Canada has recently extended a public policy that permits the sponsorship of undeclared family members for immigration purposes. The policy was initially implemented on September 9, 2019, in response to concerns raised by stakeholders and the House of Commons Standing Committee on Citizenship and Immigration. It aimed to address the issue of a lifetime bar imposed on foreign nationals excluded under certain Immigration and Refugee Protection Regulations (IRPR) statutes.
When individuals apply for permanent residency in Canada, it is mandatory to declare all family members, including spouses, common-law partners, dependent children, and dependent children of dependent children, even if they are not accompanying the principal applicant to Canada. In most cases, these family members also need to undergo examination to provide relevant information for the decision-making process on the permanent residence application and to ensure their inclusion does not render the principal applicant ineligible or inadmissible under the IRPR.
Failure to have a non-accompanying family member examined may result in a lifetime ban on sponsoring that member, in accordance with paragraphs 117(9)(d) and 125(1)(d) of the Regulations. These regulations were put in place to promote complete disclosure by immigration applicants, enhance the integrity of Family Class immigration, and safeguard the health, safety, and security of Canadians, as stated on the Immigration, Refugees and Citizenship Canada (IRCC) website.
Following the 2019 pilot project, a subsequent public policy was introduced in September 2021, initially intended for two years due to the exceptional circumstances and challenges arising from the COVID-19 pandemic. Although the policy was set to expire on September 9, 2023, the IRCC has implemented a consecutive public policy to ensure continued facilitation and comprehensive data collection for potential amendments to immigration legislation. This consecutive public policy has been in effect since September 10, 2023, until September 10, 2026, and will be applied to applications pending on its implementation date.
To be eligible for the public policy’s benefits and exemption from the exclusion under paragraphs R117(9)(d) or R125(1)(d), the following requirements must be met:
- The foreign national must have applied as a spouse, common-law partner, conjugal partner, or dependent child under the Family Class or as a spouse or common-law partner under the Spouse or Common-Law Partner in Canada (SCLPC) Class.
- The sponsor must have obtained permanent residence as a resettled refugee, protected person, or through sponsorship of a family member under the Family Class or SCLPC Class.
- The foreign national, if declared and examined at the time of the sponsor’s immigration to Canada, would not have made the sponsor ineligible in the class under which they applied and received permanent residence.
It’s important to note that the public policy does not apply if the applicant is already exempt from exclusion under subsection R117(10) or R125(2) due to an officer’s determination that examination was not required under the Immigration and Refugee Protection Act (IRPA) or the former Act. Additionally, the policy does not apply if the sponsor gained permanent residence under other categories not specified by the public policy, such as economic classes or other family class categories.
The consecutive public policy represents a step towards reuniting Canadian citizens and permanent residents with their close family members, prioritizing spouses, common-law partners, conjugal partners, and dependent children. The sponsorship undertaking by the sponsor ensures that the basic needs of sponsored family members are met without relying on social assistance. Applications involving adopted children, children to be adopted, and orphans are given priority, particularly when minors lack parental care. Other members of the Family Class do not have specific processing priorities.
By extending this public policy, Canada aims to create more opportunities for family reunification and facilitate the immigration process for eligible individuals.