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minimum necessary income

boaz

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Hi,

I'm not sure about something. who must meet the minimun necessary income in order to sponsor a common law partner?
does this apply just for sponsoring other family members and not your partner? or just when children involved ?

Many thanks...
 

ashunandal

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boaz said:
Hi,

I'm not sure about something. who must meet the minimun necessary income in order to sponsor a common law partner?
does this apply just for sponsoring other familt members and not your partner?

Many thanks...
Only married or common-law couples who have dependents (children) who they are also sponsoring to Canada MUST meet the government's minimum income requirement, depending on the number of family members. So if you are sponsoring BOTH your spouse and your child, you must meet that requirement. If you are sponsoring only a spouse, you still have to show that you have something (like savings and other income or employment income, regardless of amount) to support your spouse for 3 years after they come to Canada.

hope this helps and good luck! :)
 

canadamom

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Apr 25, 2012
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I have a question about this too...I am sponsoring my husband and we have a small child who is a dependant. However our child was born in Canada and is a Canadian citizen...so will I have to show I can provide the minimum income?
Canadamom
 

boaz

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Thanks...! I'm sponsoring only my common law partner. Does a letter from my current employee which states i work their for the last 2.5 years is good enough? or do you think I should supply my last year (2011) tax assessment?
 
V

viictus

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From the CIC website:

Sponsorship eligibility

In order to sponsor, you must…

prove that you have sufficient income to provide basic requirements for your spouse or common-law partner’s dependent children. To do this, you must provide documents showing your financial resources for the past 12 months. This requirement applies only when dependent children who have dependent children of their own are included on the application.
 

Fencesitter

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If you are only sponsoring a spouse or common-law partner, you needn't worry about proving your finances. However, it's probably better if you can provide documentation, such as: letter from employer (required if employed), pay stubs, yearly statements of earnings from employer, tax assessments (Option C or foreign equivalent), etc. I don't think there is a need to submit bank statements showing how much money you have saved, as this is not really a factor. The best thing would be to submit an employment offer from a Canadian employer...that's what really counts because you'll be living in Canada, so showing CIC that you have a job waiting is golden...

FS
 

boaz

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Thanks… those are very helpful advices you’re giving me. About the last one, I’m going to Canada for an MA studies (and not for work) and I received funding package from the university indicating the amount of money I’ll get. Do you think I should attach this as well to my application?
 

OhCanadiana

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boaz said:
Thanks... those are very helpful advices you're giving me. About the last one, I'm going to Canada for an MA studies (and not for work) and I received funding package from the university indicating the amount of money I'll get. Do you think I should attach this as well to my application?
Yes! It will help explain how you and your partner plan to support yourselves. While there is no LICO for spousal applications, they will be looking to make sure you have a solid plan to support yourselves so that you don't end up relying on welfare. Depending on your funding package, you may also want to briefly explain your plan to live (housing, etc) and support yourselves while you move.
 

boaz

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great... I will do that!

the only thing I'm not sure about is my tax assessment. It is from Israel, writen in my currency (NIS), and i'm not sure it will give much light on my economic situation (it might look like very poor salary while in Israel it considers quite high for a student job).

what I'll surely use are:
1. a letter from my employer
2. letter from the canadian university indicating my funding package.

the thing is that the tax form need to be translated (with affidavit signed by a notary public) and it's not cheap. Obviously I have lots of documents to tranlslate and it becomes expensive...
 

OhCanadiana

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boaz said:
great... I will do that!

the only thing I'm not sure about is my tax assessment. It is from Israel, writen in my currency (NIS), and i'm not sure it will give much light on my economic situation (it might look like very poor salary while in Israel it considers quite high for a student job).

what I'll surely use are:
1. a letter from my employer
2. letter from the canadian university indicating my funding package.

the thing is that the tax form need to be translated (with affidavit signed by a notary public) and it's not cheap. Obviously I have lots of documents to tranlslate and it becomes expensive...
I wouldn't expect you to need to submit your Israeli tax assessment (unless your VO specific forms ask for them). They are looking for your income as indicative of your ability to support yourselves once your partner lands, not for historical purposes, and either OP-2 or IP-2 explicitly exclude foreign income from consideration. That's why the checklist asks for Option 2, not your foreign tax assessment. ;)

Regarding translation expense, consider having one affidavit covering all the documents (just have the translator make one statement swearing to all the documents and list the documents in that note.) You can then have the translator sign/initial each page as backup, especially if the notary doesn't attach all the pages to each other.
 

Fencesitter

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OhCanadiana said:
I wouldn't expect you to need to submit your Israeli tax assessment (unless your VO specific forms ask for them). They are looking for your income as indicative of your ability to support yourselves once your partner lands, not for historical purposes, and either OP-2 or IP-2 explicitly exclude foreign income from consideration. That's why the checklist asks for Option 2, not your foreign tax assessment. ;)
That's not entirely accurate. If you are not providing an Option C, it's a good idea to provide the foreign equivalent. Why? To prove that you have been fully employed and not in receipt of government financial assistance, and also to show that you are not bankrupt. Perhaps we are not talking about the same thing?

Providing a detailed explanation along with the foreign tax assessment should satisfy CIC if you are not providing the Option C. This, at least, is what I have read here and elsewhere.

FS
 

OhCanadiana

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Fencesitter said:
That's not entirely accurate. If you are not providing an Option C, it's a good idea to provide the foreign equivalent.

FS
Really?

My post is directly based on the instructions to the visa officers for outland processing of family class applications in OP-2. It gives the visa officers actually no leeway - as shown below:
(1) "The financial test is needed to prove that sponsors can support sponsored persons for the period of the undertaking." (i.e., it is future-looking, not backward-looking so the OPs letter from a Canadian University contributes to this)
(2) "Financial resources must originate from Canadian sources" (while there are exceptions, Israel is not the US ;))
(3) "Discretionary approval of financial requirements is not possible."
(4) ... and most importantly in the OPs case, "The ability to meet the minimum income requirement is mandatory, unless the sponsor is sponsoring a spouse, common-law partner, conjugal partner or a dependent child where the child has no dependent children of their own."

Boaz - to reiterate, I wouldn't expect you to need to submit your Israeli tax assessment. I would encourage you to spend the time and money you would have spent on translating your foreign tax assessment on other parts of your application - or on another fun endeavor :)

The full quote from OP-2 is (bolding mine)
[size=8pt]
"5.30. Financial requirements
The financial test is needed to prove that sponsors can support sponsored persons for the period of the undertaking. For more details, see Minimum Necessary Income Requirement: Low-Income Cut-Off levels (LICO), section 5.32, Exception to Minimum Necessary Income Requirement, section 5.33 and Low Income Cut-Off and Quebec Income Scale, Appendix F.
Financial resources:
• may include the resources of the sponsor’s spouse or common-law partner if the sponsor’s financial resources are inadequate and the sponsor’s spouse or common-law partner declares their resources as income on their Canadian tax return and they co-sign the undertaking.
• cannot include pooled resources from other relatives to meet the income test.
Financial resources must originate from Canadian sources for the following reasons:
• employment income abroad is not a reliable indicator of future or stable employment in Canada.
• CPC staff cannot easily verify if foreign income can be transferred to Canada.
• converting foreign income into Canadian dollars is resource-intensive.

• in cases of default, collection and litigation, it is easier to recover income from Canadian sources.
For more information, see: Exceptions to the Canadian income rule, section 5.31.
5.31. Exceptions to Canadian income rule
The exceptions to the Canadian income rule are as follows:
• sponsors who commute from Canada to work in the U.S.A. can use their U.S. employment income provided it is declared as income on their Canadian income tax return;
• sponsors living in Canada who declare income from foreign sources on their Canadian tax returns, can use this foreign income to meet the financial requirements for sponsorship.
Discretionary approval of financial requirements is not possible.
5.32. Minimum necessary income requirement: Low-Income Cut-Off levels (LICO)
The sponsor’s income must meet the minimum necessary income requirement, as identified annually by Statistics Canada in LICO levels, to support all members of a sponsor’s own family and all sponsored persons and their family members, including family members listed as non- accompanying. The applicable LICO level is based on urban areas of 500,000 inhabitants or more, regardless of where the sponsor lives.
For current LICO figures, see Appendix F.
Sponsors should provide their latest Notice of Assessment from their Income Tax Return provided by Canada Revenue Agency or equivalent document (The “Option C printout” plus the DD.3 Printout which will provide copies of the T4's, T5s, etc.). “Total income” as referred to in R133(1)(j)(i) is the total income shown on line 150 of the Notice of Assessment. The “Option C printout” is provided free of charge by
calling 1-800-959-8281. If sponsors cannot provide a Notice of Assessment/”Option C printout” or their income on the Notice of Assessment is insufficient, they must provide evidence that they meet the applicable minimum necessary income for the 12-month period immediately preceding the sponsorship application [R134]. Refer to section 22 if a change of circumstance occurs before the initial calculation.
5.33. Exception to minimum necessary income requirement
The ability to meet the minimum income requirement is mandatory, unless the sponsor is sponsoring a spouse, common-law partner, conjugal partner or a dependent child where the child has no dependent children of their own.
This exception also applies to persons under the age of 18 whom the sponsor intends to adopt in Canada."
Source: http://www.cic.gc.ca/english/resources/manuals/ip/ip02-eng.pdf
 

boaz

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Ohcanadiana - I am convinced! as you said, I would concetrate in showing future financial resources rather spend my money on something that would probably wont give CIC too much information - specially when I'm not requested to. I would write a letter to explian I never worked in canada and therefore I don't have the option c form (by the way, what is this form exactly? does it the Canadian Tax form?). As you wrote - 5.33 above is the most important because it states clearly that my situation do not require minimum income...

Fencesitter- thanks for your posts in this "debate". I recon that's the best way to learn - in life and appherntly here too :)

I'll thake your advice on translations and ask my translator to make one affidavit with all the documents written in it and then notarize it.

By the way, how all of you know so much about this things and have acecces to those guides (OP-2 etc)?

Thank you all very much! :D
 

OhCanadiana

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boaz said:
Ohcanadiana - I am convinced! as you said, I would concetrate in showing future financial resources rather spend my money on something that would probably wont give CIC too much information - specially when I'm not requested to. I would write a letter to explian I never worked in canada and therefore I don't have the option c form (by the way, what is this form exactly? does it the Canadian Tax form?). As you wrote - 5.33 above is the most important because it states clearly that my situation do not require minimum income...
You're welcome - happy to help :)

Option C is a notice of assessment you can get from CRA (Canada Revenue Agency) summarizing the information from your prior year's tax return. CIC asks for it to see if the sponsor's total income is sufficient to sponsor folks (remember only Canadian citizens get the benefit of sponsoring family if they themselves are living abroad). In your case, you would need to explain why you haven't filed it ... e.g., as a non-resident of Canada who didn't own property in Canada or have Canadian income and whatever else is applicable in your case, you didn't have Canadian fiscal obligations.

boaz said:
I'll thake your advice on translations and ask my translator to make one affidavit with all the documents written in it and then notarize it.
:) Just make sure it's somehow clear what the documents included in the affidavit are so the visa officer doesn't have to dig around to find it. In some jurisdictions, they put ribbons and seals on notarized documents which would take care of it for you, but if not a short note would solve it.

boaz said:
By the way, how all of you know so much about this things and have acecces to those guides (OP-2 etc)?

Thank you all very much! :D
One of the things that I find most impressive about CIC is their transparency in freely publishing their manuals. The two most important guides for family processing are IP-2 (covering inland processing done in Mississauga) and OP-2 (covering outland processing at your visa office). These manuals are published for all to see at http://www.cic.gc.ca/english/resources/manuals/ip/ip02-eng.pdf and http://www.cic.gc.ca/english/resources/manuals/op/op02-eng.pdf. The background and security portions of the background check aren't published in the same way, but you can find piecemeal information in some of the other CIC manuals, on CSIS (Canadian Security and Intelligence Service) and CBSA websites and also in some of the minutes from the Parliament's immigration committee. The results of appeals are also public on CANLII and reading through them helped me understand the rationale judges use to assess decisions taken -- they really do detail out their thinking and the legal framework for their decisions to either uphold or dismiss decisions taken at the visa offices.

Reading the manuals in detail and some of the other information helped me deal with the feeling of uncertainty in putting an application together and to build an application that is easy to follow from the perspective of the person assessing it. Understanding that feeling has lead me to share it with others now that I have found the forum to hopefully spare others from a bit of angst. So, nothing magical about it :)
 

Fencesitter

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I still think that you should provide a foreign notice of assessment. Yes, you are technically correct, but from what I have read, most people provide their foreign tax assessment. This might not be necessary, but using it in conjunction with a detailed explanation seems to be the norm. I'd rather provide a document that is not required than to have them request it later on in the process. I should also mention that my salary is paid in US$, so perhaps that makes a difference?

I think it also proves my claim to be a non-resident for tax purposes, since CRA and CIC do not connect during the sponsorship approval process (something to do with the privacy act).

It's really up to you, boaz, but my suggestion would be to get the latest notice of assessment notarized and include it with you explanation.

FS