Operational Changes to the Spousal Sponsorship Program

This Operational Bulletin (OB) provides instructions for processing applications to sponsor a spouse, partner or a dependent child on or after December 15, 2016. This date is the launch date of the redesigned application process for spouses, partners and dependent children.

It is worth highlighting that these instructions apply to sponsorship and permanent residence applications under the Family Class for:

• Spouses (FC1)
• Common-law partners (FCC)
• Conjugal partners (FCE) and,
• Dependent children (FC3)

• Spouses (FC1) and,
• Common-law partners (FCC)

Immigration, Refugees and Citizenship Canada (IRCC) remains committed to minimising overall processing times. In addition, it seeks to improve client services for spouses, partners and dependent children of Canadian citizens and permanent residents. To accomplish these objectives, it has introduced various ongoing measures for reducing the existing spousal inventories. However, the Department is also introducing changes to the application process. These changes will help contribute towards achieving efficiencies in processing applications.

It is worth mentioning that these changes will not affect the substantive, legislative or regulatory, requirements of the program. As such, applicants will still need to satisfy officers that they meet all the prescribed legislative and regulatory requirements. Only then would they be able to receive permanent residence. However, the new process will change the manner in which applicants make their applications in order to facilitate faster processing. This will, in turn, serve to enhance the client experience.

The Summary of Changes to the Application Process

Immigration, Refugees and Citizenship Canada (IRCC) has introduced the following changes to the application process:

• Simplified and streamlined guides, kits and forms
• A requirement that the applicants document their applications fully before the authorities accept the applications for processing
• Encouraging clients to link their applications to their online accounts for facilitating faster and securer communication
• The elimination of upfront medicals
• Requesting for Schedule A electronically following the intake of the application and,
• A Police Certificate Pilot

The authorities have simplified application guides, kits and forms for improving the client experience. Spouses, common-law partners, conjugal partners, dependent children and their sponsors would henceforth need to use a single application kit and consolidated guide. This is regardless of whether they are applying under the Family Class or under the Spouse or Common-Law Partner in Canada class (SCLPC).

There are four new checklists, which apply for each type of applicant. These checklists take clients through the forms and documents needed for the authorities to accept their applications for processing. The authorities have consolidated the 13 overseas region-specific document checklists as well. They have created a country specific requirements tool that enables clients to select their countries from a dropdown list. Thereafter, the clients will be able to find out whether they need any additional forms for submitting along with their applications. Or, they will be able to ascertain if there are any special instructions pertaining to the documents that they will be submitting as part of their applications.

Some individuals might want to sponsor their spouses or partners. This is regardless of whether the sponsored spouse or partner is residing inside or outside Canada. These individuals will now find themselves directed to one webpage on the Immigration, Refugees and Citizenship Canada (IRCC) website. This new page provides links to the following new forms and tools. In addition, it specifies the forms required as part of an application too.

• Guide 5525 – Sponsor Your Spouse, Common-law Partner, Conjugal Partner or Dependent Child – Basic Guide
• Guide 5289 – Sponsor Your Spouse, Common-law Partner, Conjugal Partner or Dependent Child – Complete Guide
• Document Checklist – Spouse i.e. IMM 5533
• Document Checklist – Common-law Partner i.e. IMM 5589
• Document Checklist – Conjugal Partner i.e. IMM 5629
• Document Checklist – Dependent Child i.e. IMM 5534
• Country Specific Requirements Selection Tool
  • Applicants will need to use dropdown boxes for identifying the country of residence and any countries from which they will need to submit documents
  • The website will provide information relevant to the country or countries selected
• The Relationship Information and Sponsorship Evaluation i.e. IMM 5532

The clients would need to submit the relevant documents to the officers processing their applications. This would enable the officers to make a decision in a timelier manner. This makes processing more efficient and timely. Under the redesigned process, clients will need to submit complete and fully documented applications.

The Case Processing Centre in Mississauga (CPC-M) will be responsible for the first assessment. This will serve to confirm the completeness of the application. This is in accordance with the provisions specified in sections 10 and 11 of the Immigration and Refugee Protection Regulations (IRPR). A complete application will typically include all the applicable completed and signed forms that the Department has provided in the application package. The authorities usually publish the application package on the website of the Department at the time the Department receives the application. This also applies to any country-specific forms that the applicants require based on the applicant’s country of residence. For an application to be complete, it will need to contain the appropriate proof of payment of the correct fees. In case any of the above details are missing, the officers would need to return the applications as being incomplete.

It is worth mentioning that Ministerial Instructions (MIs) that came into effect on December 15, 2016, have established the requirement for fully documented applications. As a condition for accepting documents for processing, the Ministerial Instructions (MIs) require that applicants submit their applications along with the applicable document checklist and the documents specified in Part B of the applicable document checklist. As such, the authorities will return applications that are missing the applicable document checklist or any of the documents listed in Part B of the applicable document checklist.

On receiving an application, the staff at the Case Processing Centre in Mississauga (CPC-M) will need to verify whether the applicants have completed and submitted all the application forms and supporting documents specified on the applicable document checklist. These documents and forms would typically comprise:

• The Document Checklist – Spouse i.e. IMM 5533
  • This will need to contain all the forms and supporting documents required upfront for applications to sponsor a spouse (FC1) under the Family Class or the Spouse or Common-Law Partner in Canada class (SCLPC)
• The Document Checklist – Common-Law Partner i.e. IMM 5589
  • This will need to contain all the forms and supporting documents required upfront for applications to sponsor a common-law partner (FCC) under the Family Class or the Spouse or Common-Law Partner in Canada class (SCLPC)
• The Document Checklist – Conjugal Partner i.e. IMM 5629
  • This will need to contain all the forms and supporting documents required upfront for applications to sponsor a conjugal partner (FCE) under the Family Class
• The Document Checklist – Dependent Child i.e. IMM 5534
  • This will need to contain all the forms and supporting documents required upfront for applications to sponsor a dependent child (FC3) under the Family Class
  • The applicant will need to use this checklist in case the principal applicant is a dependent child

It is worth mentioning that Immigration, Refugees and Citizenship Canada (IRCC) will not retain applications for sponsoring a spouse, common-law partner, conjugal partner or dependent child that are incomplete. Similarly, Immigration, Refugees and Citizenship Canada (IRCC) will not retain applications for sponsoring a spouse, common-law partner, conjugal partner or dependent child that do not contain the documents specified in the applicable document checklist. As such, the officers will need to return these applications to the sponsor. In addition, they will need to avoid processing any processing fees.

Officers will need to continue to exercise their discretion for requesting additional documentation from the sponsor or the applicant at any time during the processing of the application. This will serve to satisfy the officers that the applicant meets the legislative and regulatory requirements specified. This is in addition to the requirement for fully documented applications at application intake.

The Transition Period

The Ministerial Instructions (MIs) provide for a transition period. During this period, officers would need to continue accepting applications made using the old forms and kits. This transition period concludes on January 31, 2017. The staff receiving the applications will review the applications made using the old forms and kits received at the Case Processing Centre in Mississauga (CPC-M) on or before January 31, 2017, for completeness only. Applications made under the new process (such as those using the new forms and checklist) will need to meet the conditions specified by the Ministerial Instructions (MIs) from the date on which the Ministerial Instructions (MIs) come into effect i.e. December 15, 2016.

The officers will need to put complete and fully documented applications into process. The Case Processing Centre in Mississauga (CPC-M) will need to provide an acknowledgement of receipt. In addition, it will need to send a request for principal applicants to create an online account. The principal applicants will need to link their applications to their online accounts within seven calendar days. The authorities would notify the applicants that in case the applicants do not create online accounts, the time taken for processing their applications will be even longer.

Therefore, for faster processing timelines, the applicants will need to create online accounts and link their applications to it. Thereafter, the authorities will do all communications with the principal applicants through the online accounts. This will be useful for facilitating communication with the applicants. As such, the applicants will no longer receive any correspondence via e-mail or mail.

Some applicants might choose not to link their applications to their online accounts. In this scenario, the Department would need to continue communicating with these applicants or their representatives by e-mail or regular mail.

The redesigned spousal process does not require applicants to submit the Schedule A – Background / Declaration i.e. IMM 5669 up front at the time of submitting the application. The Schedule A is now a dynamic web form. As such, applicants will be able to validate and submit it electronically.

The Case Processing Centre in Mississauga (CPC-M) will need to queue the request for Schedule A. The system will send this request automatically when the applicant links the application to the online account. The authorities will give applicants 30 days for uploading their validated Schedule A. This will enable the electronic entry of information specified on the Schedule A into the Global Case Management System (GCMS). This will significantly reduce the manual date entry of information on the form.

Some applicants might choose not to create online accounts. Or, they might not even create online accounts within seven calendar days. In this scenario, the Case Processing Centre in Mississauga (CPC-M) will need to send correspondence to the applicant requesting a paper copy of the validated Schedule A within 30 days from the date of the letter. The authorities could send this correspondence via mail or e-mail.

In case the applicant does not comply with submitting the Schedule A – whether the electronic or the paper version – within 30 days of the request, the Case Processing Centre in Mississauga (CPC-M) has the authority to refuse the application on the grounds of non-compliance. In addition, they could refuse the application based on a finding by an officer that they are not satisfied that the applicant is not inadmissible based on the information available.

The officers would need to conduct the sponsorship eligibility assessment based on the existing practices and procedures. The Case Processing Centre in Mississauga (CPC-M) will need to assess whether the sponsor meets the sponsorship eligibility requirements prescribed under section 133 of the Immigration and Refugee Protection Regulations (IRPR).

Thus, the officers would no longer use the Sponsorship Evaluation Form i.e. IMM 5481 as part of the sponsorship eligibility assessment for applications to sponsor spouses and partners who apply under the Family Class or the Spouse or Common-Law Partner in Canada class (SCLPC).

Section A of the new Relationship Information and Sponsorship Evaluation form i.e. IMM 5532 contains the information needed for the sponsorship evaluation and personal information about the sponsor. Hence, officers will need to use the information given on this form for supporting a determination of whether the sponsor meets the sponsorship eligibility requirements under section 133 of the Immigration and Refugee Protection Regulations (IRPR).

The authorities will only continue to use the Sponsorship Evaluation form i.e. IMM 5481 as part of the sponsorship eligibility assessment for applications to sponsor dependent children (FC3) as principal applicant under the Family Class.

The authorities will need to conduct the eligibility assessment for spouses, partners and dependent children as per existing practices and procedures.

As such, all spousal sponsorship applicants and their sponsors, who apply under the Family Class or the Spouse or Common-Law Partner in Canada class (SCLPC), will need to submit a new consolidated relationship questionnaire. This questionnaire bears the title ‘Relationship Information and Sponsorship Evaluation’ i.e. IMM 5532. Applicants will need to submit this questionnaire up front as part of the application package.

In all cases, a departmental official will continue to have the discretion to request that the applicant and / or sponsor provide additional documentation. This additional documentation might well include proof of relationship. In addition, this departmental official will also have the authority to convoke the applicant for an interview, in case the official feels that the presence of additional information is essential for assessing the application.

The Guidelines for Medical Screening

The following individuals will not need to undergo an upfront medical examination:

• Spouses and common-law partners who apply under the Spouse or Common-Law Partner in Canada Class (SCLPC) and,
• Spouses, partners and dependent children who apply under the Family Class

The authorities will issue medical instructions during the processing of the application.

Immigration, Refugees and Citizenship Canada (IRCC) will typically send a request via the online account for the principal applicant and family members for completing an Immigration Medical Examination (IME) within 30 days. This is regardless of whether the family members are accompanying or not. For people who do not create online accounts, Immigration, Refugees and Citizenship Canada (IRCC) will send the request via mail or e-mail. The authorities will issue the medical instructions at an appropriate point after they have accepted the application for processing. Then, they will give the applicants about 30 days to comply. In some cases, the applicants might not comply with this request within 30 days. This would lead to the refusal of the application on the basis that the officer is not satisfied that the applicant is not medically inadmissible.

Situations could arise where some applicants might have undergone medical examinations prior to the publication of the new procedures and application kits. Or, some applicants might have undergone medical examinations as part of applications for visas or permits in other categories. As part of the checklist, the authorities will ask applicants who have completed the Immigration Medical Examination (IME) in the 12 months prior to application submission to submit a copy of the Information Sheet from the Panel Physician up front along with their application packages. However, an Immigration, Refugees and Citizenship Canada (IRCC) officer might still need the applicant to undergo a new Immigration Medical Examination (IME). But, this will depend on the remaining validity period of the medical results.

The Guidelines for Criminality Assessment

The authorities will conduct criminality assessments based on current practices and procedures. As such, all Spouse or Common-Law Partner in Canada Class (SCLPC) applicants who are 18 years of age or older will continue to remain subject to a mandatory criminal background check. The Royal Canadian Mounted Police (RCMP) will be responsible for conducting this in-Canada criminality check.

The Police Certificates Pilot: Some applications for permanent residence for a spouse, partner or dependent children typically needed the upfront submission of police certificates. This is no longer needed as part of the application package. Instead, the authorities urge applicants to commence the process of obtaining police certificates in advance. This is because Immigration, Refugees and Citizenship Canada (IRCC) will typically send them requests to submit these certificates shortly after receiving their applications.

Once the authorities accept the application for processing, the principal applicant and all family members who are 18 years of age or older, will need to upload an electronically validated Schedule A – Background / Declaration i.e. IMM 5669 into their online accounts. In addition, these people will need to upload the police certificates that they have obtained from the:

• Current country of residence in case the applicant has resided there for six months or more and,
• Country where the applicant has spent most of their adult life, since attaining the age of 18 year

It is worth mentioning that applicants will have 30 days for complying with this notification.

In some cases, the applicant might be unable to obtain a police certificate because of various country conditions. These conditions could be that the country is in conflict, is a war zone or is facing a natural disaster. In this scenario, the authorities are willing to accept a written explanation from the applicant as well.

Officers might still request for additional police certificates for any additional countries that the applicant may have resided in. This is possible even after the applicant has submitted the above-mentioned police certificates.

Situations could arise where the principal applicant indicates that the applicant does not wish to create an online account. Or, it could be likely that the principal applicant does not create an online account within seven calendar days. In these situations, the Case Processing Centre in Mississauga (CPC-M) will need to send the relevant correspondence via e-mail or mail to the applicant. In addition, the Case Processing Centre in Mississauga (CPC-M) will need to request for paper versions of the police certificates.

The Guidelines for Security Screening

The authorities will need to conduct security screening in accordance with existing practices and procedures.

The Guidelines for the Examination of Overseas Family Members

The authorities will need to examine all accompanying and non-accompanying family members for admissibility. This will usually take place at the time of the processing of the application for permanent residence. This will help in ensuring that the principal applicant is admissible.

It is worth highlighting that the procedures established in section 5 of OB 624 continue to remain in effect. These procedures pertain to the examination of overseas family members of in-Canada spousal applicants. Offices in Canada in the Centralised Network and the Domestic Network will need to continue being responsible for completing certain steps, which visa offices previously completed, as the authorities have outlined in OB 624.