+1(514) 937-9445 or Toll-free (Canada & US) +1 (888) 947-9445

Did anyone get a letter with notice off Act A 39 ( financial reasons) ?

Canadaideaal

Full Member
Mar 16, 2015
49
1
Ontario
Category........
NOC Code......
7172
Job Offer........
Pre-Assessed..
App. Filed.......
19-05-2015
AOR Received.
20-05-2015
Med's Request
25-04-2015
Med's Done....
08-05-2015
Passport Req..
21-02-2016
VISA ISSUED...
03-03-2016
LANDED..........
07-03-2016
Did anyone get a letter with notice off Act A 39 ( financial reasons) ?

I got that letter last week.

Applied for PR Mai 2015. ( under CEC )
Got everything done, medical, language test,all paperwork okay, but..... now this.
What happened ?

I am here on a temporary work permit, but want to stay here.
I've a larger family, with own and adopted children total of 9.
I am working as a carpenter in a company who sponsored me in 2013.
Got LMIA and work permit.

I never knew that immigration is using a " low income cut off" ( Low income cut off, table 3 ).
It looks like I have to have a income from about $ 88.600 per year to care and support my family.
I don't reach that amount at this moment.
My oldest children are working under a long term contract and are bringing $ 35.000. and together with their income I am far over the minimum, but I don't know they will count this as "family" income, or will the count only my earnings ?

Does anybody have any experience like this? and when "yes" what did you do?

The Letter shows me the next :

39. A foreign national is inadmissible for financial reasons if they are or will be unable or unwilling to support themself or any other person who is dependent on them, and have not satisfied an officer that adequate arrangements for care and support, other than those that involve social assistance, have been made.


Thanks in advance for answering.
 

scylla

VIP Member
Jun 8, 2010
95,938
22,177
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
How old are you children who are working? Are they still living at home with you?
 

jes_ON

VIP Member
Jun 22, 2009
12,088
1,421
Category........
Visa Office......
New York
Job Offer........
Pre-Assessed..
App. Filed.......
06-May-2010
AOR Received.
13-Aug-2010
File Transfer...
01-Mar-2011
Passport Req..
30-Jun-2011
VISA ISSUED...
12-Jul-2011 (received 25-Jul-2011)
LANDED..........
03-Sep-2011
Canadaideaal said:
Did anyone get a letter with notice off Act A 39 ( financial reasons) ?

I got that letter last week.

Applied for PR Mai 2015. ( under CEC )
Got everything done, medical, language test,all paperwork okay, but..... now this.
What happened ?
Can you clarify about the letter - was it a request for information, or a refusal, or...? Is a response required?

First time I'm hearing of this - esp. with CEC class, which is generally exempt from the proof of income requirement (as is someone with a LMIA (and presumably a valid offer of permanent employment).

But then again, it's first time I'm hearing of someone with a family size of 9. Are all 9 (assuming you, your spouse, and 7 children who were under the age of 19 at the time you applied) part of the application?
 

Canadaideaal

Full Member
Mar 16, 2015
49
1
Ontario
Category........
NOC Code......
7172
Job Offer........
Pre-Assessed..
App. Filed.......
19-05-2015
AOR Received.
20-05-2015
Med's Request
25-04-2015
Med's Done....
08-05-2015
Passport Req..
21-02-2016
VISA ISSUED...
03-03-2016
LANDED..........
07-03-2016
My children are all still living at home.

And I have to response on this letter.
It's not a refusal at the moment, but when i don't sent further information, they will decide on the information what they have right now.

thanks for your responses.
 

Canadaideaal

Full Member
Mar 16, 2015
49
1
Ontario
Category........
NOC Code......
7172
Job Offer........
Pre-Assessed..
App. Filed.......
19-05-2015
AOR Received.
20-05-2015
Med's Request
25-04-2015
Med's Done....
08-05-2015
Passport Req..
21-02-2016
VISA ISSUED...
03-03-2016
LANDED..........
07-03-2016
And yes, all of my children are part of the application.
I've 9 children under 19, spouse and myself, also 11 people.
( it was a expensive trip on the plane) :)
 

jes_ON

VIP Member
Jun 22, 2009
12,088
1,421
Category........
Visa Office......
New York
Job Offer........
Pre-Assessed..
App. Filed.......
06-May-2010
AOR Received.
13-Aug-2010
File Transfer...
01-Mar-2011
Passport Req..
30-Jun-2011
VISA ISSUED...
12-Jul-2011 (received 25-Jul-2011)
LANDED..........
03-Sep-2011
Wow. OK, I know you don't need another expense, but my first recommendation to you is to go see an immigration lawyer.

I think your response will have to be a combination of:

1) Proof of income - see this for some guidance about what you can and cannot use: http://www.cic.gc.ca/english/information/applications/guides/5482Eguide.asp

2) Proof of funds (savings)

I don't know if you will be allowed to use the children's income as part of household income.

Again, the best thing you could do is consult with a lawyer -