August 9, 2010
Q: I was sponsored by my husband last October. I got a job and I am still employed. Unfortunately, for my husband, he was sick and was out of work and on EI benefits for the most part of the year.
I have a very strong interest in sponsoring my mother and younger sister (who is a dependant). However, the cumulative income earned for the year for both of us is short of the required amount. However, over the past years my husband’s income was more than 80,000 dollars before tax with the exception of last year. Do you think it is wise to go ahead with the sponsorship knowing that we are short of the financial requirement or can we go ahead and do so but provide additional (previous income earnings that will show that he was always employed and has always surpassed the amount required)?
A: This is a very unfortunate situation indeed. We have met with many clients in the same situation who applied even though they did not meet the financial requirements for the immediate year before the application. The law is very clear on this point: you cannot make up for not having the required income one year immediately before the application by past earnings, savings or other assets. Immigration Canada will look at your income or combined income if both of you are co-signers (spouses only) of the application as you will have to submit both Notices of Assessment. Therefore, please wait until you meet the financial requirements and be mindful those requirements must be met each year until a decision is made on the application. Good luck!