Sponsor Parents (Income decreases)-Please help

[snowflake]

Hello all...

I have a question to ask..I have submitted the sponsorship application for my mom in September 2009. When I submited the application, my income met the requirements. However, this year when I filed tax for 2009, my income is lower than the minimum requirement of the LICO. If this the case, will my sponsorship will be rejected? Do the CIC request an updated income information or do they consider on the option C print out 2008 that I enclosed with my application? Please advise. I'm so afraid that I won't be able to sponsor my mom here. What if next year my income equals or more than the LICO? Does anyone knows whether CIC normally requested for updated info?

Thank you very much....

 

[wilson]

CIC may ask for new LICO, tax summary for the assesment period. The updated information can be send by fax.
Please wait to see other opinions too.

 

[rajmalhotra7]

Snowflake - CIC Will reject/deny your sponsorship after making you wait for 34 months (current processing time). ACT NOW and please consult some consultant or seniors on this forum or on trackitt(dot)com for advise.

There was an exact same case on trackitt(dot) where a sponsor has applied for parents sponsorship long ago in 2007. And after the processing time of 32 months (approx.), CIC informed him of rejection. He filed for sponsorship in early 2007 with an estimate income of 2006, but when he received his T4 for 2006, he saw low income in T4. He waited almost 30 months and CIC informed him that his income for 2006 was below LICO. Even if his income for 2007 and 2008 were above LICO, CIC rejected/denied his sponsorship. CIC informed him that if he wants to sponsor his parents he will have to make a new application for sponsorship. He lost his senoirity and if he coose to make a new application he will start all over again and wait for another 34 months (current in-Canada processing time).

Please read all the posts on the following thread:

trackitt(dot)com/canada-discussion-forums/family-class/401762875/parents-sponsorship

The guy i am talking about is "asimn"

DO NOTHING - is not an option for you, as you will run into the same situtation as the guy i talked about above.

My suggestion - Please see if you can withdraw your current sponsorship and when your income is above LICO apply again (Recommended).

OR in your income tax return show that you worked for someone (store, company, or individual) and earned the required income and pay taxes on that income. In this option, you are bringing your income for 2009 above the LICO. Not a recommended course of action, but i have heard that few people do that.

 

[matthewc]

rajmalhotra7 - If his actual income on the 2006 return submitted with the application wasn't enough, it's hardly surprising CIC rejected the sponsorship.

snowflake - If your income was sufficient on your 2008 tax return you sent with the application, but is not high enough for 2009, then the best thing you can do is try to simply earn more money this year and next year. If CIC request an updated financial evaluation, it won't be until they come to actually process the sponsorship, which (at the current rate) won't be until about July 2012:

http://carroll.org.uk/cic/estimate?rcvd=2009-09-01&class=1

In July 2012, your most recent tax return will be for 2011, and the re-assessment would be for the 12 months immediately before they ask for it. See IP 2 section 22:

"22.1. Reassessment of income after giving an undertaking

R134(2) allows calculation of the sponsor's income if it no longer appears to meet the
requirement of R133(1)(j). The new calculation is based on the 12-month period that
precedes the day the officer receives the information."

So, if you raise your earnings now, there is a good likelihood that, even if they reassess your income, the dip in your 2009 income won't actually matter.

Lying about your income is a sure-fire way to end up with problems - I wouldn't recommend that.

 

[matthewc]

One final point worth mentioning (definitely not recommended, but theoretically possible) is that you could fail to meet the LICO when you submit the application, or when reassessed, and actually win on appeal if you meet the LICO at that time. You could, potentially try that if have insufficient income now, but are certain your income will increase before the case gets to appeal.

That's what happened in this case:

http://www.canlii.org/en/ca/irb/doc/2007/2007canlii69750/2007canlii69750.html

To do that you'd have to tick the box saying you want the PR application processed, even if you're found ineligible to sponsor.

Given the huge wait times for parental applications, it could end up quicker to do this than wait until you meet the LICO for the first time before submitting the sponsorship. Of course, you could also lose - like I said, definitely not recommended.