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."