Many people who immigrate to Canada leave family members behind in their native country, with the hope that they will one day be reunited. Once a person is settled in Canada he or she may apply to sponsor family members so they may also make a home in Canada.

However, people who want to sponsor family members to immigrate to Canada generally have to meet certain income requirements. The financial requirement is necessary to ensure that people can support those they sponsor for the period of their sponsorship undertaking.

An exception to the financial requirement rule is that people sponsoring spouses, common-law partners, conjugal partners, or dependent children do not have to meet the financial requirements. They cannot, however, be an un-discharged bankrupt or in receipt of social assistance.

For all other family sponsorship applications, including sponsoring parents, grandparents, and other eligible relatives, the sponsor's income must meet the minimum necessary income requirement. This is the number that is identified annually by Statistics Canada in its Low Income Cut Off levels ("LICO").

The sponsor must meet the cut-off to support all members of the sponsor's own family, the sponsored person’s family, and that person’s family members (spouse and children).  It is important to note that all of the sponsored person’s family members must be included, even if they are not accompanying their parent or spouse to Canada.

The current LICO rates for 2011 outside of Quebec are:

Size of Family Unit	LICO
1 person (sponsor)	$22,229
2 people	$27,674
3 people	$34,022
4 people	$41,307
5 people	$46,850
6 people	$52,838
7 people	$58,827
Each additional person	$5,989

For example, a single-mom with two children who wants to sponsor her mother to immigrate would accordingly have to have an income of at least $41,307 to be eligible to be a sponsor.

There are a few ways to lessen the financial burden in cases like the above. The spouse or common-law partner of a sponsor may co-sign an undertaking to help meet income requirements by pooling resources If our single-mom were to get married while her application to sponsor her mother was being processed, then her husband could co-sign her sponsorship application, and his income could be included in determining LICO.  It is important to note, of course, that the LICO would increase to $46,307, as the husband would increase the size of the family unit by one.

It's important to be aware that the sponsor has to be in compliance with the income requirements from the day on which the application is submitted until the day on which a decision is made on the application. As applications to sponsor a parent or grandparent are currently taking several years to process, a sponsor should assume that he or she will have to meet LICO for that whole time.  

There is no wiggle room when it comes to this requirement; it is interpreted very strictly.  Suppose that our single-mom only had an income of $20,000 when she submitted her application.  She would have been below the LICO requirement.  She then marries her husband, who earns $75,000, one year later.  She is now above the LICO requirement.  However, because she was not eligible to sponsor during the whole period from when her application was submitted to when it was reviewed, her application would be rejected.    

Navigating the waters of family immigration can be difficult, so understand that there are people who can help you. Consult with an immigration lawyer or consultant to guide you through the entire process.



Article courtesy of Ryan Rosenberg & Steven Meurrens, Canadian Immigration Lawyers based in Vancouver BC. 


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