Psyched

Gutted & Confused

Our Parent Grandparent Sponsorship application submitted Jan 2014 was returned as rejected today June 2nd 2016.

Reason

"Pursuant to regulation 133 (1) (J) (I), you do not meet the minimum necessary income requirement"

Our combined income averages 150 - 170,000 over years submitted. 2011, 2012, 2013.

Earning post application have increased 2014, 2015 and no updates were requested by CIC prior to withdrawal and return of application as 'Rejected'.

I hope others aren't going to be experiencing the same

We are a family of 5 time of application wishing to sponsor both 2 parents.

We have no right to appeal decision!

Snowy560

Hi I'm sorry to read this. Did you meet the income requirements for your family plus your parents?

Will you consider the supervisa? (I know you are gutted but I am trying to be practical).

S

Psyched

Update

Income details submitted covered years;

2010 (Arrival year June onwards) 6 months only but still $67395 = No
2011 $125,000 = Yes
2012 $155995 = Yes

So we were rejected based on only a half years earnings in 2010

At time of submission we had not received 2013 return onwards. Clearly they will not considered pro rata earnings, as for 2010.

It seems very poor based on no attempt to acquire further earnings details when we were so close 2010 minimums in our family size case were only set at $68509 we were $1114 away from being approved based on only a half years income for 2010 Brutal

Talk about strict adherence to rules!

Psyched

We have already made use of supervisa, inlaws are of working age and wished to enter Canadian workforce via permanent residence

Snowy560

OK. I suggest you come to terms with the rejection and develop a strategy for applying for next year. Seek immigration advice/representation if you need to to absolutely ensure all requirements are met and the application is prepared properly plus gets there on time.

Then, in meantime, consider the supervisa.

Kind regards.
S

Snowy560

Sorry I posted at the same time as you so didn't see the bit about your parents wishing to work.

S

Jerseygirl

Sorry to hear the application has been denied. I would certainly contact an immigration attorney to discuss a way forward for your in-laws.

A couple of months ago we were told by an Immigration Officer at the border office that our sponsor had been approved (Jan 2014 applicants). We have not received official confirmation yet and there is no change on the CIC website.

Good luck.

Psyched

Can I ask if anyone has any advice on which Immigration Attorney or short list to investigate? positive experiences. I am not prepared to use a lawyer to apply from scratch that is not required, we did ours ourselves when we emigrated. Just someone to challenge CIC's decision would be ideal.

Snowy560

Since you did not meet the eligibility criteria, I am not sure on what basis in the law you would be challenging CIC.

The purpose of seeking immigration advice would be to avoid a similar situation occurring on your next application: so that don't submit another application with something incorrect in it.

S

Psyched

It wouldn't occur again as we now have more than enough evidence of income levels, the benefit, if any exist in challenging with a lawyer would be solely to reduce time frames in waiting to submit and have a 2017 application processed.

Former Lancastrian

I have mentioned this a few times but the PGP sponsorship is a lottery. Currently it stands at 5000 spots and a cap of 10,000 complete applications. The Liberals did plan to double the number of spots but in 2016 doubled the number of new and complete applications but still only 5000 spots.
From the CIC website
We received sufficient applications to meet the Parent and Grandparent Program cap this year. The application period is now closed but will re-open on January 3, 2017, with a cap of 10,000 new and complete applications.

NOTE it doesn't say 10,000 spots which is what they promised. In January of this year couriers were receiving offers of $500 to deliver an application and drop it off at CIC rather than mailing it in. CIC won't release how many applications they received but suffice to say it was well over 10,000.
You can apply but no guarantee you would get a spot if application was complete.
Nobody knows how many applied but submitted incomplete applications or were rejected like yours.
Getting a lawyer IMHO won't help as CIC will say 1st come 1st served.

Siouxie

I'm sorry to hear that you had such a disappointing result but honestly, you would be wasting your money to challenge CIC's decision - you can't win because you did not meet the requirements stipulated (regardless of how unfair) at the time of application.

Save the money and pay a courier to take the application when it opens again.

In the meantime, have either parent looked into the possibility of EE or Provincial Nominee?

christmasoompa

+1, I'm afraid I agree that you have no basis to appeal as you must meet the criteria at the time of application, so the decision was crap, but correct. Sorry.

But on the plus side, if you now do have the required amount for the last 3 years, you can apply again and processing times have decreased at least. So if I were you, I'd get another app ready to go for 1st Jan

Best of luck.