financial evaluation
- Thread starter rayearth
- Start date
In the evaluation form, it is not asking what year. Its asking "at the time of application" every family member that is dependent on you financially.rayearth said:
Thanks for answering my question
because i just want to sponsor my mom and my younger sister but that thing is if i going to include my sister the problem is that my 2014 income both me and my wife is short 3 thousand plus, so what going to happen now is i can only sponsor my mom but not my younger sister?
because i just want to sponsor my mom and my younger sister but that thing is if i going to include my sister the problem is that my 2014 income both me and my wife is short 3 thousand plus, so what going to happen now is i can only sponsor my mom but not my younger sister?
Regardless of whether your sister is accompanying or not, she must still be included in the LICO count.rayearth said:
As you don't meet LICO for 2014, the earliest you would be able to sponsor your mom is 2019, assuming you meet LICO for 2015, 2016 and 2017.
If your sister ages out as a dependent before then and therefore is no longer included in the 2014 LICO, you can apply earlier.
Quote from: mannel on December 11, 2016, 06:28:04 am
This is all about a baby. You have to count you and people who are being sponsored but if a baby was born this year, she or he does not need to be counted on all years.
People to be counted always and for all year are sponsor and people being sponsored. A spouse or baby who did not exist for example year one are not counted.
I just saw this in the other thread
so instead of 6 it will be 5 the size of family because my wife recently gave birth last October 2016 and he will not be counted in the last 3 years of taxation?
This is all about a baby. You have to count you and people who are being sponsored but if a baby was born this year, she or he does not need to be counted on all years.
People to be counted always and for all year are sponsor and people being sponsored. A spouse or baby who did not exist for example year one are not counted.
I just saw this in the other thread
so instead of 6 it will be 5 the size of family because my wife recently gave birth last October 2016 and he will not be counted in the last 3 years of taxation?
This is how some people are choosing to interpret the rule. Unfortunately this isn't how CIC interprets the rule. You need to meet LICO for 6 individuals in order to qualify to apply.rayearth said:
when you are filling up financial evaluation form question 7 and on the guide itself it says "Total # of persons for the purpose of determining your minimum necessary income". So whatever # is there, that's whats to be used to determine if you qualify no matter when the baby was born.
That is incorrect. IRCC requires that you meet LICO for every year using the family size at the time that you submit the app.rayearth said:
It is only when a child is born AFTER submitting the app that the sponsor is not required to include them in the original LICO.
Quote from: jaski on November 21, 2016, 07:41:49 pm
Guys i dont know about this all. I have called CIC and confirmed with them. Income is calculated according to family size every year. They check income of 2013 with family size of 2013. Same with 2014 and 2015. There is so much confusion where people are just saying that you do not qualify. This is not mention anywhere on any official website that says that you must meet the income equals to size of family in last year.
This is correct. I have confirmed this things from other sources also
Guys i dont know about this all. I have called CIC and confirmed with them. Income is calculated according to family size every year. They check income of 2013 with family size of 2013. Same with 2014 and 2015. There is so much confusion where people are just saying that you do not qualify. This is not mention anywhere on any official website that says that you must meet the income equals to size of family in last year.
This is correct. I have confirmed this things from other sources also
The IRCC Call Centre gives out wrong information all the time, especially to questions that require any amount of research or thought.rayearth said:
If that was how IRCC processed it, the form and instructions would be state such and be much different.
I agree with you Rayearth.rayearth said:
If the family composition changes throughout 3 last years, you only need to count in the real # of people in the picture. If you have a baby in 2016, you don't count her in for the year of 2013, 2014 and 2015.
The family composition can be a changing situation, and it is for this reason that CIC asks applicants for the update of change of family composition after submission of application. CIC has to be reasonable and consistent with their assessment policy.
In addition, the immigration law stipulates that the sponsor's income must be calculated on the basis of the last notice of assessment, which means, you only need to submit NOAs for the year of 2013, 2014 and 2015 for intake 2017, BECAUSE, you won't be able to have 2016 NOA by then.
However, you need to explain the situation in a letter, and provide your 2016 2016 to CIC once it is available to you as your family size is 5 in 2016.
Hope this helps.
Ivory
Again, incorrect. This is not how IRCC applies the rule. A person must meet LICO for every year using the family size at the time they apply. If the family size increases after the app is submitted, the LICO increases from that year on.IvoryX said:
I respectfully don't agree with with canuck_in_uk.canuck_in_uk said:
My interpretation of the provision is not a wishful thinking. It is based on the understanding of the intention of the Parliament, search on case laws, consultation with my experienced peers who have been in the field for over 20 yrs, and confirmation of successful cases on the subject.
One of the subjective of the IMM Act under A3(1)(d) is to "to see that families are reunited in Canada. When the program was re-introcuded in 2014, along with other rules, the financial qualification period (prior the submission of application) has been extended from 1 yr to 3 yrs. It is to see the financial stability of the sponsor, and the ultimate goal is to reduce the chance of the sponsored going on social assistance. The is the whole point. It is not created as a piece of technicality to refuse applications. IMM Laws have to looked at and interpreted with the intention of Parliament in mind at all times.
Change of family composition is not uncommon. Given the number of years it may take from the start to the finish, CIC wants to see if sponsor remains financially through out of the process. CIC requires update on the family unit size changes after the submission of the application to have a real picture of the financial needs of the everyone included. It could be new born or deceased or divorce, you name it. It is to see the REAL picture. If CIC would look at real picture after the submission, why wouldn't they prior the submission. Policy has to be interpreted consistently and reasonably.
Visa officers do make mistakes from time to time and CIC call centre may give inconsistent advice. More important, IMM laws is not black and white and sometimes is subject to individual's interpretation. That is why cases have been brought to IAD or Federal court for judgement on the daily basis.
I looked at some case laws, but unfortunately haven't located any one to back up my interpretation. I will keep looking and share my findings once I get one.
In addition, I have VERY reliable sources where experienced professionals have confirmed approvals of the similar cases.
Ivory
You have to count how many people are supported by you and/or the co-sponsor "at the time of application"..baby is a person...count him. The rule is simple, do not try to interpret it another way.rayearth said:
If you don't meet the minimum, don't apply, its a waste of time and money.