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Refusals due to income and medicals

d3

Newbie
May 2, 2011
5
0
"Refusals due to income and medicals

You will be asked to provide information about your income but you will not be denied to sponsor your spouse and dependent children because you do not make enough money. It is possible though that if you make absolutely no money at all that immigration may ask you how you plan to support yourselves.

Spouses and dependent children are also exempt from the clause about excessive demand on health care so you do not have to worry about them being refused for that reason."

What I don't understand is, what is going on with having income requirements should I be sponsoring my partner's child when I can't be refused for not making enough money. Same goes for the medicals… why bother if these persons cannot be denied due to excessive demand on health care. Both of these requirements seem to be rather redundant to me.

What have been your experiences with these issues?
 

RobsLuv

Champion Member
Jul 14, 2008
1,838
127
124
Ontario
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
Original:14Mar2007; Reprocess began after appeal:26Apr2010
Doc's Request.
Original:9May'07; Reprocess:7May'10
AOR Received.
Original:28Apr'07; Reprocess:26Apr'10
File Transfer...
n/a
Med's Request
Reprocessing:7May2010
Med's Done....
Jun2010
Interview........
n/a
Passport Req..
30Nov2010!!
VISA ISSUED...
31Dec2010!!
LANDED..........
31Jan2011
It does seem a bit ridiculous to require medicals when a spouse/common-law partner or dependent child is excessive demand exempt - but there are some conditions that can make these family members medically inadmissible, at least temporarily. Any condition that poses a threat to Canadian public health or safety can make even a spouse or dependent child inadmissible - at least until that condition is taken care of.

As far as minimum income exempt - I just replied to this issue in another thread. While it's true that spousal sponsorships are minimum income exempt, you should be able to show that you have a job because you do sign an "undertaking" to provide for the basic needs of your sponsored family member. If it appears you have no way to do that - and that your family member will be "unable or unwilling" to support themself - the ap can be refused under A39. This is not common in spousal sponsorships, but it does happen - although usually it's when a sponsor is living abroad and cannot demonstrate that they (or their sponsored partner) will be able to find work when they return to Canada.

A39: "A foreign national is inadmissible for financial reasons if they are or will be unable or unwilling to support themself or any other person who is dependent on them, and have not satisfied an officer that adequate arrangements for care and support, other than those that involve social assistance, have been made."

The key point here is the social assistance piece - Immigration Canada is obligated not to allow anyone to immigrate when it appears that their only means of support, once they land, will be social assistance. The whole purpose of "sponsoring" is to provide for the needs of your family members so that your government doesn't have to. If a sponsor cannot do that, the application can be refused under financial inadmissibility.
 

Amy612

Hero Member
Aug 5, 2010
495
6
Category........
Visa Office......
Singapore
Job Offer........
Pre-Assessed..
Interview........
N/A
Dear all,
I would like to sponsor my son and husband just after arriving in Canada. I have no job or no source of income there. I didnt file my tax in Canda ever. I was living out of canada after landing as PR. NOw can I apply for thenm stating that I will find a job and I have sufficient savings in bangladesh to sponsor them? Will it be ok for the? Or I will be refused?
Regards
Amy
 

chelley

Hero Member
Apr 4, 2009
767
59
Category........
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Kingston Jamaica
Job Offer........
Pre-Assessed..
App. Filed.......
02-10-2009
File Transfer...
11-11-2009
Passport Req..
22-02-2010
VISA ISSUED...
04-03-2010
First, were you married to your husband when you applied and landed in Canada to gain PR status? I've read a couple of your posts and it sort of sounds as if that was the case...



If you were not married to him when you applied (and were not in a common-law relationship), how long ago did you land? And how long have you been gone?

If you didn't include this person in your application and you were married to or living (for 12m) with him, you will not be able to sponsor him... To maintain your PR status, you must have lived in canada for 2 of the past 5 years... If either of those situations apply to you, your problems are bigger than not having an income...
 

Kedeisha

Champion Member
Apr 15, 2011
2,769
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Amy612 said:
Dear all,
I would like to sponsor my son and husband just after arriving in Canada. I have no job or no source of income there. I didnt file my tax in Canda ever. I was living out of canada after landing as PR. NOw can I apply for thenm stating that I will find a job and I have sufficient savings in bangladesh to sponsor them? Will it be ok for the? Or I will be refused?
Regards
Amy
you might be refused as you have not fulfilled your residency requirement of your PR Card
 

margrey

Full Member
Mar 27, 2011
41
1
Category........
Visa Office......
Guatemala
Job Offer........
Pre-Assessed..
App. Filed.......
07-02-2011
Doc's Request.
e-mail 26-05-2011, sent doc 07-06-2011
AOR Received.
15-04-2011
File Transfer...
14-03-2011
Med's Done....
15-01-2011
Passport Req..
E-mail 26-05-2011, sent pastport on 07-06-2011
VISA ISSUED...
DM July 07, 2011, PP to pick it up on July 19, 2011
LANDED..........
SEPTEMBER 16, 2011
Always I have the curiosity to ask, what happen when the sponsor go on welfare after ther family arrive in Canada, is no my case, I have a good job, but when I read the threads, only talk about the sponsor no to be on social assistance, or the undertaking is signed to the people sponsored can be on social assistance, but what realy happen if the sponsor enter on social assistance, even with their family as dependant. Always is a talk about if the family split an so on, but what about of economical hardship before the three yeas of the undertaking is over? As say it is hypotetical curiosity, no a real situation.
 

Amy612

Hero Member
Aug 5, 2010
495
6
Category........
Visa Office......
Singapore
Job Offer........
Pre-Assessed..
Interview........
N/A
chelley said:
First, were you married to your husband when you applied and landed in Canada to gain PR status? I've read a couple of your posts and it sort of sounds as if that was the case...



If you were not married to him when you applied (and were not in a common-law relationship), how long ago did you land? And how long have you been gone?

If you didn't include this person in your application and you were married to or living (for 12m) with him, you will not be able to sponsor him... To maintain your PR status, you must have lived in canada for 2 of the past 5 years... If either of those situations apply to you, your problems are bigger than not having an

income...

I was married to him at the time of my application. He was included as a family member and did his medical. I and our daughter got immigration and landed may 2009. After one month we came back home and my son was born last year. I fulfill the residency requirement as 2 yrs of the last five yrs. I should return Canada before may 2012.
 

Canuckfever

Full Member
Jul 4, 2011
24
1
Category........
Job Offer........
Pre-Assessed..
once the family is in canada, and got an ordeal to dealt with since they entered as a PR Visa but unfortunately seeks help with the government.. THEY ARE NOT ALLOWED TO SPONSOR ANY OTHER FAMILY MEMBERS UNTIL SUCH TIME.
 

Amy612

Hero Member
Aug 5, 2010
495
6
Category........
Visa Office......
Singapore
Job Offer........
Pre-Assessed..
Interview........
N/A
chelley said:
First, were you married to your husband when you applied and landed in Canada to gain PR status? I've read a couple of your posts and it sort of sounds as if that was the case...



If you were not married to him when you applied (and were not in a common-law relationship), how long ago did you land? And how long have you been gone?

If you didn't include this person in your application and you were married to or living (for 12m) with him, you will not be able to sponsor him... To maintain your PR status, you must have lived in canada for 2 of the past 5 years... If either of those situations apply to you, your problems are bigger than not having an income...
We were married before I applied for PR. So I include him as a non accompanaying family member and he did his medical that time. I and our daughter landed in May 2009 and returned home just after one month. Our son was born last year. So now I would like to sponsor my husband and son. As per residency requirements, I didnt exceed the time. I landed in May 2009. So I have to back before April 2012.
So can I apply for sponsorship showing some deposit in canadian bank, and rest of the money from Bangladesh interms of bank statement? As I didnt file tax in canada, but I filed tax in Bangladesh, can I show this documents? Please advice me...
Amy
 

Morena

Star Member
Jul 2, 2008
162
2
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
23-02- 2011
Doc's Request.
29-03-2011
AOR Received.
13-07-2011
File Transfer...
23-03-2011
Med's Done....
21-09-2010
Interview........
waived
Passport Req..
20-10-2011
VISA ISSUED...
9-11-2011
LANDED..........
Soon!!!
Amy612 said:
We were married before I applied for PR. So I include him as a non accompanaying family member and he did his medical that time. I and our daughter landed in May 2009 and returned home just after one month. Our son was born last year. So now I would like to sponsor my husband and son. As per residency requirements, I didnt exceed the time. I landed in May 2009. So I have to back before April 2012.
So can I apply for sponsorship showing some deposit in canadian bank, and rest of the money from Bangladesh interms of bank statement? As I didnt file tax in canada, but I filed tax in Bangladesh, can I show this documents? Please advice me...
Amy
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Did you live only one month in Canada? Am i correct? So, how the sponsorship could be possible? I think is 2 years of 5....