You can have a genuine relationship, complete paperwork and the best intentions, and still be refused, because of a number. The income test is where many honest sponsorships quietly fail.
Family sponsorship is supposed to be about relationships. But under the rules, a sponsor also has to prove they can support the people they bring, and that financial test refuses more genuine applications than most people realise.
Under section 133(1)(j), a sponsor must generally show income at least equal to the Minimum Necessary Income, set by reference to the Low Income Cut Off (LICO), which rises with the size of the household and is updated each year.
For parents and grandparents, the bar is higher in two ways. The sponsor must show the Minimum Necessary Income plus 30 percent, and must meet it for each of the three consecutive taxation years before filing. One weak year in three can be enough to put the application at risk, even if the current year is strong.
On the surface this is a calculation. In practice it is a question of legal definitions and documentation, and responding to an income concern with the wrong figures or the wrong records can convert a solvable shortfall into a refusal. Where a sponsorship has already been refused on income, there may be a right of appeal, which is its own specialised process.
The best time to get the numbers right is before filing. The second best time is the moment an income concern appears.
This article is general legal information and is not legal advice. Income thresholds change yearly and every case turns on its own facts. For your own situation, please book a consultation.
Immigration, family, corporate or cross-border. We will tell you honestly what can be done, and what cannot.
Book a Consultation你可以有真实的关系、齐全的材料和最好的意愿,却仍然被拒,就因为一个数字。收入测试,正是许多诚实的担保悄然失败的地方。
家庭担保本应关乎的是"关系"。但按照规则,担保人还必须证明:他们有能力供养自己带来的人。而这项财务测试所拒掉的真实申请,比大多数人以为的要多。
根据第133(1)(j)条,担保人通常须证明其收入至少达到最低必要收入(Minimum Necessary Income),该标准参照低收入临界线(LICO)设定,随家庭人数增加而提高,并每年更新。
对父母及祖父母担保,门槛在两方面更高:担保人须证明达到最低必要收入再加30%,且须在递交前连续三个纳税年度的每一年都达到。三年里只要有一年偏弱,哪怕当年很强,也可能足以让申请陷入风险。
表面上这是一道计算题。实际上,它关乎法律定义与举证,而用错数字或错误记录去回应收入疑虑,可能把一个可解决的缺口变成拒签。若担保已因收入被拒,可能存在上诉权,而那本身又是一套专门的程序。
把数字做对的最佳时机,是在递交之前;次佳时机,是收入疑虑刚一出现的那一刻。
本文为一般法律信息,不构成法律意见。收入门槛逐年变动,每个案件都取决于自身事实。针对您的具体情况,请预约咨询。