PGP Income Requirements If Co-signer Withdraws Undertaking

[Onkar]

I sponsored my parents under PGP permanent residence in 2019. At the time, my income did not meet the minimum necessary income for 4 members (me, my wife, and parents); therefore, my wife co-signed the PGP sponsorship undertaking. For the 3 years prior to submitting the application (2016, 2017, 2018), my income did meet the MNI requirements. Now, me and my wife are going through a separation and she wants to withdraw as a co-signer from parent’s sponsorship undertaking. I am worried that this will have a negative impact on my parents application for permanent residence. If my wife withdraws as a co-signer, does that mean the application will be closed? Also, is it possible for me to amend the number of persons I am sponsoring to 1 instead of 2 so that I can meet the MNI requirements by myself?

[Rajpal (Admin)]

If your co-signer withdraws sponsorship undertaking, you will receive a procedural fairness letter to present yourself. For example, if you may have an income, but you did not report on time but now you qualify, the application for sponsorship undertaking / application for permanent residence will continue to be processed.

If you will not be able to satisfy the officer in response to the procedural fairness letter, your undertaking will be declined or your parents’ application will be refused based on the stage of application.

If you may have checked “proceed” on IMM 1344 form, your sponsorship undertaking will be declined but your parents application will continue until refused by a visa officer. If your undertaking was approved already, your parents application for permanent residence will be refused by a visa officer.

Upon refusal, you will have a right to appeal. You can file ‘Notice of Appeal’ within 30 days from the receipt of refusal letter. You will receive a record from Immigration & Refugee Board of Canada. You will be asked to submit documents in your favour according to the rules of Immigration & Appeal Division. You will provide income documents and you or your representative will ask for humanitarian considerations because you did not satisfy the procedural fairness opportunity given to you.

For more detailed information, retain services of an immigration professional. Good Luck !