Financial Inadmissibility
Are you unwilling or unable to support yourself and/or your dependents?
Have you been found to be financially inadmissible?
At Bellissimo Immigration Law Group PC we can help!
Who is inadmissible?
Section 39 of the Immigration and Refugee Protection Act (IRPA) sets out that a foreign national may be found to be
inadmissible to Canada where they are unable or unwilling to support either
themselves or any dependents, and have not arranged for satisfactory
alternative care and support other than social assistance.
Notably, protected persons are granted exception
from the requirements of section 39, according to s. 21 of the Immigration and Refugee Protection
Regulations (IRPR).
Spousal Sponsorship and MNI
Sponsors must be aware that any receipt of social assistance may
become relevant in determining whether or not the foreign national they are
sponsoring is financial admissible. Subsection 133(1)(k) of the IRPR in fact states that an officer
shall not approve of a sponsorship application if there is evidence that the
sponsor was in receipt of social assistance at any time from the date of filing
of the application to the date the decision is made.
Minimum Necessary Income (MNI) thresholds have also been established
for individuals hoping to sponsor their parents or grandparents.
Determination
Process
Financial inadmissibility findings
are typically made upon review of evidence that support the foreign national’s
current financial situation, including:
- bank
statements and bank books;
- current
and past employment;
- letter
of employment;
- pay
stubs;
- letters
of support and/or statutory declarations from friends or relatives attesting to
current financial situation; and/or
- Notices
of Assessment.
Documentation demonstrating inadmissibility that may be relied upon
in determining inadmissibility may include:
- evidence of dependence on social assistance;
- benefit cheques;
- cancelled receipts; and/or
- statements from social service authorities.
For sponsorship applications, it is important to demonstrate that,
where the sponsor has received benefits for a disability (which is not
technically social assistance), that the applicant has not any associated
benefit from these disability payments as this would render the foreign
national inadmissible. The burden of proof remains on the applicant to establish
that they are willing and able to support themselves, and that there are
adequate arrangements for their care and support in Canada that do not involve
reliance on social assistance.
Establishing
MNI
MNI
thresholds are released on an annual basis by Immigration, Refugees and
Citizenship Canada (IRCC). They are developed using Statistics Canada’s
Low-Income Cut-Off (“LICO”). The MNI
thresholds vary depending on how many individuals are currently living in the
sponsor’s household (including the sponsor). They take this number and add the number
of family member(s) being sponsored in order to arrive at a figure that
represents how much income is required to provide the care and support for all
members of the household. Canadian citizens or permanent residents hoping to
sponsor their parent or grandparent must meet the MNI applicable to their
situation, plus 30% for each of the
three consecutive years preceding the date on which the application is
submission.
Sponsors typically provide their Notices of Assessment or “Option C
printouts”, T4s and other government-issued financial documentation to
show proof of meeting this threshold.
Note that sponsors must maintain or exceed the MNI throughout the processing of
the application. IRCC may reassess financial information at any point during
processing, from the time of the application until the permanent visas are
issued.[1]
Overcoming financial inadmissibility
Foreign nationals suspected
of being financially inadmissible ought to be afforded the opportunity to
respond to these concerns through a procedural fairness letter from IRCC. The
foreign national may also be scheduled for an examination interview, and/or may
be asked to provide evidence that they are no longer in receipt of social
assistance.
It is crucial that
documentation in support of a foreign national’s financial admissibility and
their ability to support themselves is provided to IRCC should a procedural
fairness letter be issued. When addressing financial inadmissibility, it is
often useful to draw upon particular factors pertaining to the foreign national
which support their likelihood of becoming economically self-sufficient once in
Canada. This includes by pointing to language proficiency and youth, which are
two of the most important factors in the economic success of immigrants as
determined through IRCC research. Work experience, skills, and education should
also be emphasized. Generally, it will not be sufficient to simply state that a
foreign national will find employment upon coming to Canada; credible proof and
supporting documentation should also be supplied. Finally, counsel ought to
invoke humanitarian and compassionate grounds as compelling reasons to overcome
any potential financial inadmissibility.
Please contact Bellissimo Immigration Law Group PC for further information and how we can help to address financial inadmissibility!
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Exceptional Legal Support from Bellissimo Law Group – Highly Recommended!
It has been a pleasure working with Bellissimo Law Group. During the challenging times of COVID, I was searching for a trusted lawyer to handle my case but had difficulty finding the right support. That changed when I reached out to Bellissimo Law Group.
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