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Decoding the New Canadian Public Policy on Sponsoring Undeclared Family Members


New Canadian Public Policy on Sponsoring Undeclared Family Members

One of the recent developments in Canadian immigration is the new public policy concerning the sponsorship of undeclared family members. This policy is an extension of a pilot project that began in 2019 and aims to address the lifetime ban on sponsoring family members who were not declared during the initial immigration application. The policy is rooted in paragraphs 117(9)(d) and 125(1)(d) of the Immigration and Refugee Protection Regulations.


Originally, the lifetime ban was instituted to ensure full disclosure by applicants and to safeguard the well-being of Canadian citizens. However, this regulation has faced criticism for its harsh impact, especially on children. The new Canadian public policy, which will be in effect from September 10, 2023, to September 10, 2026, seeks to mitigate these issues while upholding the integrity of the Family Class immigration system.


So, what exactly does this new policy offer? It provides an opportunity for certain foreign nationals who are applying under the Family Class or the Spouse or Common-Law Partner in Canada class to be sponsored. These individuals must have sponsors who gained permanent resident status under specific conditions, such as being a Convention refugee or a protected person. The policy is not applicable to family members whose relationship would have rendered the sponsor ineligible for immigration under the program they initially applied for.


The eligibility criteria for this public policy are quite specific. The foreign national must have applied as a spouse, common-law partner, or dependent child in the relevant immigration classes. Moreover, if these family members had been declared and examined when their sponsor first immigrated to Canada, they should not have rendered their sponsor ineligible for permanent residence.


It's important to note that standard application fees for the Family Class or the Spouse or Common-law Partner in Canada Class still apply. Additionally, for sponsors living in Quebec, the existing requirement for a sponsorship undertaking to the Government of Quebec remains in place.


This new Canadian public policy represents a more balanced and humane approach to family sponsorship. It harmonizes the need for program integrity with the ethical treatment of vulnerable populations, offering renewed hope for families affected by previous regulations.


For those grappling with the complexities of Canadian immigration laws, Mesidor Canadian Immigration Services is your trusted partner. Contact us for personalized, expert advice tailored to your specific immigration circumstances.


References:

  1. Decoding the New Canadian Public Policy on Sponsoring Undeclared Family Members: https://www.canada.ca/en/immigration-refugees-citizenship/corporate/mandate/policies-operational-instructions-agreements/public-policies/certain-sponsored-foreign-nationals-excluded.html



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