Economic & Family Classes Pilot Extended to 2023: Facilitating the PR Applications of Certain Family Members

Note: Family members of sponsors who came to Canada as privately sponsored refugees should not be excluded from this public policy on the basis that the existence of this family member would have meant that their sponsors would have had to meet higher financial requirements.

Sponsorship eligibility assessment of family class applications

If the case processing centre officer notices that an applicant may be excluded pursuant to paragraph R117(9)(d) or R125(1)(d), when completing the sponsorship eligibility assessment for family class or SCLPC class applications, they should add a note in the Global Case Management System (GCMS) so that the responsible office processing the permanent residence application will be aware.

Processing of permanent residence applications

All other eligibility and admissibility requirements apply to the permanent residence application being processed.

If the paragraph R117(9)(d) or R125(1)(d) public policy applies, the application may still be refused if other refusal grounds apply. Refusal letters should mention all refusal grounds that apply and whether the applicant qualified for the public policy, if applicable.

Transitional cases

The public policy applies to applications that were still in process as of May 31, 2019.

Also, officers should reconsider applications refused on or after May 31, 2019, and before the instructions on the pilot project were provided on September 6, 2019, and where the only refusal ground was paragraph R117(9)(d) or R125(1)(d) where the re-assessment has been requested by the refused applicant.

The public policy also applies if an appeal before the Immigration Appeal Division or a judicial review at the Federal Court has been allowed and an application has been sent back to IRCC for a new decision between May 31, 2019, and September 9, 2023.

Appeals before the Immigration Appeal Division

The public policy does not apply to applications that were refused before May 31, 2019, and that are being appealed at the Immigration Appeal Division of the Immigration and Refugee Board of Canada. The appellant can withdraw the appeal and submit a new sponsorship application, in which case the temporary public policy may apply if the public policy requirements are met and if the public policy is in effect.

Investigation due to possible misrepresentation

As other admissibility provisions are applicable, IRCC and Canada Border Services Agency officers may investigate individuals who may be inadmissible due to misrepresentation, if there are grounds to believe they have misrepresented material facts relating to a relevant matter that induce or could induce an error in the administration of the Immigration and Refugee Protection Act. Misrepresentation could include failing to declare dependent children or a spouse or a common-law partner who would have made the individual ineligible or inadmissible to Canada when they applied for permanent residence.

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July 5, 2019

ARCHIVED – Public Policy to facilitate the immigration of certain sponsored foreign nationals excluded under paragraph 117(9)(d) or 125(1)(d) of the Immigration and Refugee Protection Regulations

Background

When a person applies to become a permanent resident, they are required to declare all of their family members (spouse, common-law partner, dependent children, dependent child of a dependent child), even if they are not accompanying the principal applicant to Canada. In most cases, they also need to be examined. This is so that Departmental officials have all relevant information to make a decision on a permanent residence application and can ensure that these family members would not make the principal applicant ineligible or inadmissible.

Currently, the consequence for failing to have a non-accompanying family member examined is a lifetime bar on being able to sponsor that family member, as per paragraphs 117(9)(d) and 125(1)(d) of the Immigration and Refugee Protection Regulations (the Regulations). These regulations were put in place to encourage full disclosure by immigration applicants, to enhance the overall integrity of Family Class immigration, and to protect the health, safety and security of Canadians.

Public Policy Considerations

Stakeholders and the House of Commons Standing Committee on Citizenship and Immigration, have expressed concerns related to the disproportionate impact of the lifetime bar, particularly on children. In order to address these concerns, a two-year pilot project is being implemented, via a public policy. This public policy will facilitate the immigration into Canada of certain foreign nationals applying in the Family Class or the Spouse or Common-Law Partner in Canada class and whose sponsor applied for, and obtained permanent resident status as a Convention refugee or a person in similar circumstances, as a protected person or who were sponsored as a spouse, a common-law partner, a conjugal partner or a dependent child.

These foreign nationals will be exempted from paragraph 117(9)(d) or 125(1)(d) of the Regulations.