Increased intake to Parents and Grandparents Sponsorships in 2019

by Rekha McNutt

Immigration, Refugees and Citizenship Canada announced today that they have increased the number of applications that will be accepted for processing under the Parent and Grandparent sponsorship program. Starting in 2019, the government will accept 20,000 applications! 

You can read the full release here.

As always, we are happy to assist you with any questions you may have with respect to this or other immigration matters! Feel free to reach out to us.

Permanent Residence for under 22 children - Temporary Public Policy

by Rekha McNutt

This post follows up on our last post announcing the coming into force the change to the age of dependent children. 

You might be wondering how to gain permanent residence for a child who wasn't eligible prior to October 24, 2017. CIC has a temporary public policy in place which provides guidance on how to get this done.

The government announced the change to the age of dependency on May 3, 2017, even though it only came into force a few days ago. As such, this public policy only applies to those applications made by the parents of these children between May 3, 2017, and October 23, 2017. 

The Policy provides the following guidance for eligibility:

Based on public policy considerations, delegated officers may grant an exemption from the provisions of the Regulations listed below to foreign nationals who meet the following eligibility criteria and conditions:

A permanent residence application for a child can be made if the:

  1. Child was 19, 20, or 21 as of May 3, 2017 (the date of final publication of the regulatory amendment) or as of date the parent’s permanent residence application was made, if received on or after May 3, 2017 and before October 24, 2017;
  2. Parent or child had a permanent residence application that was either pending on May 3, 2017 or was received on or after May 3, 2017 and before October 24, 2017 (the child must have been previously identified as “additional family” on their parent’s application);
  3. Child is not a spouse/common-law partner; and,
  4. Child is not otherwise inadmissible.

The child can be:

  1. Processed or added to an application (as a dependent child) if the permanent resident visa or Confirmation of Permanent Residence (COPR) had not been issued at the time the Department was notified of the intention to add the child; OR
  2. Sponsored as a member of the Family Class once the parent is granted permanent residence.

 

Note: Refugees and protected persons may add a child who was 19, 20, or 21 on May 3, 2017 and (not a spouse/common-law partner) as an accompanying or non-accompanying dependant on a pending application; non-accompanying dependants would be able to apply for permanent residence within the one-year window.

An application to sponsor a child who is eligible under this public and is 22 or over at time of sponsorship, must be received by the Department within one year after their parent is granted permanent residence. Children who are under 22 at time of sponsorship will be processed under the regular sponsorship regulations.

Notification Period: Parents who wish to apply for their child to come to Canada must notify the Department of their intention to do so by January 31, 2018, in accordance with instructions provided by the department.

For those parents whose PR applications have been finalized already, and who may still have children under 22, a simple/regular sponsorship of a child application is still possible. 

 

Age of Dependent Child - now 'under 22'

by Rekha McNutt

Today is the day! The age of dependent children is to revert back to 'under 22'. You can read the original release here.

The previous changes had lowered the age of dependent children to under 19 and removed the exception for those enrolled in post-secondary education.

Going forward, a "dependent child" is any biological or adopted child of the parent, who is in one of the following situations of dependency:

  • Is under 22 and not a spouse or common-law partner;
  • is 22 or older but has depended substantially on the financial support of the parent since before the age of 22 and is unable to be financially self-supporting due to a physical or mental condition 

Those who have pending permanent residence applications can now add their under 22 children to their application, if they were formerly prevented from doing so when the age limit was under 19. Those whose permanent residence applications have been finalized may be in a position to sponsor their under 22 child.

 

Crisis at the Immigration Appeal Division

Wait times for Family Class appeals in Calgary have been horribly long for many years but a new crisis is affecting the Immigration Appeal Division - there's no one trained to hear the cases! Take a read through what Peter Wong had to say on the issue as he sat down with CBC - click here for full article.

 

Change to Age of Dependent Child to "under 22"

The Government just released Regulations amending the age of dependency from "under 19" to "under 22". However, the changes will not come into force until October 24, 2017. As such, any applications made until that date will continue to face the current definition of a child being "under 19". Nevertheless, this opens up opportunities for those who were unable to include children as dependants to sponsor those who might still be under the age of 22 when the Regulations take effect. 

The Full-Text of the Regulations can be found here.

Conditional Permanent Residence (PR) Repealed

Effective April 28, 2017, IRCC has repealed the Conditional Permanent Residence that affected sponsored spouses. This will affect the following individuals:

  • Permanent residents who have been issued a Confirmation of Permanent Residence (COPR) with a condition to cohabit with their sponsor for a period of two years and for whom the two-year period has not expired.
  • Permanent residents who are the subject of a report issued pursuant to subsection 44(1) of the Immigration and Refugee Protection Act (IRPA) for failing to comply with the requirement to cohabit with their sponsor for a period of two years, who have not yet been referred for an Admissibility Hearing at the Immigration Division (ID) of the Immigration and Refugee Board (IRB) pursuant to subsection A44(2) as well as those who have been referred but have not yet been issued a removal order.
  • Permanent residents who have been issued a removal order for failure to comply with the requirement to cohabit with their sponsor for a period of two years and have filed an appeal to the Immigration Appeal Division (IAD) of the IRB and for whom a decision has not been made on the appeal.

Although this provision has been repealed, be aware that IRCC still retains the ability to investigate possible fraudulent marriages under the misrepresentation provision of the Immigration and Refugee Protection Act that have always existed. 

The full text of the Operational Bulletin on Conditional PR can be found here.

Changes to application intake process for 2017 Parent and Grandparent Program

IRCC just released the following announcement on the changes to the Parent and Granparent sponsorship program. It appears that intake levels remain the same (10,000 applications), however the selection of those 10,000 will be by lottery. Starting in January 2017, those interested in sponsoring family must complete an online form indicating their interest. If they are among the 10,000 selected, they will be notified and given 90 days to submit their application.

The problem with a true lottery system is that an applicant may never be chosen, having applied year after year. This introduces significant uncertainty into this already restricted process. It remains to be seen how this pans out in reality...

Full text of the release here: http://news.gc.ca/web/article-en.do?nid=1168899