Parents Sponsorship - Cosigner withdrew from application support

[Mirza123]

Hello,

My sister applied for my parents PR sponsorship in 2008. She had her husband cosign the sponsorship application and to meet financial requirements. Last year my father passed away and soon after her husband withdrew his cosign support. Now CIC has sent a letter asking her to refill sponsorship application with my mother as Principal applicant and indicating that in future they will need to reassess her financial situation due to cosigner opting out.

Problem is that my sister's financial condition does not meet LICO. However, I have income exceeding LICO requirement. Can I sign her sponsorship application as cosigner? Or can she change the sponsorship to me and I can continue the process onward?

I would really appreciate the help it is very disheartening situation for us after waiting

 

[scylla]

Unfortunately you cannot co-sign your sister's sponsorship application (only her spouse or common law partner can). The sponsorship also cannot be transferred over to you.

Unfortunately if your sister does not meet the LICO requirements, you should be expecting the application to be refused and to have to reapply.

Given how long the application has been in process, I don't see the harm in asking CIC if they will consider replacing you as the sponsor. I can't imagine the answer will be yes since the rules don't allow for this. But you certainly have nothing to lose by asking.

 

[jhutti]

Hello,

My sister applied for my parents PR sponsorship in 2008. She had her husband cosign the sponsorship application and to meet financial requirements. Last year my father passed away and soon after her husband withdrew his cosign support. Now CIC has sent a letter asking her to refill sponsorship application with my mother as Principal applicant and indicating that in future they will need to reassess her financial situation due to cosigner opting out.

Problem is that my sister's financial condition does not meet LICO. However, I have income exceeding LICO requirement. Can I sign her sponsorship application as cosigner? Or can she change the sponsorship to me and I can continue the process onward?

I would really appreciate the help it is very disheartening situation for us after waiting

You have two paths

1. Make sure your sister works. Now her finacial
Statement or income taxes may not be enough. Case rejected. Hire lawyer and fight in court. Generally courts favour granting PR if reason is financial.
2. Let her withdraw the application. You file for your mother in jan 2017 if qualifying based on latest income criteria

By the way I did face same situation. I choose option 2

 

[Mirza123]

Thanks for the responses

My sister's financial income is not enough and she just started working last year. CIC has written her that they will review her financial situation at a later date, not now.
Now CIC has asked for a revised sponsorship application form with my mother as a Principal Applicant. I was wondering can a lawyer help at this stage instead of having the application refused first?

jhutti - When you applied again for your parents, did they they give your application some preference based on the fact that you had an application in progress for some time? I am thinking about the several more years of wait time this reapplication will add.

 

[scylla]

jhutti - When you applied again for your parents, did they they give your application some preference based on the fact that you had an application in progress for some time? I am thinking about the several more years of wait time this reapplication will add.

No - they won't give you any kind of preference. You'd be submitting a brand new application just like anyone else.

 

[jhutti]

Thanks for the responses

My sister's financial income is not enough and she just started working last year. CIC has written her that they will review her financial situation at a later date, not now.
Now CIC has asked for a revised sponsorship application form with my mother as a Principal Applicant. I was wondering can a lawyer help at this stage instead of having the application refused first?

jhutti - When you applied again for your parents, did they they give your application some preference based on the fact that you had an application in progress for some time? I am thinking about the several more years of wait time this reapplication will add.

No special treatment given neither I expected. In ur case if ur sister is strong lady I will say stick with 2011 file. For taxes to be filed for 2015. May sure taking accountant help. She pay needful limit taxes that cover old income requIrement. And she keep working full time.

 

[Mirza123]

Will she be evaluated as per old income requirement? Do you know what the old income requirements were?

Also, I am thinking of attaching a letter from myself saying that I will bear all expenses for my mother when she comes here in Canada, and attach my income documents? Could this be of any help?

 

[mikeymyke]

Just out of curiosity, why did your brother-in-law withdraw his support? That must've caused a huge rift between you guys.

I'm pretty sure she will only have to satisfy the old and more lenient LICO requirements since this was submitted along time ago. But if you guys have to redo this application all over again, then of course you will have to satisfy the much harsher, LICO + 30% requirement. Also if you're going to be the one sponsoring them, keep in mind that any time you get married or have kids, the income requirement will increase, and you will also have to maintain this income for the duration of the sponsorship.

 

[Rob_TO]

Will she be evaluated as per old income requirement? Do you know what the old income requirements were?

It will still follow the old 2008 rules. If the family size is 4 (her + husband + 2 parents) then 2016 LICO should be around $45K. If 1 kid then LICO will be around $51K, 2 kids $58K.

What I'm not sure of, is when they ask for new income will they just ask for most recent tax year, or for several years back to show she met in all years. If it's just the most recent tax year and she's worked 1 year so has sufficient proof of meeting LICO that year, she may get lucky. If they ask for several years then of course she would fail in the years she wasn't working.
Better to check this in general parents sponsorship thread, what CIC usually asks for in old-rule apps income proof.

Also, I am thinking of attaching a letter from myself saying that I will bear all expenses for my mother when she comes here in Canada, and attach my income documents? Could this be of any help?

This will mostly likely not even be considered by CIC in the application.


I'm also a bit curious why the husband would suddenly withdraw his support. Seems like kind of a jerk move. My wife would kill me if I ever did that to her!

 

[Mirza123]

They had some argument withing themselves and as a retaliation by brother-in-law withdrew his support and that too right at the time when my father was severely ill and we were busy taking care of him.

It is very disheartening situation for us as a family. We have already lost our father during his wait time, and now as the application was nearing completion this new issue came up. I can sure sponsor my mother again in a new application as my income is significantly above LICO, but it will take few more years to process the application.

I tried contacting a couple lawyers but don't think they are willing to help with an application which is already in progress.

 

[jhutti]

They had some argument withing themselves and as a retaliation by brother-in-law withdrew his support and that too right at the time when my father was severely ill and we were busy taking care of him.

It is very disheartening situation for us as a family. We have already lost our father during his wait time, and now as the application was nearing completion this new issue came up. I can sure sponsor my mother again in a new application as my income is significantly above LICO, but it will take few more years to process the application.

I tried contacting a couple lawyers but don't think they are willing to help with an application which is already in progress.

Just make sure ur sister keep working full time. Kid, sister, her husband and ur mother should get cover in 2015 income return. Four people is around 45K. If she is falling short on income then as I said take accountant help is make sure her income is what should be.
Ur cover letter is good for nothing in front of CIC. But it will be handy if case goes to court in front of judge

 

[Rob_TO]

Just make sure ur sister keep working full time. Kid, sister, her husband and ur mother should get cover in 2015 income return. Four people is around 45K. If she is falling short on income then as I said take accountant help is make sure her income is what should be.

If you don't make the required amount, there is nothing an accountant can do. You can't create income that wasn't made short of doing something illegal.

 

[mikeymyke]

They had some argument withing themselves and as a retaliation by brother-in-law withdrew his support and that too right at the time when my father was severely ill and we were busy taking care of him.

I have to say, that brother-in-law is an a**hole, seriously. Hope he's not with your sister anymore, can't imagine him still being in her life with that kind of jerk move, especially with your mom so close to the finish line. It's one thing if they both separated or divorced, and he doesn't want to go through with it, but its a whole other story if he withdrew his support simply as retaliation.

 

[Mirza123]

She had no income for 2014 tax returns and some income for 2015 which I believe is not enough for her to continue sponsoring. She has two children and they are living together and all house and children expenses are handled by her husband. But I believe CIC will consider her whole family when making LICO calculations. She is working now but that income for 2016 will be claimed in 2017 returns so by the time CIC asks for income assessment she might not have enough financial income to convince visa officers.

I really wish I could help in this case somehow.

 

[jhutti]

She had no income for 2014 tax returns and some income for 2015 which I believe is not enough for her to continue sponsoring. She has two children and they are living together and all house and children expenses are handled by her husband. But I believe CIC will consider her whole family when making LICO calculations. She is working now but that income for 2016 will be claimed in 2017 returns so by the time CIC asks for income assessment she might not have enough financial income to convince visa officers.

I really wish I could help in this case somehow.

Then take care of the situation.
1> Ask your sister to withdraw the application
2> brush up your 2013-2014-2015 NOAs
3> Join the rat race on 1 jan 2017 bu shelling out to local couriers 400 dollars
4> In case CIC acknowledge the app , good , else
5> Apply for your mom under H & C since she is alone & I assume your both are her only children living in canada

Meanwhile apply for her super visa anyway based on yourself now only