Grandparents super visa denied even though I exceed MNI

[NSMatt]

Hello, I am hoping someone can shed some light on a refusal for my wife's mother's super visa, and confirm that spouse's income is used to determine minimum necessary income to sponsor.

We applied for a super visa with my wife as a host and me as a co-host, we far exceed the MNI, our family is only my wife and I, with a baby on the way. Our combined household income is over 200,000 for last year. I included my wife's NOA at 35k and mine at 175k, together with bank and investment account statements.

The denial letter came back stating "You have failed to demonstrate that your child/grandchild meets the minimum necessary income."

I went to my MP's office, she called IRCC who said that "with a Supervisa they only take the actual son or daughter or grandson or granddaughter". I dont beleive this to be true and I have read otherwise on this forum.

 

[scylla]

Hello, I am hoping someone can shed some light on a refusal for my wife's mother's super visa, and confirm that spouse's income is used to determine minimum necessary income to sponsor.

We applied for a super visa with my wife as a host and me as a co-host, we far exceed the MNI, our family is only my wife and I, with a baby on the way. Our combined household income is over 200,000 for last year. I included my wife's NOA at 35k and mine at 175k, together with bank and investment account statements.

The denial letter came back stating "You have failed to demonstrate that your child/grandchild meets the minimum necessary income."

I went to my MP's office, she called IRCC who said that "with a Supervisa they only take the actual son or daughter or grandson or granddaughter". I dont beleive this to be true and I have read otherwise on this forum.

You are right. MP is wrong.

Was your NOA your personal NOA and not a business NOA? Assuming so, I would request reconsideration directly with IRCC vs working through the MP. This is an error.

 

[NSMatt]

You are right. MP is wrong.

Was your NOA your personal NOA and not a business NOA? Assuming so, I would request reconsideration directly with IRCC vs working through the MP. This is an error.

It was a personal NOA, thank you. I will apply for reconsideration through the webform.

 

[NSMatt]

For anyone looking for this in the future, the relevant section of the law is 3(2) of the Ministerial Instructions regarding the Parent and Grandparent Super Visa (2023) which reads "The income of the co-signing spouse or common-law partner is calculated in accordance with the definition of “minimum necessary income”, with any modifications that the circumstances require, and should be included in the calculation of the host’s income."

 

[scovit]

@NSMatt did you get any update from IRCC on your reconsideration through the webform? I received the same refusal letter today and my situation is almost same as yours in terms of finances. Kindly let me know what documents did you further submit.

 

[vivekbala]

You have failed to demonstrate that your child/grandchild meets the minimum necessary income; and proof of the co-signer’s relationship to the host.

I received the same refusal today. Anyone any feedback further about this refusal?

My wife as host (not working) and I as a co signer we provided notarized invitation letter.

I provided all my NOA,T4, employment letter, payslips everything and my income 135K.

Provided Passport as proof of relationship for all of us.
Parents, husband and wife all proof from the passport.

 

[YVR123]

You have failed to demonstrate that your child/grandchild meets the minimum necessary income; and proof of the co-signer’s relationship to the host.

I received the same refusal today. Anyone any feedback further about this refusal?

My wife as host (not working) and I as a co signer we provided notarized invitation letter.

I provided all my NOA,T4, employment letter, payslips everything and my income 135K.

Provided Passport as proof of relationship for all of us.
Parents, husband and wife all proof from the passport.

Generally birth certificate is used to proof relationship of parents and child. And marriage certificate is to proof relationship of spouses.

 

[vivekbala]

Ok.
I provided passport as proof for me and my spouse with spouse name on both passport and also wrote a letter that this is the proof we are attaching.
Same for my in laws also, my wife’s passport that has her parents name on it and wrote a letter on it as well.
Will it not be valid ?

 

[YVR123]

Ok.
I provided passport as proof for me and my spouse with spouse name on both passport and also wrote a letter that this is the proof we are attaching.
Same for my in laws also, my wife’s passport that has her parents name on it and wrote a letter on it as well.
Will it not be valid ?

So you don't have marriage certificate? And she doesn't have birth certificate?
Most countries do not have spouse name nor parents names on passport.

If you don't have those documents, write a letter of explanation to show why. And provide what you have. They may or may not accept the proof.

 

[vivekbala]

Ok got it. Thanks for the advise.
I have the marriage certificate and I will have to check her birth certificate.
Let me verify and re apply with actual documents again.
Thanks again.

 

[NSMatt]

@NSMatt did you get any update from IRCC on your reconsideration through the webform? I received the same refusal letter today and my situation is almost same as yours in terms of finances. Kindly let me know what documents did you further submit.

I submitted a reconsideration through the webform, quoting the ministerial instructions as per above and basically telling them that they had failed to properly evaluate the application. After a week or two the application was reopened (no apology, or letter stating that it was reopened), but rather, my mother in law was just moved to the next stage of the process and told to go for a medical. Her supervisa was eventually granted. I had already included my marriage certificate in the original application.