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. Also, they also need to be examined in some cases. This has been the norm in order that IRCC has all relevant information to make a decision on their permanent residence application and mainly to 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. These regulations encouraged full disclosure by applicants, to enhance the overall integrity of Family Class immigration, and to protect the health, safety and security of Canadians.
A new two-year pilot began on September 9, and will now allow sponsorship applications for certain family members who would normally be banned from obtaining permanent residence under IRCC regulations.
IRCC will grant an exemption to foreign nationals (people) who meet all of the following conditions:
• 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:
1. Applied for, and was granted permanent residence status as a Convention refugee or a person in similar circumstances; or,
2. Was granted permanent residence after having been determined to be a protected person; or,
3. 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,
4. 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.
The pilot is effective from September 9, 2019, and ends on September 9, 2021.
