PR Rejection under Family Class.

[SpaceZ]

My brother is sponsoring me to Canada as a dependent child under Humanitarian and Compassionate.
In 2021 which was at the time of the application my brother had low income, however he submitted my application to IRCC.

Since then they had asked me to do Medicals and biometrics which they received them. My brother’s income has increased and is more than the necessary requirement now but unfortunately before he sent them the letters, they made a decision this week and they’ve sent a refusal letter and an appeal notice.

Most important details below:



Dear Xxxxxxxxx



I have now completed the assessment of your application for a permanent resident visa as a member of the family class, the class in which you applied. I have determined that you do not meet the requirements for immigration to Canada.



I am not satisfied that you meet the requirements of the above paragraph(s) for the following reasons:

It has been determined that your sponsor did not meet the required minimum necessary income at the time the application was submitted.



So what should I do next? Can I ask for a reconsideration from IRCC while submitting an appeal to IAD before the appeal notice deadline which is 30 days.

Also, can the Immigration Appeal Division make a decision based on the evidences without any hearing.



NB: my application process office is in Nairobi. Does anyone know how can I contact the officer who made the decision or the whole office.

 

[Ponga]

It's possible that you will need to apply all over again.

Your brother's income was too low for him to be approved to sponsor you and the application was refused. Asking that the application be re-opened now, because his income is now high enough, may not be possible.

I suggest you confer with an immigration lawyer to find out what, if anything, you can do regarding the old application. The law firm that generously provides these free forums has their contact number posted at the top of the main page.

Good luck!

 

[scylla]

My brother is sponsoring me to Canada as a dependent child under Humanitarian and Compassionate.
In 2021 which was at the time of the application my brother had low income, however he submitted my application to IRCC.

Since then they had asked me to do Medicals and biometrics which they received them. My brother’s income has increased and is more than the necessary requirement now but unfortunately before he sent them the letters, they made a decision this week and they’ve sent a refusal letter and an appeal notice.

Most important details below:



Dear Xxxxxxxxx



I have now completed the assessment of your application for a permanent resident visa as a member of the family class, the class in which you applied. I have determined that you do not meet the requirements for immigration to Canada.



I am not satisfied that you meet the requirements of the above paragraph(s) for the following reasons:

It has been determined that your sponsor did not meet the required minimum necessary income at the time the application was submitted.



So what should I do next? Can I ask for a reconsideration from IRCC while submitting an appeal to IAD before the appeal notice deadline which is 30 days.

Also, can the Immigration Appeal Division make a decision based on the evidences without any hearing.



NB: my application process office is in Nairobi. Does anyone know how can I contact the officer who made the decision or the whole office.

- You cannot contact the officer who made the decision. This is impossible.
- I don't understand how you are being sponsored as a dependent child. A sibling is not classified as a dependent child. Are you sure he didn't sponsor you under the "other relative" category?
- You can certainly submit a webform to request reconsideration. Impossible for any of us to say if this request will be considered or not. IRCC corretly refused you since your brother was required to meet the income requirements at the time he applied.
- You can certainly appeal with the help of a lawyer. Once again, hard to say how this will go given your brother didn't qualify as a sponsor at the time he applied.
- It's entirely your choice if you request reconsideration and/or appeal.
- As said above, you may need to reapply from scratch.

 

[SpaceZ]

It's possible that you will need to apply all over again.

Your brother's income was too low for him to be approved to sponsor you and the application was refused. Asking that the application be re-opened now, because his income is now high enough, may not be possible.

I suggest you confer with an immigration lawyer to find out what, if anything, you can do regarding the old application. The law firm that generously provides these free forums has their contact number posted at the top of the main page.

Good luck!

Thanks for the help @Ponga. I’ve a representative or a lawyer since the beginning and he used to work for the immigration but now he works for the public. He says that we can win the case since it’s for the child’s best interest and that the problem no longer exists. He’s going to take an appeal and send the new evidences to IAD to make a decision. If it’s rejected can I reapply again? Thanks

 

[SpaceZ]

- You cannot contact the officer who made the decision. This is impossible.
- I don't understand how you are being sponsored as a dependent child. A sibling is not classified as a dependent child. Are you sure he didn't sponsor you under the "other relative" category?
- You can certainly submit a webform to request reconsideration. Impossible for any of us to say if this request will be considered or not. IRCC corretly refused you since your brother was required to meet the income requirements at the time he applied.
- You can certainly appeal with the help of a lawyer. Once again, hard to say how this will go given your brother didn't qualify as a sponsor at the time he applied.
- It's entirely your choice if you request reconsideration and/or appeal.
- As said above, you may need to reapply from scratch.

Thank you @scylla my bad it was other relative but still dependent though since he pays my bills. Actually we want to do both Can we contact IRCC and ask for reconsideration and at the same time have an appeal going on? I understand it’ll be internal whether they give my request to the original decision maker officer or a new one. I’ve hired a lawyer at the time of application and he’s my representative, he says we can take an appeal and send the new evidences to the IAD since the problem doesn’t exist anymore and it’s for the child’s best interest they may look it as H&C since the application was H&C to begin with. Is it possible for the IAD to make a decision without any hearing that takes place because my lawyer claims that. If I lose at the appeal can I reapply again? Sorry for asking too much.

 

[scylla]

Thank you @scylla my bad it was other relative but still dependent though since he pays my bills. Actually we want to do both Can we contact IRCC and ask for reconsideration and at the same time have an appeal going on? I understand it’ll be internal whether they give my request to the original decision maker officer or a new one. I’ve hired a lawyer at the time of application and he’s my representative, he says we can take an appeal and send the new evidences to the IAD since the problem doesn’t exist anymore and it’s for the child’s best interest they may look it as H&C since the application was H&C to begin with. Is it possible for the IAD to make a decision without any hearing that takes place because my lawyer claims that. If I lose at the appeal can I reapply again? Sorry for asking too much.

Yes, you can ask for reconsideration and also appeal at the same time. I'm not aware of decisions being made without a hearing but I'm not a lawyer.

I'm assuming you're under 18 since you are making the child's best interest argument.

Yes, you can apply again if the appeal fails.

Good luck.

 

[canuck78]

How long has he been making a higher income? What was his income on his NOA? Was it over LICO? LICO is already quite low. It will be important to show a long periods of making over LICO to prove that isn’t a temporary situation. Assume he is still unmarried, is not living with a partner for over a year and has no children. How old are you? Who is currently caring for you and when did your parents pass away?

 

[SpaceZ]

Yes, you can ask for reconsideration and also appeal at the same time. I'm not aware of decisions being made without a hearing but I'm not a lawyer.

I'm assuming you're under 18 since you are making the child's best interest argument.

Yes, you can apply again if the appeal fails.

Good luck.

Thanks for the clarification. You’re right I’m under age. I’ll write updates later

 

[SpaceZ]

How long has he been making a higher income? What was his income on his NOA? Was it over LICO? LICO is already quite low. It will be important to show a long periods of making over LICO to prove that isn’t a temporary situation. Assume he is still unmarried, is not living with a partner for over a year and has no children. How old are you? Who is currently caring for you and when did your parents pass away?

Thanks for the response we were below the required amount for the family size unit at the time of the application. My brother lives with his family but for the past two years we are above and it’s not temporary we submitted the application at the time of COVID that’s why it was low. I’m under 18, and live with my guardian but my brother still pays for me. I still got plenty of time to apply again.

 

[Buletruck]

So, are your parents deceased?

 

[SpaceZ]

Hi again @scylla here is an update. We have filled an appeal and attended Alternative dispute resolution which is a pre hearing to resolve the case. We went there with new evidences and the visa officer agreed to
re-open the case, but they are demanding from us to withdraw the appeal. Is it allowed to file another appeal after withdrawing the current one? And what if they don’t close at the end of their deal?

 

[Kaibigan]

Hi again @scylla here is an update. We have filled an appeal and attended Alternative dispute resolution which is a pre hearing to resolve the case. We went there with new evidences and the visa officer agreed to
re-open the case, but they are demanding from us to withdraw the appeal. Is it allowed to file another appeal after withdrawing the current one? And what if they don’t close at the end of their deal?

Others here know much more about the appeal process than I, but before you said your were represented by a lawyer who used to work for the IRCC. Can a source of advice get better than that? Not sure why you are posing questions here at all. Your lawyer should have the answers.

Anyway, my own thought is that I would be reluctant to withdraw an appeal without some assurance from the VO beyond what would appear to be an agreement to take another look at the application.

 

[scylla]

Hi again @scylla here is an update. We have filled an appeal and attended Alternative dispute resolution which is a pre hearing to resolve the case. We went there with new evidences and the visa officer agreed to
re-open the case, but they are demanding from us to withdraw the appeal. Is it allowed to file another appeal after withdrawing the current one? And what if they don’t close at the end of their deal?

This is beyond my knowledge. You should ask your immigration lawyer.