The Conditions for Accompanying Family Members
Accompanying family members can become permanent residents. They would need to submit their applications as part of the spouse or partner’s application for permanent residence. Accompanying family members could include:
- The dependent children of the:
- Sponsored spouse
- Sponsored partner or,
- Sponsor AND,
- The dependent children of those dependent children
CIC officers have the authority to initiate a removal action. They could do this in case the sponsored spouse or partner does not meet the condition of cohabiting in a conjugal relationship with the sponsor during the two-year period. By initiating removal action against a sponsored spouse or partner, the CIC also makes the accompanying family members subject to removal action.
This is because of the non-compliance of the condition prescribed. Initiating removal action for this reason is in accordance with S 41 of the IRPA. It also complies with S 72.2 (1) of the Regulations. However, the authorities can only initiate removal action for the accompanying family members if they initiate removal action against a sponsored spouse or partner for not complying with the stipulated condition.
However, there are two exceptions to the implementation of removal orders for violating the condition. These exceptions become applicable if:
- Evidence shows that the sponsor died during the two-year period of conditional permanent residence or,
- Evidence highlights the vulnerability of spouses and partners in abusive relationships through abuse or neglect
Condition for Members of the Family Class Sponsored During or After the Conditional Period
The sponsored spouse or partner can also sponsor members of the family class. However, they can only do this once they receive permanent residence. In addition, they cannot sponsor a new spouse or partner for a period of five years. This is in accordance with the guidelines prescribed in OB 386 (Five-year Sponsorship bar for Persons Sponsored to Come to Canada as a Spouse or Partner). Therefore, in this scenario, the permanent resident status of the sponsored individuals would depend on their sponsor meeting the condition.
CIC officers have the authority to initiate a removal action. They could do this in case the sponsored spouse or partner does not meet the condition of cohabiting in a conjugal relationship with the sponsor during the two-year period. By initiating removal action against a sponsored spouse or partner, the CIC also makes the accompanying family members subject to removal action.
This is because of the non-compliance of the condition prescribed. Initiating removal action for this reason is in accordance with S 41 of the IRPA. It also complies with S 72.3 (1) of the Regulations. However, the authorities can only initiate removal action for the accompanying family members in one scenario. That situation arises if they initiate removal action against a sponsored spouse or partner. This would be on the grounds of not complying with the stipulated condition.
Sponsored members of the family class could typically include:
- Dependent children
- This includes dependent children of a dependent child
- Adopted children
- Parents
- Grandparents
- Orphaned siblings, nieces and nephews and grandchildren, below 18 years of age, who are not:
- Married or,
- In a common-law relationship
- Other relatives in specific circumstances
However, there are two exceptions to the implementation of removal orders for violating the condition. These exceptions become applicable if:
- Evidence shows that the sponsor died during the two-year period of conditional permanent residence or,
- Evidence highlights the vulnerability of spouses and partners in abusive relationships through abuse or neglect
Source: Citizenship and Immigration