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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What Our Clients Are Saying
Our special thanks to Ms Keely Anderson and Ms Alexandra Goncharova for their efforts and due diligence in pulling together a compelling submission in support of my husband’s rehabilitation application due to criminal inadmissibility. This was a complex case, refused once because of incompleteness and lack of transparency then put on hold for 2 years due to the covid pandemic. We subsequently reapplied with BLG upon the advice that they were the best. It was a long journey and they don’t come cheap but the result speaks for itself. We were invited to meet with the Reviewing Officer in IRCC London who said the application was so well documented that no questions remained and we were granted approval then and there. It’s been a 5-year journey but the freedom one feels to be able to travel back and forth with my husband to Canada cannot be underestimated. We are now free to apply for my husband’s permanent residency for which we will always be grateful to BLG for making it possible. Thank you.
I was immigrating from the United States to Canada. Whole process went very smooth. Viola Gniadek provided me with very clear Instructions and was there any time I had a question to help me through the process. She deserves more than 5 stars! I would recommend this firm to anyone interested in immigrating.
My wife and I worked with Bellissimo Law Group on a very complex spousal sponsorship application. Our relationship started long-distance and lasted three years before we got married, without having met in person. This raised several red flags in the immigration process. From the beginning, we knew we were facing a difficult case that needed serious legal guidance. After doing thorough research, Bellissimo stood out for their experience with complicated immigration cases, and they lived up to that reputation.
Our consultant and main point of contact was Viola Gniadek. She was professional, honest, and very precise. She responded to our concerns whenever something about the case worried us and was always flexible with us in terms of availability. I remember it was during a weekend and she was still double-checking and completing our forms as we had a submission deadline on Monday. You will be lucky to have her handle your case. The firm took time to understand the complexity of our case and worked closely with us over several months to prepare over 300 pages of documentation. What I appreciated most was how careful they were with every word submitted. In immigration law, even one unnecessary detail can be used against you, and Bellissimo knew how to manage that risk with skill and strategy.
With their guidance, we submitted a Temporary Resident Visa (TRV) application, even though they had warned us clearly that, due to the circumstances and the country involved, there was a high chance of refusal. But they also had a plan in place from the start to appeal it if that happened. The TRV was refused, as expected, but we followed through on the appeal. IRCC later offered us a settlement, and our application was reopened. We were given a second chance, and even without much new documentation, the TRV was approved within 15 days of reopening. That moment changed everything.
Thanks to that approval, my wife and I have been together in Canada since March 20. Her spousal sponsorship application was finalized and approved shortly after, but had we not pursued and won the TRV appeal, we would likely still be separated due to delays with passport stamping and processing. That TRV win was a turning point not just legally, but personally.
Later, we were invited for a spousal sponsorship interview, which showed that the officer remained skeptical of our case. Bellissimo helped us prepare thoroughly for the interview, which was a separate legal process with additional fees. But the preparation paid off. After seeing how our TRV refusal had been overturned and how well our case had been built, it would have been very difficult for an officer to justify a refusal at that point. It was clear to them that we were not only committed but had the legal backing to defend ourselves through every stage of the system.
One important thing I want to stress is that just because you can apply on your own does not mean you always should. I have seen people succeed without a lawyer, and I have seen many people fail and remain stuck in the system for years due to refusals or misrepresentation. Legal support is expensive, yes, but you need to consider what is truly at stake. Your future, your time, your peace of mind, and your chance to be with the person you love, these are far more valuable than saving a bit of money upfront.
Also, do not assume that a cheaper option means better value. It might cost less, but if they do not understand the complexity of your case or submit something careless, it could cost you far more in the long run. This is your life. Do not cheap out.
If your case is complicated like ours, Bellissimo Law Group is absolutely worth it. They do not make empty promises. They know exactly what they are doing. I am deeply grateful for their work and recommend them without hesitation. Thank you, Mr. Bellissimo and the entire team.
I recently had the pleasure of working with Bellissimo Law Group to resolve a misrepresentation issue on my permanent residency application, and I cannot recommend them highly enough. From the very beginning, their team was incredibly responsive and attentive, making sure I was informed and comfortable with every step of the process.
Their expertise and dedication were evident throughout my case. They meticulously reviewed all the details, provided clear and professional advice, and guided me through the complex legal landscape with ease. Their support was unwavering, and they always made themselves available to answer any questions or concerns I had.
Thanks to Bellissimo Law Group, my permanent residency application was successfully resolved, and I am now a proud resident of Canada. If you are looking for a law firm that truly cares about their clients and delivers outstanding results, look no further than Bellissimo Law Group.
I highly recommended Bellissimo Law Group for both legal and the process of application for immigration. The team handled my 2 cases brilliantly. They are very knowledgeable and the work and service are outstanding and very professionally done. Viola Gniadek, Christopher Colette and Punya Bagga handled my first case for my nephews and Michelle Boeriu on the second case for my brother. These two cases have been approved. Thank you with all my heart for the job well done. I really appreciate your valuable work and services. I would like to express my deepest gratitude to the team and Belllissimo Law Group.
I scheduled a consultation with Bellissimo Immigration Law Group and was incredibly pleased with how helpful they were. Not one, but two lawyers were on the call to advise me, and they took the time to look into all possible immigration options for me and my family. I had done a lot of research prior to speaking with them, but that consultation made me realize how difficult the process would be without a law firm that keeps up with the frequent policy changes. They offered invaluable advice and I will definitely hire them to create my profile when I have everything together.
Lijing was very knowledgeable and answered all of my questions in great detail. I highly recommend Bellissimo for immigration issues!
Thank you Belissimo Law Group for helping my husband and I navigate through his PR application. It’s difficult to know who to trust, especially with matters as sensitive and complex as immigration but I am so happy that I made the choice and chose BLG. They not only have an incredible comprehension of immigration law but also a great deal of compassion and consideration for their clients. I truly enjoyed working with them and I feel grateful that there are people out there working hard to make a positive impact on someone else’s life like they did with mine. Thank you again BLG, I would recommend your services to anyone in the same or similar situations!
On a side note, for people out there who are thinking about hiring an immigration consultant, please talk to a law firm first. Some consultants charge the same or more for their services without needing to have a good comprehension of immigration laws.
I highly recommend Bellissimo Law Group for their exceptional expertise and dedication to immigration law. Their team demonstrates a deep understanding of complex legal matters and provides thorough, personalized guidance throughout the entire process. They are professional, responsive, and committed to achieving the best possible outcomes for their clients. Especially, thanks to Lijing and Shuai for assisting us on our case to achieve great outcome.
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