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Parents and Grandparents Sponsorship 2019

F

faketree1

Member
May 25, 2020
14
1
any CIC MNI reassessment favorable for sponsor ?

I heard that there's a IRB ruling saying that MNI reassessment by CIC should go both ways, upwards (favorable for sponsor) as well as downwards (which is favorable to CIC only)

but i cannot find it. Any expert can help? thanks!

CIC: we cannot do upward reassessments (change a former negative assessment to a positive assessment) since the sponsor must meet the financial requirements throughout the entire process (R133(1)(j))

some lawyer argued below but judge did not render decision in the case i found:




https://www.canlii.org/en/ca/irb/doc/2007/2007canlii72074/2007canlii72074.html?searchUrlHash=AAAAAQAmSW5jb21lIG1heSBvbmx5IGJlIHJlYXNzZXNzZWQgZG93bndhcmQAAAAAAQ&resultIndex=1



Counsel for the appellant submitted that if an immigration officer is able to make a downwards calculation as outlined by the above section, surely an immigration officer should be allowed to make an upward calculation in favor of the appellant. He stated that in doing so, the objectives of the legislation would be served, particularly with respect to section 3(1)(d) of IRPA that states:



3(1) The objectives of this Act with respect to immigration are

….

(d) to see that families are reunited in Canada;


The second argument from the appellant’s counsel is that if there is a provision in law for the financial calculations in a sponsorship to be downgraded, there must also be a provision for the financial calculations to be upgraded. The IRP Regulations provide for a negative change in circumstances in section 134(2) which states:



Change in Circumstances – If an officer receives information indicating that the sponsor is no longer able to fulfill the sponsorship undertaking, the Canadian income of the sponsor shall be calculated in accordance with paragraph (1)(c) on the basis of the 12-month period preceding the day the officer receives that information rather than the 12-month period referred to in that paragraph.[11]
 
bdidol

bdidol

Champion Member
Jun 2, 2019
2,036
981
faketree1 said:
any CIC MNI reassessment favorable for sponsor ?

I heard that there's a IRB ruling saying that MNI reassessment by CIC should go both ways, upwards (favorable for sponsor) as well as downwards (which is favorable to CIC only)

but i cannot find it. Any expert can help? thanks!

CIC: we cannot do upward reassessments (change a former negative assessment to a positive assessment) since the sponsor must meet the financial requirements throughout the entire process (R133(1)(j))

some lawyer argued below but judge did not render decision in the case i found:




https://www.canlii.org/en/ca/irb/doc/2007/2007canlii72074/2007canlii72074.html?searchUrlHash=AAAAAQAmSW5jb21lIG1heSBvbmx5IGJlIHJlYXNzZXNzZWQgZG93bndhcmQAAAAAAQ&resultIndex=1



Counsel for the appellant submitted that if an immigration officer is able to make a downwards calculation as outlined by the above section, surely an immigration officer should be allowed to make an upward calculation in favor of the appellant. He stated that in doing so, the objectives of the legislation would be served, particularly with respect to section 3(1)(d) of IRPA that states:



3(1) The objectives of this Act with respect to immigration are

….

(d) to see that families are reunited in Canada;


The second argument from the appellant’s counsel is that if there is a provision in law for the financial calculations in a sponsorship to be downgraded, there must also be a provision for the financial calculations to be upgraded. The IRP Regulations provide for a negative change in circumstances in section 134(2) which states:



Change in Circumstances – If an officer receives information indicating that the sponsor is no longer able to fulfill the sponsorship undertaking, the Canadian income of the sponsor shall be calculated in accordance with paragraph (1)(c) on the basis of the 12-month period preceding the day the officer receives that information rather than the 12-month period referred to in that paragraph.[11]
Click to expand...
What is your MNI assessment background?? The rules are very clear: sponsor needs to maintain the income during the process.


The MINIMUM Necessary Income is open to review at any time during the application process. The Sponsor must maintain the MNI at all times after the application is submitted and any changes in the sponsor's financial circumstances may result in the application being denied at any time during the processing.

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/permanent-residence/non-economic-classes/family-class-assessing-sponsor.html

Reassessment of financial circumstances
A sponsor’s income can be reassessed prior to an initial recommendation being rendered on sponsorship eligibility, where information material to a sponsor’s ability to meet financial requirements is received by IRCC.

Sponsors cannot request that IRCC reassess their financial situation subsequent to submitting the sponsorship application. Even if their income increases, sponsors who do not meet MNI cannot request reassessment – income earned after the undertaking has been given cannot be considered. The only option available to a sponsor who wants IRCC to reassess their finances to reflect improvement in their circumstances is to withdraw the existing application and then submit a new application, paying all applicable fees.

Income may be reassessed by IRCC [R134)(2)] only if either of the following applies:
  • more than 12 months have passed since receipt of the application
  • new information comes to IRCC’s attention that a sponsor may no longer be able to meet their financial obligations
The addition of a new family member to the application increases the family size, which will result in the need for the sponsor’s financial circumstances to be reassessed where the income identified in the original application is insufficient to meet the new MNI requirement.

If the sponsor’s income is not at least equal to the LICO, or the income is not from a Canadian source and is not included in the NOA, the sponsor does not meet the income requirement, and is deemed to be ineligible.
 
Agharr1

Agharr1

Star Member
May 17, 2015
112
49
Awesome news and update to share;
my parents COPR and PRV got expired on 30 May 2020, they are in Canada on visit visa , we contacted LVO to inform them that they can’t do landing (inland neither boarder) due to COVId station and they advised , the nearest office to your Canadian address will contact you, boom today IRCC office near to our home address, sent a letter that my parents became Permanent resident. And this letter is their PR landing confirmation.

I’m May 2018 applicant for family sponsor.

those who are in a same situation as me, check your myCIC inbox you may have the same letter waiting for you.

best of luck whoever is waiting, it will come!
 
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deleter

deleter

Star Member
May 16, 2019
136
78
vermas said:
I talked at the centre as well as their call centre. Both confirmed that without OHIP parents are covered for Covid19 treatment (if need arises). OHIP coverage will start from the day their application for card is accepted. 3 months waiting period had been waived off.
Click to expand...
I also contacted Service Ontario.
the eligibility for OHIP coverage already started when they landed but the coverage starts when they apply at service ontario and will be back dated to the date of landing. This means that if they need to use a doctor before applying for the card, they will have to pay out of pocket but when they get their card, they can go back to the doctor and ask for refund and then recharge to OHIP.
This is how the CS agent explained it to me. And it makes sense.
Also for bank statement, the agent recommended that we change the address for bank online and then call them and request an early statement to be mailed out to us.I did call the bank and they confirmed that this is doable. So we do not need to wait for a month to get the bank statement mailed on original billing cycle.
 
Laplaguita

Laplaguita

Star Member
Feb 20, 2019
157
71
Agharr1 said:
Awesome news and update to share;
my parents COPR and PRV got expired on 30 May 2020, they are in Canada on visit visa , we contacted LVO to inform them that they can’t do landing (inland neither boarder) due to COVId station and they advised , the nearest office to your Canadian address will contact you, boom today IRCC office near to our home address, sent a letter that my parents became Permanent resident. And this letter is their PR landing confirmation.

I’m May 2018 applicant for family sponsor.

those who are in a same situation as me, check your myCIC inbox you may have the same letter waiting for you.

best of luck whoever is waiting, it will come!
Click to expand...
Wow! Congrats. Crazy how slowly compare to 2019 applications your application was processed. In some sense I guess we are lucky.
 
nguyentu2001

nguyentu2001

Champion Member
Mar 19, 2009
1,360
243
Job Offer........
Pre-Assessed..
canuck78 said:
No impact. They can only visit you at this point so should have a return ticket and pack as a visitor not as someone who is settling pernanently. You can cancel the return ticket when they arrive in Canda.
Click to expand...
Thank you. They will come here for a short visit then go home until application is done. Covid19 has delayed everything, what a terrible event.
 
A

amop

Hero Member
Feb 28, 2014
295
61
I need suggestions - to get travel insurance for my mother.
Her existing travel insurance has expired - which was thru ICICI Lombard .- which cant be renewed .

please advise - as it seems so expensive on manulife...allianz for even 3 months
 
I

Irynaken

Star Member
Jul 17, 2019
133
46
I wonder if anyone here also got an email this morning from Immigration, Refugees and Citizenship Canada (IRCC) inviting to complete a survey how COVID 19 impacted their immigration applications. They also have a notice on their website.

https://www.canada.ca/en/immigration-refugees-citizenship/news/notices/survey-client-covid19-2020.html

I hope that they will get a better idea of how this delay in processing impacts people's lives and will come up with a plan to better assist clients throughout these difficult and uncertain times.
 
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H

hans1986

Star Member
Jun 6, 2013
84
33
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T

tarkan

Member
Apr 30, 2013
17
2
hans1986 said:
these are the only VAC`s, that are partially opened with limited resources as of June 13th

There are now a total of 23 reported VACs open with limited services:

Austria

Vienna

Bahrain

Manama

China

Beijing
Chengdu
Chongqing
Guangzhou
Hangzhou
Jinan
Kunming
Nanjing
Shanghai
Shenyang

Germany

Düsseldorf

Greece

Athens

Iraq

Erbil

Israel

Tel Aviv

Italy

Rome

Japan

Osaka
Tokyo

Malaysia

Kuala

The Netherlands

The Hague

United Arab Emirates

Abu Dhabi
Dubai
Click to expand...
How about CPC-M ?
 
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