• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
Income Security Advocacy Centre

Income Security Advocacy Centre

ISAC works to address issues of income security and poverty in Ontario

  • Our Work
    • Litigation
    • Policy
    • Community Organizing
    • Public Education
  • Campaigns
  • Publications
  • About Us
    • Mission, Vision & Mandate
    • Staff
    • Members
    • Board Members
    • Annual Reports
    • Contact Us
  • Updates
  • Resources
  • Twitter

Immigration Sponsorship and the “Minimum Necessary Income” Requirement

September 8, 2014

In order to sponsor certain family members to come to Canada, sponsors have to establish that they have the “minimum necessary income” as required by Canada’s immigration regulations. The income requirement prevents low income people from sponsoring their parents and grandparents to come to Canada. While the regulations allow people who receive ODSP to sponsor their parents and grandparents, in reality they are barred by the minimum income requirement.

The Metro Toronto Chinese and Southeast Asian Legal Clinic (MTSALC) has challenged this requirement as being contrary to the Charter in several sponsorship appeals at the Immigration and Refugee Board.

In the first of the MTCSALC appeals to go to hearing, ISAC applied to intervene, in order to argue that the minimum income requirement violates the rights of people with disabilities and particularly those receiving ODSP. In May 2014, the Immigration and Refugee Board granted the appeal on humanitarian and compassionate grounds, which meant there was no opportunity for us to make our argument. Other appeals were also granted without hearing the Charter challenge. In the last of the MTCSALC appeals, ISAC did not apply to intervene because the case did not involve ODSP.

The current income requirement is even more onerous than that being challenged by MTCSALC. The government now requires that people have “minimum necessary income” + 30% in order to sponsor.

ISAC will continue to monitor this issue and consider intervening if Charter challenges are brought.

– October 19, 2015

Primary Sidebar

Blog sidebar

Subscribe

"*" indicates required fields

Name

Income Security Advocacy Centre

Footer widget

1500 – 55 University Avenue, Toronto, ON M5J 2H7
Tel: (416) 597-5820 • Toll Free: 1-866-245-4072 • Fax: (416) 597-5821

  • Contact

This site contains general legal information for people in Ontario, Canada. It is not intended to be used as legal advice for a specific legal problem. ISAC is a not-for-profit, non-partisan organization. ISAC is funded by Legal Aid Ontario (LAO). The funding for this website is also provided by LAO. The views expressed in any of ISAC’s publications (including written, oral, or visual) are the views of the clinic and do not necessarily reflect those of LAO.