The Processing of Family Members
Live-in caregivers would typically need to name all their family members on their application for permanent residence under the provisions specified in the Live-in Caregiver Program (LCP). This includes all family members, regardless of whether they are in Canada or abroad. Providing this information would enable the officers to assess these applications against the requirements prescribed for permanent residence.
Once the live-in caregivers become permanent residents, they have the ability to sponsor family members, whom the officers have not processed concurrently, as members of the family class. However, the caregivers would only be able to do this provided the officers examined these family members at the time of the live-in caregiver’s application for permanent residence from within Canada.
Applicants would also need to indicate:
- The family members that require concurrent processing for the purpose of obtaining their permanent resident visas and,
- The family members that the applicant has listed only for the purpose of examination
Some applicants might have family members who are living abroad. The Case Processing Centre in Vegreville, Alberta (CPC-V) would need to inform the responsible visa office of this. In addition, the Case Processing Centre in Vegreville, Alberta (CPC-V) would need to send this visa office:
- A copy of the In-Canada Application for Permanent Resident Status (IMM 5002), which lists all family members and shows which ones the authorities would need to process concurrently and,
- A confirmation that the applicant has paid the fees for the family members that require concurrent processing
In addition, the Case Processing Centre in Vegreville, Alberta (CPC-V) would need to ensure that the responsible visa office has updated contact information for the applicant’s family members. If applicable, it would need to advise the visa office of any change in the live-in caregiver’s address and telephone number as well.
Situations could arise where certain non-accompanying family members wish to become accompanying family members. This would typically occur when the applicant wishes to change a family member, whom the applicant had initially listed as a non-accompanying family member to an accompanying family member, during the processing of the live-in caregiver’s application for permanent residence. It is worth highlighting that the applicants have the ability to effect this change.
However, officers would need to note that a non-accompanying family member can only become an accompanying family member if the principal applicant made the request before the authorities granted the applicant permanent residence.
If the officers find that this is indeed the case, they would need to check that the applicant has paid the appropriate fees at the time of making the request for the non-accompanying family member to become an accompanying family member.
Inadmissibility and Non-Accompanying Family Members
Officers would need to examine all family members. This is regardless of whether the family members are accompanying or not. However, officers have the ability to decide otherwise as well. In most cases, an inadmissible family member would typically render the principal applicant inadmissible. This is regardless of whether the family member is accompanying or not.
However, the provisions specified in R23 specify two exceptions to this rule. These concern:
- The separated spouse of the applicant and,
- A situation where:
- A child of the applicant is in the legal custody of someone other than the applicant or the accompanying family member or,
- Someone other than the applicant or accompanying family member of the applicant has the authority to act on behalf of that child by virtue or a court order or a written agreement or by operation of law
Officers might come across situations where the applicant’s separated spouse or their children, who are legally in the custody of someone else, are inadmissible. In this scenario, the officers would need to note that the inadmissibility of these individuals would not render the applicant inadmissible. However, officers would need to note that separated spouses can reconcile. Similarly, people have the ability to change the custody arrangements for their children. Therefore, the officers are well within their rights to require examinations for safeguarding the future right of sponsoring them as members of the family class. It is worth highlighting that if the authorities do not examine these family members at this stage, the principal applicant would not be able to sponsor them under the family class later. This is in accordance with the provisions specified in R117 (9) (d). However, officers would also need to refer to the provisions specified in R117 (10), which provides an exemption in these circumstances.
Officers would need to avoid issuing permanent resident visas to separated spouses, common-law partners or children in the legal custody of someone else. This is applicable even if these individuals undergo the relevant examinations. This is because separated spouses and common-law partners are not members of the family class. Moreover, the authorities treat children in the custody of someone else as non-accompanying family members. This is in accordance with the provisions specified in R117 (9) (c).
In addition, the officers would require satisfactory written evidence of a separation and that a child is in the legal custody or guardianship of another individual (including the other parent). Some examples of such acceptable documentary proof could include:
- A formal separation agreement
- A letter from a lawyer indicating that divorce proceedings are underway
- A court order in respect of children identifying the fact of the relationship breakdown
- Documents removing the spouse or common-law partner from insurance policies or wills
- A statutory declaration in the case of countries where legal separation and divorce are not possible such as the Philippines
- In this case, the officers could consider the following supporting documents as satisfactory evidence that the relationship has truly broken down:
- Evidence that the separated spouse is living with or has children with another partner or,
- Income tax returns that show the status as separated
The Case Processing Centre in Vegreville, Alberta (CPC-V) would need to review the notes in the Computer Assisted Immigration Processing System (CAIPS) or the Global Case Management System (GCMS) from the initial work permit application at the visa office. This would enable it to check if the visa officer had confirmed the applicant’s marital status at the time. The Case Processing Centre in Vegreville, Alberta (CPC-V) might need to ask the visa office to confirm or discredit the statutory declaration or other information provided by the live-in caregiver, concerning the caregiver’s marital status at the time of their application for permanent residence.
Officers might benefit from going through the OP 2 – Processing Members of the Family Class chapter. This chapter contains additional information regarding the processing of family members.
Source: Citizenship and Immigration