On May 31st 2019, Honourable Ahmed Hussen the Minister of Immigration, Refugees and Citizenship (IRCC) announced a Pilot to be implemented via a Public Policy aimed at lifting the ban on Permanent Residents sponsoring undeclared family members. The pilot was set in motion on September 9th 2019 and will run till September 9th 2021.
The pilot was created following concerns of stakeholders and the House of Commons Standing Committee on Citizenship and Immigration about the effect of the lifetime ban on sponsorship of undeclared family members on vulnerable classes, especially children.
The policy concerns those previously affected by paragraphs 117(9)(d) and 125(1)(d) of the Immigration and Refugee Protection Regulations, i.e., spouses, common-law partners, dependent children, and dependent children of dependent children.
When applying for Permanent Residence, applicants are expected to provide a list of all family members (including those who would not be accompanying them to Canada), the declared family members are then examined by immigration officials to determine the eligibility of the applicant. Where a family member is undeclared or unexamined, the applicant is banned from sponsoring them for life.
The pilot seeks to reverse this ban by allowing resettled refugees, persons who were given refugee protection in Canada, or persons who were sponsored as spouses, partners, or dependent children, sponsor undeclared immediate family members applying in the Family Class, or the Spouse or Common-law Partner in Canada Class. The applicants must, however, meet the eligibility requirements for migrating to Canada.
To be eligible for the pilot, applicants must meet the following requirements set out in the policy:
The foreign national has applied as a spouse or a common-law partner in the Spouse or Common-Law Partner in Canada class or as a spouse, a common-law partner or a dependent child in the Family Class;
The foreign national has a sponsor who:
Applied for, and was granted permanent residence status as a Convention refugee or a person in similar circumstances; or,
Was granted permanent residence after having been determined to be a protected person; or,
Was determined to be a member of the Family Class, and was granted permanent residence as a sponsored spouse, common-law partner, conjugal partner, or dependent child; or,
Was determined to be a member of the Spouse or Common-Law Partner in Canada Class and was granted permanent residence as a sponsored spouse or common-law partner.
The foreign national, if declared and examined at the time their sponsor immigrated to Canada, would not have made their sponsor ineligible in the class that the sponsor applied for.
Eligible applications include those that were pending on May 31st 2019; those received between May 31st 2019, and September 9th, 2021; and applications pending reconsideration between May 31st 2019 and September 9th, 2021.
If you would like some assistance on how to sponsor your family member, book a Permanent Residence Consultation with us for more details.