What have they done to me ..... Please HELP!!!! PLEASE READ.

[WildPacket]

I filled an application to sponsor my parents on the 14th of March 2004. They are currently in Pakistan. The Immigration office in Mississauga acknowledged the receipt of my application on 26th of June 2004.

Abount 6 months later I made a phone call to follow up on my case/file and they said do not call us before 2 years. I was bit sad that it takes that long to sponsor your parents??? so I waited for 2 years and exactly after 2 years the immigration office sent my entire application back asking to provide me about any changes in my status, job or any change on the side of my parents. I had changed my job in these 2 years and was making $25,000 yearly more than what I was making at my previous job.

Once I updated my application and sent to them they called back after about a month or so telling me that I do not qualify so they regret to tell me that they have refused my case.

Here is the reson for refusal they gave me .....


At the time when I applied in March, 2004 the salary requirements to bear the burden of 5 people was e.g: $39,000. My parents, me, wife and my son we are total 5. My salary at that time was e.: $40,000 so I was eligble to sponsor from that point of view.

The immigration agent tells me when I downloaded the application and droped into the mail I was eligble but by the time it reached their office the salary requirements went up and were changed so according to that I do not qualify. I got very dismayed as this is not a fault at my end, they should understand this very well and consider my file/case from the date I dropped in the mail and it has a date on it from the post office too.

When I filled the application I mentioned I will pursue this case further even if it is refused, now I want to pursue further. I told the agent I can reapply the case with my new job salary but please do not remove me from the que which I already waited for 2 years, he says no, if I have to apply again with my new salary they will remove me from the que and I have to start all over again. I am very heart broken as I write this.

I want to make an appeal and looking for an immigraiton lawyer or advise on how to not loose my position in the que, I am willing to refill my application with my new salary, help me please advise me, how can I handle this case and not loose my place in the que. I want my parents with me, my son needs ghrand parents.

Advise me if there a well known lawyer who can assist me. I live in Toronto. I want to stay in the que. I have waited so long. I have seen cases where ones parents migrate to Canada within approx 24 months. Why did I have to wait for this long .....? They have killed me.

Advise please. Please.

[Kayalami]

AFAIK the Immigration & Refugee Protection Act (IRPA) which iirc came into effect on 28 June 2002 states that an application must meet the relevant requirements/ criteria up to the point of visa issuance.

This has primarily been used as a tool to control the immigration targets for the skilled worker class i.e. if min score is 65 then you must meet or exceed this all the way to the date your visa is issued. This negates a 'lock in' system which given the lengthy processing time frames is not realistic as your circumstances are likely to have changed then. If score moves to 70 by the time visa officer looks at your file you get rejected. The same rationale of meeting criteria all the way through has been obviously applied to your case.

Understandably a new application would have to be treated as starting the clock for whatever timeline is in place for the relevant visa category. Parents/ grandparents are less of a priority in the immigration system with timelines stretching out to 36 months or more for most posts compared to say spouses and children at 6-12 months.

Personally I don't see how any attorney can assist with 'locking' the 2 years that have already gone by unless there are extremely compelling circumstances as to why your parents need to have their case 'expedited' - such would have to be weighed against inadmissibility issues e.g. if there are medical reasons then such would need to be reviewed against the 'excessive demand' criteria. Go to your local legal clinic they should be able to give you a free consultation and you can decide from there whether to retain an attoreny.

sorry that may not be the news you wish to hear.

[WildPacket]

Thank you for taking out the time to read and respond to my post.

[jes2jes]

Wild packet, It is unfortunate but John is right. Your application with the new salary would be treated as a new application and would have to join the queue again. Unless you have been asked for additional documentation then, it would have been a different issue. So, all the best with it. You can also send your kids to India to spend time with their grannies from time to time as you go through this or they can come and visit for 6 months and go back.

All the best and I hope you sort something out soon.

[Kayalami]

iirc the federal government had put in place a policy that parents/ grandparents would be dealt with more sympathetically by visa officers and issued visitor visas of longer validity to enable family contact during the lengthy immigrant processing. Longer validity in this context means for example 5 years. The duration of stay for each entry to Canada is still determined by the Immigration Officer at the Port of Entry and is a max 6 months unless otherwise noted on the relevant travel document. It may be with the new government this policy has taken a back seat to those targetted across all classes e.g reduction of the landing fee.