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Financial Inadmissibility

Are you unwilling or unable to support yourself and/or your dependents?
Have you been found to be financially inadmissible?
At Bellissimo 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 Law Group PC for further information and how we can help to address financial inadmissibility!

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What Our Clients Are Saying
Bellissimo Law has been the greatest help we could have asked for our journey. Our case needed an appeal which was very well organized, documented and presented to the authorities. We received a positive decision on the case all because of the expertise of Mr. Bellissimo and team. Keely and John are great at responding all smart and stupid questions and the team is very prompt to answer emails. They have the entire process streamlined, right from extension to evidences which makes our job easier. We got the quotes from some of the other law firms too who are all good and had lower charges. We chose Bellisimo because they are the best and in the long term a few extra bucks won't matter but the results will. Highly recommended.
Vaibhav Chaturvedi
Vaibhav Chaturvedi
16:51 06 May 19
Our immigration process was handled by Bellissimo Law Group. The first consultation with Mr Bellissimo was very insightful. Ms Keely Anderson was particularly very helpful. She guided us through the process. I will definitely recommend this law firm. They know what they are doing. Thanks once again for guiding us through the process.
Dare Sokoya
Dare Sokoya
19:27 28 Mar 19
I greatly recommend Bellissimo Law Group. After a long time waiting, I will finally be reunited with my son here in Canada. We are very grateful for all the great, very professional services that they have done for my case. My personal thanks to Kelly Anderson and her group. More power to all of you!
michele medalla
michele medalla
23:36 04 Mar 19
I wish I’d found Bellissimo Law 9 years ago before taking the advice of a so called Immigration Consultant who led our family to a very costly near disaster in our quest to immigrate to join our family in Canada. Years later, in desperation, at a Procedural Fairness Letter stage internet research seemed to suggest Bellissimo Law may be the company to deal with our problem. From the first consultation with Bellissimo Law their extremely thorough, very focused telephone interview personified professionalism and reassurance. All subsequent dealings with any member of the team were of the same high standard. It was clear to us that Mario Bellissimo leads from the front and that his staff not only respect him but that they are trained to match his standards and caring approach. I believe it is very important to mention that although they seem expensive, when our particular problem resolved more quickly and easily than anticipated they refunded the money which had not yet been used. Thanks particularly to Keely, our lead person, and to all at Bellissimo. I will always, highly recommend Bellissimo Law. Keep up the good work. In less than 6 months all our worries are over. We are now permanent residents.
Patricia Forsythe
Patricia Forsythe
23:33 22 Mar 19
Very professional and very informative on the phone. Good to see that it is not all about money and more about relationship building. Highly recommended. Thank you!
Atabak Amirabrahimi
Atabak Amirabrahimi
17:19 16 Apr 19
Great service and successfully guided us through the immigration and citizenship processes. Terrific attention to detail, and created a terrific case for our application, which was successfully approved. Attached is a picture with the judge. A wonderful day. So proud to be a Canadian!
Carlos Berber
Carlos Berber
15:45 26 May 19
Bellísimo law group made a dream a reality. They help me throughout the entire process of becoming a Canadian permanent resident. Great service. I will definitely use their services again in the future. Highly recommended
Jose Rendon
Jose Rendon
01:01 29 May 19
We had a fantastic experience with Bellissimo Law Group. From Mr. Bellissimo to the entire staff, in particular Viola Gniadek, were professional, diligent, knowledgeable and available at all times. We thank the entire group for a successful resolution for my friend Catherine. I would highly recommend the firm for any and all of your immigration needs. Thank you all for a job well done!
Liliana Pelech
Liliana Pelech
14:53 01 Jun 19
I sponsored my parents in 2007 and I was refused in 2013 based on medical inadmissibility of my mentally challenged brother. I found Late Mr. Rotenberg as my original lawyer who passed away during the process. I was very disappointed as I was counting on his expertise to help me with my situation. Mr. Bellissimo was God send for me to help me with my case. I am very thankful that he took on my case. His team member Ms. Tamara Thomas worked with me and advised me with regards to the documents that I needed to obtain, they did extensive research on eligibility criteria of various social and health systems. They worked with me on the interview preparation. The time spend working with them was very targeted and very specific to address the Minister's concerns. They ensured there was no further waste in time or any delays. The way they presented my case and helped me win it only a world class Law firm can do that as there were times I was going to lose my hopes. I would totally recommend this law firm to anyone who is going through similar situation as mine with both hands down. Mr. Bellissimo and the team (Ms. Tamara Thomas) you guys are amazing and thank you so much again for reuniting me with my family in my beautiful dream country Canada.
Irshad Khan
Irshad Khan
17:46 04 Jun 19
They’re very professional and the advice was given 100% accurate. The lawyer Justin Toh didn’t rush at all. He took the time to answer all our questions in details. I’m very happy with their service.
Shah Alam
Shah Alam
21:15 09 Jul 19