Appendix A – The Guidelines Specified in Section 10 of the Immigration and Refugee Protection Regulations (IRPR)

The Form and Content of the Application

Based on the specifications prescribed in paragraphs 28 (b), 28 (c), 28 (d) and 139 (1) (b), under the Immigration and Refugee Protection Regulations (IRPR), concerning the applications made under these regulations, applicants would need to ensure that they:

• Make the applications in writing by using the form provided by the Department, if any
• Sign the applications
• Include all information and documentation required by the Immigration and Refugee Protection Regulations(IRPR), along with any other evidence specified by the Act
• Include evidence of payment of the applicable fee (if any) along with the application as prescribed by theImmigration and Refugee Protection Regulations (IRPR) and,
• Identify clearly the principal applicant and the accompanying spouse or common-law partner, if the application specifies an accompanying spouse or common-law partner

The Required Information

Unless specified otherwise by the Immigration and Refugee Protection Regulations (IRPR), the application must:

• Contain the name, date of birth, address, nationality and immigration status of the applicant and of all family members of the applicant, whether accompanying or not, and a statement whether the applicant or any of the family members is the spouse, common-law partner or conjugal partner of another person
• Indicate whether the applicants are applying for a visa, permit or an authorisation
• Indicate the class prescribed by the Immigration and Refugee Protection Regulations (IRPR) for which the applicants are making this application
  • If the applicant is represented in connection with the application, they would need to include the name, postal address and telephone number, and fax number and electronic mail address, if any, of any person or entity – or a person acting on its behalf – who is representing the applicant
  • If the applicant is represented for consideration in connection with the application by a person referred to in any of the paragraphs 91 (2) (a) to (c) of the Act, include the name of the body of which the person is a member and their relevant membership identification numbers
  • If the applicants had been advised, for consideration in connection with the application, by a person referred to in any of the paragraphs 91 (2) (a) to (c) of the Act, include the information referred to in points 2.c.i and 2.c.ii concerning that person
  • If the applicants had been advised, for consideration in connection with the application by an entity (or a person acting on its behalf) referred to in subsection 91 (4) of the Act, include the information referred to in paragraph 2.c.i concerning that person or entity and,
• Include a declaration that the information provided in the application is complete and accurate

The Application of Family Members

The authorities consider the application as one made for the principal applicant and the accompanying family members.

The Sponsorship Application

An application made by a foreign national as a member of the family class would need to be preceded or accompanied by a sponsorship application. This is in accordance with the provisions specified in paragraph 130 (1) (c).

Multiple Applications

It is worth highlighting that no sponsor can file a sponsorship application in respect of a person if the sponsor has filed another sponsorship application in respect of the same person and the authorities have not made a final decision in respect of that other application.

The Invalid Sponsorship Application

In some situations, the authorities could come across sponsorship applications not made in accordance with the provisions specified in subsection (1) i.e. the form and content of the application. In this scenario, the officers would consider the application as an application not filed in the prescribed manner for the purposes of subsection 63 (1) of the Act.