Parental Sponsorship Appeal

[alaadin]

Good day,

I submitted my application for sponsorship + PR for my parents under the PGP 2019 program. I recently got a message saying that I was found inelgigible because I didnt meet the LICO + 30% requirement for 2016. My application was transferred to the London Visa office because I indicated that I wanted my application to proceed even if I was rejected as a sponsor. I provided ample financial evidence other than my Canadian income, enough to cover the roughly 50K a year for 3 years however they said they only rely on line 150 of my Canadian Tax Return.

Has anyone tried appealing a decision like this before? Or should i wait until the PR application is denied to appeal? Would a humanatiran appeal work in my case, I have strong grounds for a humanitarian appeal. If anyone can share their experiences or thoughts I would greatly appreciate it.

 

[Buletruck]

You didn’t qualify to sponsor them if you didn’t show sufficient Canadian income. You can certainly appeal, but expect it to fail. The requirements are extremely specific and the SCC has upheld that requirement in several decisions. Apply again when you actually qualify.
Are your parents in Canada? What exceptional circumstance would qualify them for H&C?

 

[alaadin]

Oh I see, I can prove financial solvency through retirement savings of my parents. What I would like to do is prove that they won't be elegible for Canadian welfare of any kind.

My parents are from Syria my dad was forced to retire due to his age and he worked in a country called Kuwait, and they would like to send him back to Syria where it is not safe for him and my mother. They have legal status in Kuwait but it is very tenous, and they may be sent back to a warzone. I tried the refugee sponsorship approach and obtained the funds and the people to sponsor them but they said they needed a UN refugee certificate which they cannot get even in their circumstances. So I don't know what to do other than appeal on humantiarian and compassionate grounds.

 

[alaadin]

Waiting until next year may not be an option for me, unfortunately.

 

[scylla]

Good day,

I submitted my application for sponsorship + PR for my parents under the PGP 2019 program. I recently got a message saying that I was found inelgigible because I didnt meet the LICO + 30% requirement for 2016. My application was transferred to the London Visa office because I indicated that I wanted my application to proceed even if I was rejected as a sponsor. I provided ample financial evidence other than my Canadian income, enough to cover the roughly 50K a year for 3 years however they said they only rely on line 150 of my Canadian Tax Return.

Has anyone tried appealing a decision like this before? Or should i wait until the PR application is denied to appeal? Would a humanatiran appeal work in my case, I have strong grounds for a humanitarian appeal. If anyone can share their experiences or thoughts I would greatly appreciate it.

What other financial evidence did you provide? Why didn't this additional income appear on line 150 of your Canadian Tax Return?

You would need to wait until the application is fully processed and refused before you can appeal.

 

[alaadin]

I provided bank statements from savings accounts, TFSAs, in addition to my parents' retirement savings.

Are you sure I would need to wait until the entire process is concluded to appeal? I saw this link on the Immigration and Refugee Board's website: https://irb-cisr.gc.ca/en/legal-policy/procedures/Pages/sponsorship-decision-minimum-necessary-income.aspx

It says that they do take Humanitarian and Compassionate Cases into consideration. However, I have never met anyone who has actually undergone the process, so I am a little bit curious if you have any experience this appeals of any sort? How long does it typically take to get a hearing or an ADR (Alternative Dispute Resolution) date?

Thanks for getting back to me by the way.

 

[Buletruck]

They will need to be in Canada for an H&C application. So that’s A non starter at this point. Regardless of their assets, they are eligible for welfare in Canada as soon as they are PRs. That’s why the financial requirements are there.

 

[alaadin]

They will need to be in Canada for an H&C application. So that’s A non-starter at this point. Regardless of their assets, they are eligible for welfare in Canada as soon as they are PRs. That’s why the financial requirements are there.

I see what you mean. I am not too sure with what makes them eligible for welfare, I will try to make the point by making them ineligible after I find out all the factors for eligibility. I think a welfare application would ask you about your assets.

However, when I was scouring Canadian immigration law, I found that H&C cases are entertained given that I have the proper documentation. According to the link below:

https://irb-cisr.gc.ca/en/legal-policy/procedures/Pages/sponsorship-decision-minimum-necessary-income.aspx

 

[scylla]

I provided bank statements from savings accounts, TFSAs, in addition to my parents' retirement savings.

Are you sure I would need to wait until the entire process is concluded to appeal? I saw this link on the Immigration and Refugee Board's website: https://irb-cisr.gc.ca/en/legal-policy/procedures/Pages/sponsorship-decision-minimum-necessary-income.aspx

It says that they do take Humanitarian and Compassionate Cases into consideration. However, I have never met anyone who has actually undergone the process, so I am a little bit curious if you have any experience this appeals of any sort? How long does it typically take to get a hearing or an ADR (Alternative Dispute Resolution) date?

Thanks for getting back to me by the way.

Savings, TFSAs and your parents' savings cannot be counted towards LICO. Only income can be counted so it makes sense that you were refused as a sponsor.

Yes - I'm sure you would have to wait until the entire process is concluded to appeal. If you read the link you provided above, it specifically states: "In this type of appeal, an immigration officer of Immigration, Refugees and Citizenship Canada (IRCC) has refused to issue a visa to a parent or grandparent whom you have sponsored." This hasn't happened yet. Only you have failed to meet the requirements to sponsor - the application itself hasn't been refused yet and the office hasn't yet refused to issue your parents a visa.

There is a long appeals thread on this forum that's the best place to go for understanding how the appeals process works. Think in terms of years rather than a few months. It won't be over quickly if you go that route.

 

[alaadin]

Savings, TFSAs and your parents' savings cannot be counted towards LICO. Only income can be counted so it makes sense that you were refused as a sponsor.

Yes - I'm sure you would have to wait until the entire process is concluded to appeal. If you read the link you provided above, it specifically states: "In this type of appeal, an immigration officer of Immigration, Refugees and Citizenship Canada (IRCC) has refused to issue a visa to a parent or grandparent whom you have sponsored." This hasn't happened yet. Only you have failed to meet the requirements to sponsor - the application itself hasn't been refused yet and the office hasn't yet refused to issue your parents a visa.

There is a long appeals thread on this forum that's the best place to go for understanding how the appeals process works. Think in terms of years rather than a few months. It won't be over quickly if you go that route.

Thanks for letting me know, I will take a look at the appeals thread. I heard that if I have a convincing H&C, that they are pretty reasonable and hopefully the ADR process is actually pretty quick when compared to the trial option. Thanks for your input!

 

[scylla]

I see what you mean. I am not too sure with what makes them eligible for welfare, I will try to make the point by making them ineligible after I find out all the factors for eligibility. I think a welfare application would ask you about your assets.

However, when I was scouring Canadian immigration law, I found that H&C cases are entertained given that I have the proper documentation. According to the link below:

https://irb-cisr.gc.ca/en/legal-policy/procedures/Pages/sponsorship-decision-minimum-necessary-income.aspx

You can ask IRCC to consider the application under H&C even though you don't meet the income requirements to sponsor them. You'll need to submit this request to the visa office processing their application (not exactly sure how you do this - perhaps a case specific inquiry) and then submit evidence regarding why the application should factor in H&C considerations and what those are. Very difficult to say what the chances are of approval - but they would certainly be on the low side. You may be waiting a while only to be refused and have to start again from scratch. Note that you can only have one application in progress at a time. So while this application is processing - you can't submit another.

 

[scylla]

Thanks for letting me know, I will take a look at the appeals thread. I heard that if I have a convincing H&C, that they are pretty reasonable and hopefully the ADR process is actually pretty quick when compared to the trial option. Thanks for your input!

It's not your choice if you go through ADR or not. That's up to IRCC.

 

[nnicky]

Hi, I know this is an old thread. Did you appeal on your own? and how did it go. or did you get a lawyer.

 

[Tuskers]

Thanks for letting me know, I will take a look at the appeals thread. I heard that if I have a convincing H&C, that they are pretty reasonable and hopefully the ADR process is actually pretty quick when compared to the trial option. Thanks for your input!

Hi there, Have you gone through the appeal process? How did it go? I am in the similar position and could you please advise. thank you.

 

[Tuskers]

Hi there,

Have you appealed and could you please tell me how to do it. I am in the similar situation. Thank you.