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DISCLAIMER:
The following has been prepared by Colin R. Singer, Attorney At Law, for the intended reference by interested individuals and is not intended to create an attorney-client communication. This writing may be reproduced for the personal non commercial use of interested individuals on the express or implied condition that the contents herein are neither edited, modified nor altered in whole or in part, directly or indirectly without the express written consent of the author herein.
Section 19 of the Immigration Act precludes the admission of persons who are unable or unwilling to support themselves and those persons who are dependent on them for care and support. Exceptions are available where adequate arrangements (other than social assistance) have been made. Applicants who do not meet this criteria can be declared inadmissible. Proof of settlement funds is generally provided immediately prior to visa issuance.
During the past year, public concern has been mounting over the incidences of abuse by certain newly arriving who subscribe to social assistance programs.
In early 1994, the Department published a series of rules & guidelines aimed at providing officers with an indication of what sums applicants are recommended to possess in order to meet the settlement fund requirements. A Table of Funds Required By Independent Immigrants was also published, covering the initial period of 6 months following landing:
FUNDS REQUIRED BY INDEPENDENT IMMIGRANTS ON LANDING IN CANADA TO SUPPORT SELF AND DEPENDENTS FOR A PERIOD OF SIX MONTHS
(IS 4)
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Size
of Area of Residence |
| Family Size |
500,000 &
more |
100,000 -
499,999 |
30,000 -
99,999 |
30,000 &
less |
| 1 Person |
7,238 |
6,563 |
6,448 |
6,032 |
| 2 Persons |
9,804 |
8,892 |
8,739 |
8,168 |
| 3 Persons |
12,939 |
11,778 |
11,585 |
10,862 |
| 4 Persons |
14,784 |
13,447 |
13,223 |
12,391 |
| 5 Persons |
16,899 |
15,438 |
15,194 |
14,287 |
| 6 Persons |
18,325 |
16,740 |
16,476 |
15,487 |
| 7 Persons |
20,411 |
18,705 |
18,421 |
17,539 |
| Ea Add Per |
1,880 |
1,743 |
1,722 |
1,634 |
These funds are NOT a Sina qua non condition of admission. The six month settlement fund requirement is a policy creation implemented by the Department and is not found in the Regulations.
Visa officers have been instructed not to refuse applicants on the basis of the Table alone and to apply a number of additional factors which include without limitation, the following criteria:
- spouse's potential for employment
- genuine offers of employment
- genuine offers of accommodation
- general assistance from family and friends
- transferable skills of applicant
The application of the Table and the additional factors noted above will vary from post to post in accordance with the particular circumstances of an applicant's case.
As well, certain visa offices adhere to a practice of requesting longevity of fund possession for up to one year, while other offices will issue visas upon the production of evidence of current deposit (s) or bank draft (s) in the name of applicant, spouse or overage dependent child.
Applicants who are not able upon request, to provide evidence of sufficient funds, can petition the visa office to hold the disposition of the case in abeyance for a reasonable period of time, pending efforts by the applicant to comply with this statutory requirement.
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