Re: important question - please help
jaski said:
LOL ! thats a joke, CIC cannot do that. my family size at time of application is 3 and i do meet the required for 2013,2014 and 2015 for three people. Then again i am getting married in February which is after the applications and everything is submitted. If they decided to reject my application saying that my family size changed in 2017 which makes no sense at all. I cannot add my spouse because she's in not in Canada. I will take them to court since there is nothing on the website that says that income requirement must meet the expected possible family size you can have till this application is processed. It is calculated on yearly basis for a reason. I will give it a try and I will challenge their decision in court because they cannot create their own rules unless they are mention legally.
I see that there has already been an argument over this. Well, to me, both parties are right. However you cannot draw a line here. CIC is asking for NOA for last 3 taxation years to make their best estimate on if the sponsor will be able to meet financial requirements of his/her full family size
in future. You said you cannot add your spouse because she isn't in Canada yet; well how are you adding your parents then? But it's also true that you don't have to count her in your family size when you launch the application.
However you're obliged to notify CIC if your family size increases/decreases due to marriage, divorce, birth, death etc. When you do so, CIC will re-evaluate your financial eligibility. If your income from last 3 taxation years (2013, 2014 & 2015) covers the increased family size, they
may not ask for additional docs. But if it doesn't, CIC will
most likely want to see your recent year's NOA (2016). CIC will make a decision upon all these 4 years' income.
"The minimum necessary income requirement, which you must meet for each of the three years is equal to the Low Income Cutoffs (LICOs) plus 30%,
taking into account the number of family members for whom you are or will be financially responsible."
(Guide 5772)