Parents and Grandparents Sponsorship 2018

[kkim604]

I am so glad I found this discussion here. My husband and I came to Canada on Express Entry from the US and we submitted the application last year when the lottery was launched. We were thrilled to received an invitation email to apply, however, we were short of income for 2014 for just a few thousands due to the fact that we only worked 4 month in that year (after landing), we do have more than sufficient income from employment in US for the other half of the year. My husband were selected in the second round and again have the same issue for his parents, we decided to submit the application anyway in December with explanation letter on the extreme hardship if we could not bring our parents here, we will be having a baby and it is very hard to find childcare facilities near to our home so with our parents coming we will have a huge relief. We have not received any communication from IRCC though. Anyone has any experience on appealing for cases like this? I read somewhere that IRCC can grant discretionary approval for humanitarian or extreme hardship situation, any lawyer experienced in this would be greatly appreciated

You are from US, what extreme hardship did you escape from?
give me a break...

 

[YVR123]

I am so glad I found this discussion here. My husband and I came to Canada on Express Entry from the US and we submitted the application last year when the lottery was launched. We were thrilled to received an invitation email to apply, however, we were short of income for 2014 for just a few thousands due to the fact that we only worked 4 month in that year (after landing), we do have more than sufficient income from employment in US for the other half of the year. My husband were selected in the second round and again have the same issue for his parents, we decided to submit the application anyway in December with explanation letter on the extreme hardship if we could not bring our parents here, we will be having a baby and it is very hard to find childcare facilities near to our home so with our parents coming we will have a huge relief. We have not received any communication from IRCC though. Anyone has any experience on appealing for cases like this? I read somewhere that IRCC can grant discretionary approval for humanitarian or extreme hardship situation, any lawyer experienced in this would be greatly appreciated

Just a reality of childcare in Canada. A lot of ppl need to be on a waiting list for daycare. And many need to drive 30min to drop their kids off.
Sigh

 

[chandeepvora2014]

MANY THANKS FOR WASTING SPOTS OF TWO ELIGIBLE FAMILIES LIKE MINE!!
if you don't meet minimum requirements you are not eligible, simple as that..

Sorry I do not mean to take away spots from anyone, we are qualified in term of incomes, just that we do not have the number needed in the tax return for 1 year only, and the income from US of both of us combined is 2 times more than the required number. In subsequent years we all exceed the required numbers by a large amount. There is no question that we are not financially able to support our parents

 

[chandeepvora2014]

You are from US, what extreme hardship did you escape from?
give me a break...

Sorry I think you misunderstood, the hardship is not from escaping the US but since both of us are working and with the baby it will be very hard to struggle with work and childcare. We are not earning high enough to hire a full time nanny and we have no relatives here.

The reason we are moving out of US is because there is no hope to get a greencard with our country of origin due to long wait time and the H1B visa has a limit on how long you can stay.

 

[Rob_TO]

I am so glad I found this discussion here. My husband and I came to Canada on Express Entry from the US and we submitted the application last year when the lottery was launched. We were thrilled to received an invitation email to apply, however, we were short of income for 2014 for just a few thousands due to the fact that we only worked 4 month in that year (after landing), we do have more than sufficient income from employment in US for the other half of the year. My husband were selected in the second round and again have the same issue for his parents, we decided to submit the application anyway in December with explanation letter on the extreme hardship if we could not bring our parents here, we will be having a baby and it is very hard to find childcare facilities near to our home so with our parents coming we will have a huge relief. We have not received any communication from IRCC though. Anyone has any experience on appealing for cases like this? I read somewhere that IRCC can grant discretionary approval for humanitarian or extreme hardship situation, any lawyer experienced in this would be greatly appreciated

Your income earned in US is irrelevant, as it doesn't qualify to sponsor parents. Since you didn't have necessary 2014 Canadian income, you didn't qualify to apply in 2017. So you should expect your app will eventually be rejected.

Once it's rejected, you can choose to appeal the decision. An appeals judge will weigh factors like your H&C reasons, how close to income qualifying, later income levels, etc. If you have a lenient judge they may grant the appeal and allow app to continue. Or they may deny the appeal which means you'd need to try again. There were a few posts here recently on successful parents appeals due to not meeting LICO.

Note that appeals can take several years just to hear, and then even if you win it would be more time to continue processing the app... so you are probably looking at several more years longer than typical parents processing times.

 

[bickyii]

Sorry I do not mean to take away spots from anyone, we are qualified in term of incomes, just that we do not have the number needed in the tax return for 1 year only, and the income from US of both of us combined is 2 times more than the required number. In subsequent years we all exceed the required numbers by a large amount. There is no question that we are not financially able to support our parents

I never meant you were able to support your parents or not and no one really cares if you are a millionaire or how much money you make..
Rules are rules and this is Canada, you were supposed to pay 3 years taxes in CANADA, not in US!! You were short on Canadian income for one year, doesn't matter if you were short by $1, you didn't meet the requirements. I hope some other fool take your spot next year like you did and you realize how it feels to be left out.

 

[chandeepvora2014]

Your income earned in US is irrelevant, as it doesn't qualify to sponsor parents. Since you didn't have necessary 2014 Canadian income, you didn't qualify to apply in 2017. So you should expect your app will eventually be rejected.

Once it's rejected, you can choose to appeal the decision. An appeals judge will weigh factors like your H&C reasons, how close to income qualifying, later income levels, etc. If you have a lenient judge they may grant the appeal and allow app to continue. Or they may deny the appeal which means you'd need to try again. There were a few posts here recently on successful parents appeals due to not meeting LICO.

Note that appeals can take several years just to hear, and then even if you win it would be more time to continue processing the app... so you are probably looking at several more years longer than typical parents processing times.

Thanks a lot for your answer, this makes totally sense, is there any way we can expedite the appeal process? I do not mind paying for a good lawyer to process my case as I really need to have either my parents or his parents here to take care of the baby while we go to work to earn income

 

[deerestlovelybear]

I am so glad I found this discussion here. My husband and I came to Canada on Express Entry from the US and we submitted the application last year when the lottery was launched. We were thrilled to received an invitation email to apply, however, we were short of income for 2014 for just a few thousands due to the fact that we only worked 4 month in that year (after landing), we do have more than sufficient income from employment in US for the other half of the year. My husband were selected in the second round and again have the same issue for his parents, we decided to submit the application anyway in December with explanation letter on the extreme hardship if we could not bring our parents here, we will be having a baby and it is very hard to find childcare facilities near to our home so with our parents coming we will have a huge relief. We have not received any communication from IRCC though. Anyone has any experience on appealing for cases like this? I read somewhere that IRCC can grant discretionary approval for humanitarian or extreme hardship situation, any lawyer experienced in this would be greatly appreciated

If you are able to come here under EXPRESS ENTRY, you must be able to read and understand English right? Shorting even of $1 means you do not meet the criteria to sponsor your parent. It does not matter if you have extreme hardship or not, thousands of other people who meet the qualifications also in the same situation. Thanks for robbing a chance of reunification for 2 families!

 

[deerestlovelybear]

Thanks a lot for your answer, this makes totally sense, is there any way we can expedite the appeal process? I do not mind paying for a good lawyer to process my case as I really need to have either my parents or his parents here to take care of the baby while we go to work to earn income

I hope you do not submit another entry again this year without withdrawing your application, you are completely wasting the chance of other people

 

[Buletruck]

No, you can’t expidite the appeal process. You would have to wait for you application to be declined
before you appeal and it will be processed in due course.

 

[Rob_TO]

Thanks a lot for your answer, this makes totally sense, is there any way we can expedite the appeal process? I do not mind paying for a good lawyer to process my case as I really need to have either my parents or his parents here to take care of the baby while we go to work to earn income

No you can't expedite. Expect a good 3-5 years in total to wait for app rejection, go through appeals, and if successful continue processing the app.

If appeal fails, you'll be back at the beginning again and need to win a new lottery spot. You would also have lost out on numerous years you would have actually qualified to apply to the lottery.

 

[scylla]

Thanks a lot for your answer, this makes totally sense, is there any way we can expedite the appeal process? I do not mind paying for a good lawyer to process my case as I really need to have either my parents or his parents here to take care of the baby while we go to work to earn income

There's no way to expedite an appeal.

 

[Buletruck]

I really need to have either my parents or his parents here to take care of the baby while we go to work to earn income

Just to clarify, even if your application is accepted now, you are still looking at 3 years before they even start on your parents application. They are currently working on January 2014 applications. You’ll need to take care of the baby by some other means for a few years.

 

[canuck78]

Sorry I think you misunderstood, the hardship is not from escaping the US but since both of us are working and with the baby it will be very hard to struggle with work and childcare. We are not earning high enough to hire a full time nanny and we have no relatives here.

The reason we are moving out of US is because there is no hope to get a greencard with our country of origin due to long wait time and the H1B visa has a limit on how long you can stay.

Not quite sure what you think the majority of Canadians do. The majority of households have 2 working parents and have used a daycare or preschool for their children.

 

[deerestlovelybear]

I"m speechless... someone who doesn't even qualify gets picked TWICE!
I'm not blaming her, I blaming the system.

Canadian immigration is cumbersome and many new comers are not sure about the process. I also do not blame her, the systems is designed that way intentionally so that they can reduce intake of parents who they think is just a burden to Canada