Anyway, I haven't been in Canada as a resident since 1993, but the letter says that I have previously entered Canada as a permanent resident and I have to determine my current Canadian Immigration Status. It gives me no guide on how to do it and the directions as to what follows are so vague.

Does anyone know how I can look that up? I mean, I'm amazed that they can't just see everything and know that my status isn't current....I mean they are immigration aren't they?

You give a call to the call-centre and ask them what papers will satisfy them and if you can resolve it that way it will be fine.

If the Call-centre guy can not tell what papers will satisfy their quary, then sent CIC an email at Question@cic.gc.ca explaining your situation and ask them to advise you what papers will satisfy them and also request them to contact you over phone to discuss your situation. It is a recorded request to a govt agency and they will definitely tell you what paper will satisfy them. I know they respond to emails. Also remember you paid them fee for the service.

 

[dollinexile]

Hi sis yup! ;D kaya as much as possible i don't stress about the application too much kc nagkakasakit ako e may progress naman. Gnagawa ko na lng busy sarili ko to pass time. Concentrate at work and voila! An update

Halaaa! I hope we get ours too! I hurriedly checked mine. Waley pa rin.

 

[Ellasg]

I don't have a degree either
I have graduated from highschool though.
But... I'm 19 years old, is that a red flag?
too young?