Low Income Cut off not met for a single year

[IvoryX]

For an inland spousal application with children, asking H&C doesn't hurt.

 

[Buletruck]

Insert Quote
For an inland spousal application with children, asking H&C doesn't hurt.

Pretty sure there is no appeal on inland spousal sponsorship.

 

[IvoryX]

Agreed, no appeal for inland spousal sponsorship.
Correct too not much point to put forward H&C for Outland spousal unless exceptional circumstances.
Enjoyed the discussion.

 

[anonGym]

I am on the similar stage here... I met the requirement for 2 years, but for the third year, I had to go back to my country for 2 months to get married and for honeymoon and my employer did not approve my leave so I had to quit. When I came back, I didnt get a job for another 1.5 months, so I eventually fell short of the requirement. Will a letter of explanation stating the above be of any help? along with proof of current salary from current employer? or is it a strict outright no once you dont meet 3 consecutive years, regardless of the circumstances, and given the fact that you do have a salary as of right now which meets the requirement. can someone please help me with my situation? Thank You.

 

[KloveG]

I am on the similar stage here... I met the requirement for 2 years, but for the third year, I had to go back to my country for 2 months to get married and for honeymoon and my employer did not approve my leave so I had to quit. When I came back, I didnt get a job for another 1.5 months, so I eventually fell short of the requirement. Will a letter of explanation stating the above be of any help? along with proof of current salary from current employer? or is it a strict outright no once you dont meet 3 consecutive years, regardless of the circumstances, and given the fact that you do have a salary as of right now which meets the requirement. can someone please help me with my situation? Thank You.

I don't believe you have to meet a requirement for 3 years in a row. Honestly I think it's all on discretion etc and if you can provide them with a letter just stating what you said. I've heard a lot of different responses and stories. However, I do have a personal friend who sponsored her husband. She actually lived in his country for a bit and came back to Canada once she found out she was pregnant. She didn't really have any income at all and they were approved with nothing extra asked of them and within 8 months.

It's so hard not to stress about it. I know because I am stressing about it too. But the reality is, is that I support myself and my son and have for the past 17 years without any additional help. The past year I can prove via bank statements that I pull in a decent income. And not to mention I make a trip every 3 months to see my husband which is not cheap! That alone can provide the basics for him if I didn't have to travel back and forth!

 

[canuck_in_uk]

I am on the similar stage here... I met the requirement for 2 years, but for the third year, I had to go back to my country for 2 months to get married and for honeymoon and my employer did not approve my leave so I had to quit. When I came back, I didnt get a job for another 1.5 months, so I eventually fell short of the requirement. Will a letter of explanation stating the above be of any help? along with proof of current salary from current employer? or is it a strict outright no once you dont meet 3 consecutive years, regardless of the circumstances, and given the fact that you do have a salary as of right now which meets the requirement. can someone please help me with my situation? Thank You.

Yes, your app will be refused if you don't meet LICO for one year. It is a definitive cutoff that must be followed, much like income tax brackets. It is down to the dollar.

I don't believe you have to meet a requirement for 3 years in a row. Honestly I think it's all on discretion etc and if you can provide them with a letter just stating what you said. I've heard a lot of different responses and stories. However, I do have a personal friend who sponsored her husband. She actually lived in his country for a bit and came back to Canada once she found out she was pregnant. She didn't really have any income at all and they were approved with nothing extra asked of them and within 8 months.

It's so hard not to stress about it. I know because I am stressing about it too. But the reality is, is that I support myself and my son and have for the past 17 years without any additional help. The past year I can prove via bank statements that I pull in a decent income. And not to mention I make a trip every 3 months to see my husband which is not cheap! That alone can provide the basics for him if I didn't have to travel back and forth!

anonGym is referring to the 3 year income requirement for parent sponsorship, to which there is no discretion.

 

[anonGym]

Yes, your app will be refused if you don't meet LICO for one year. It is a definitive cutoff that must be followed, much like income tax brackets. It is down to the dollar.


anonGym is referring to the 3 year income requirement for parent sponsorship, to which there is no discretion.

Thanx for the response!! really appreciated!! May I ask how you are so certain? Has there been any similar cases? Or is there any way to confirm this from CIC themselves?

 

[canuck_in_uk]

Thanx for the response!! really appreciated!! May I ask how you are so certain? Has there been any similar cases? Or is there any way to confirm this from CIC themselves?

It's the rules. That's it. They can't make exceptions for anyone because if they did, then everyone that doesn't meet LICO could start a legal case against IRCC for not granting them an exception. There would be no reason in even having an income requirement.

 

[anonGym]

Thanx! guess I will have to start all over again... 4 more years..

 

[IvoryX]

Thanx for the response!! really appreciated!! May I ask how you are so certain? Has there been any similar cases? Or is there any way to confirm this from CIC themselves?

Unfortunately, one thing many people don't know is the entire immigration profram system is based on the Immigration laws. Officers have to follow exactly what the law requires; they have absolutely no discretion in most situation. The question we discuss here is such an example. If you want to see what law says, you may want to read s. 133(1)(j)(i)(B）and s. 134(2) and s.134(3)(c) of the Immigration an Refugee Protection Regulation all together.