Appellants’ Guide to Alternative Dispute Resolution (ADR) Conference Re: Parents and Grandparents Sponsorship Appeals – ADDENDUM – Sponsor’s Minimum Necessary Income (MNI)

IAD.08a2 Addendum – MNIPGP

July 2014

What kind of documents should I provide as disclosure before the ADR Conference?

In this kind of case, the reason for refusal of your sponsorship application is that the Citizenship and Immigration Canada (CIC) officer decided that you (and your co-signer to the undertaking, if any) did not have the minimum necessary income required by the Immigration and Refugee Protection Regulations (Regulations) to sponsor your sponsored member of the family class (your parent or grandparent) and accompanying family member(s) to Canada. In order to win your appeal at the Immigration Appeal Division (IAD), it is your responsibility to show that the refusal is not legal or that there are humanitarian and compassionate reasons for allowing the appeal.

Legal Reasons

To show that the refusal is not legal, you must show that the CIC officer was wrong in deciding that you did not have enough income to sponsor your parent or grandparent and accompanying family member(s).

a) If your sponsorship application was received by CIC before November 5, 2011, you must show that in the 12 months before you sponsored your parent or grandparent and accompanying family member(s), your income and your co-signer’s income (if you had a co-signer) was equal to or more than the required minimum necessary income (MNI) amount as at the date you filed the sponsorship application. At a hearing or an ADR Conference, you should try to show:

  • the number of people in your family unit (that includes you, your family members, the sponsored parent or grandparent and their family member(s) whether accompanying or not) and every other person, and their family members in respect of whom you have given or co-signed an undertaking that is still in effect (with the same applying to your co-signer, if any);
  • the MNI amount that is needed for your family unit size as at the date you filed the sponsorship application;
  • the income of you and the co-signer (if any) for the 12-month period before the date of the filing of your sponsorship application; and
  • any other information that may help decide this issue.

It is the IAD’s understanding that CIC may take the position that the Regulations as amended effective January 1, 2014 apply to your appeal in which case you may wish to consider what is required to be shown for appeals subject to the amended Regulations as set out below.

- or -

b) If your sponsorship application was received by CIC after January 1, 2014, you must show that in the three years before you sponsored your parent or grandparent and accompanying family member(s), your income and your co-signer’s income (if you had a co-signer) was equal to or more than the required MNI amount plus 30% as at the date you filed the sponsorship application. At a hearing or an ADR Conference, you should try to show:

  • the number of people in your family unit (that includes you, your family members, the sponsored parent or grandparent and their family member(s) whether accompanying or not) and every other person, and their family members in respect of whom you have given or co-signed an undertaking that is still in effect (with the same applying to your co-signer, if any);
  • the MNI amount plus 30% that is needed for your family unit size as at the date you filed the sponsorship application;
  • the income of you and the co-signer (if any) for the 3 year period before the date of the filing of your sponsorship application; and
  • any other information that may help decide this issue.

Humanitarian and Compassionate Reasons (H&C)

Even if you did not have enough income to meet the sponsorship requirements as at the date you filed the sponsorship application, you may still win your appeal by showing that there are sufficient humanitarian and compassionate reasons for allowing your sponsored relative(s)  to come to Canada. At a hearing or an ADR Conference, you should try to show:

  • if your sponsorship application was received by CIC before November 5, 2011:
    • the most recent MNI amount needed for your family unit size;
    • the income of you and the co-signer (if any) for the 12-month period before the date of the hearing or ADR Conference;
    • how close you were to meeting the MNI amount for the 12-month period before the date of the appeal hearing or ADR Conference; and
    • It is the IAD’s understanding that CIC may take the position that the Regulations as amended effective January 1, 2014 apply to your appeal in which case you may wish to consider what is required to be shown for appeals subject to the amended Regulations as set out below.
  • If your sponsorship application was received by CIC after January 1, 2014:
    • the most recent MNI amount plus 30% that is needed for your family unit size;
    • the income of you and the co-signer (if any) for the 3-year period before the date of the appeal hearing or ADR Conference; and
    • how close you were to meeting the MNI amount for the 3 year period before the date of the appeal hearing or ADR Conference.

For sponsorship applications filed before November 5, 2011 and after January 1, 2014, you should also try to show:

  • the kind of relationship you have with your sponsored parent or grandparent and accompanying family member(s);
  • whether you have other relatives in Canada and, if so, the kind of relationship you have with them;
  • whether you can visit your parent or grandparent and accompanying family member(s) in his, her or their country of residence;
  • the kind of support your sponsored parent or grandparent and accompanying family member(s) can provide to you and your family members in Canada;
  • the circumstances of your sponsored parent or grandparent and accompanying family member(s) in his, her or their country of residence;
  • the best interests of any child who is directly affected by the refusal of the sponsorship application;
  • whether there are negative reasons why you may not deserve special consideration; and
  • any other information that may help your appeal.

You should come prepared to deal with all of the reasons the CIC officer gave for refusing your sponsorship application.

Documents to Provide

Since your appeal is about the financial requirements that you must meet as a sponsor, if your sponsorship application was received by CIC after January 1, 2014, you should provide the three most recent Notices of Assessment of your income tax or Option C printouts from the Canada Revenue Agency (CRA). If you have not already done so, you should provide this financial information for the three year period preceding the date of filing your sponsorship application. If there is a co-signer, similar information should be provided in relation to the co-signer’s income.

If your sponsorship application was received by CIC before November 5, 2011, you may provide other information that is relevant to your financial situation to prove your income for the twelve-month period preceding the date of the hearing or ADR Conference. If you have not already done so, you should provide this financial information for the twelve-month period preceding the filing of the sponsorship application. This may include T-4 slips, tax assessments, pay stubs, letters from employers etc. If you have a business, you may wish to provide tax assessments for the business and audited financial statements of the business. If there is a co-signer, similar information should be provided in relation to the co-signer’s income. Providing additional financial information, such as the last three years of your Notice of Assessment or Option C printout from the CRA, may assist in the early resolution of your appeal, as CIC places greater reliance on documents from the CRA than from other sources. You may wish to take this into account when providing documents for an ADR Conference or a hearing.

For humanitarian and compassionate consideration, to show the relationship you have with your sponsored parent or grandparent and accompanying family member(s) and the importance of the sponsorship, you may wish to provide such things as letters, phone bills, receipts for money transfers and/or plane tickets. Some people also provide letters from family, friends, and/or employers.

To prepare for an ADR Conference, you should also fill out the financial evaluation form (IMM5768 “Financial Evaluation for Parents and Grandparents Sponsorship”) that is part of the parents and grandparents sponsorship application for CIC. In the ADR process, you must provide this information as soon as possible, and the documents must be received by the IAD and the Minister’s counsel no later than 40 days after you have received the letter from the IAD that asks you to provide these documents – otherwise, the appeal may be taken out of the ADR process and then scheduled through the regular hearing process.

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