The Procedure for Processing Permanent Residence Applications for Family Members Abroad

Last Updated on décembre 25, 2016

This process will usually take place once the live-in caregiver has completed the Live-in Caregiver Program (LCP) and applied for permanent residence.

The Requirements for the Visa Office

The officers would typically receive notifications stating that the live-in caregiver applicants (or principal applicants) have dependent family members residing abroad. In this scenario, the visa office would need to:

• Forward an Application for Permanent Residence in Canada i.e. IMM 0008 to the family members and indicate the time limit they have for responding
• Open an LC2 file in all cases – this is regardless of whether the family members are undergoing concurrent processing or not
• Confirm the identify and determine the relationship of all the family members
• Show the case as ‘Passed’ at the paper screening and selection stage – this is regardless of whether the family members are undergoing concurrent processing or not
• Indicate whether or not the individuals have paid the processing and the right of permanent residence fee
• Insert the exemption code ‘999’ for family members whom the officers have not processed concurrently and ‘LFN’ to indicate that they are exempt from paying the right of permanent residence fee
  • In this scenario, the officers would also need to provide an explanation in the remarks box
  • The explanation could specify ‘LC2 not applying for permanent residence) and,
• Initiate the appropriate medical and background examinations

Note:

• The officers would need to enter the codes ‘FPC’ and ‘LFC’ in case the principal applicant has paid the processing and the right of permanent residence fees in Canada

The Guidelines for Quebec Cases

The authorities require that the live-in caregiver obtain a certificat de sélection du Québec (CSQ) for the caregiver and all accompanying family members who will be residing in the province of Quebec.

The officers would need to request the authorities to issue a certificat de sélection du Québec (CSQ) for the accompanying family members. For this, the officers would need to contact the responsible Ministère de l’Immigration et des Communautés culturelles (MICC) office and provide the list of the accompanying family members abroad. This list would need to contain the names and dates of birth of each of the accompanying family members and the principal applicant. In addition, it would need to include their Case Processing Centre (CPC) client id number as well.

Note:

• The officer would need to inform the National Headquarters (NHQ) / Immigration Branch in case there are any problems surrounding the issuance of the certificat de sélection du Québec (CSQ)
• The officers should not request the non-accompanying family members to complete a Demande de certificat de selection (DCS)

The Guidelines for Contacting the Family Members

The officers would need to try to contact the family members residing abroad directly. Alternatively, they could attempt to contact these people by enlisting the live-in caregiver applicant’s assistance. It is worth mentioning that the inland officer’s assistance in contacting overseas family members should remain limited only to exceptional situations. This is why the officers would need to ensure that they have valid, complete and up-to-date mailing addresses for all the family members. It might also be worthwhile for the officers to have a telephone number for each of these family members.

The Case Processing Centre (CPC) would need to inform the visa office each time it receives a change of address for live-in caregivers whose family members officers are processing abroad.

Situations could arise where these family members do not return completed Applications for Permanent Residence in Canada i.e. IMM 0008. Alternatively, these family members might not provide the documentation requested for within the stipulated timeframes. In this scenario, the officers have specific instructions to follow up with the family members. This is in accordance with the provisions specified in section 9.13 of the IP 4 – The Processing Live-in Caregivers in Canada chapter. Officers would need to send a copy of the form to the principal applicant in Canada. In addition, they would need to send a copy to the Case Processing Centre in Vegreville (CPC-V) in case the visa office is not using the Computer Assisted Immigration Processing System (CAIPS) or the Global Case Management System (GCMS). The officer might attempt to contact the principal applicant at any time during this process.

The letter will typically need to state that, in case the applicants (or family members) do not provide the documentation requested for within a specified period of time (as appropriate), the officers would close the file. This would result in the authorities refusing the applicant in Canada.

The Guidelines for Finalising Approved Cases

The principal applicant and the family members would need to meet all the prescribed identity, relationship and statutory requirements. Thereafter, the officers would need to provide the Case Processing Centre (CPC) with the:

• Results of the statutory checks
• Period of validity of the statutory checks and,
• Visa office file numbers for both accompanying and non-accompanying family members

Note:

• The officers have the ability to communicate the results via e-mail to [email protected]
• The officers would need to address all e-mail messages to the attention of ‘Client Services’

The Guidelines for Processing Files for Accompanying Family Members

The authorities will leave the visa office file for accompanying family members open until the inland Citizenship and Immigration Canada (CIC) office confirms that the authorities have granted the live-in caregiver applicant permanent resident status.

It is worth mentioning that the applicant will need to include all family members in the original application for permanent residence. This is regardless of whether the family members are accompanying or non-accompanying. This is in accordance with the provisions specified in R114. The authorities permit a non-accompanying family member to become an accompanying family member during the processing of the application. For this, the non-accompanying family member will need to make a request and pay the appropriate fees at the time of the request. The family member will need to make the request prior to the authorities granting permanent resident status to the live-in caregiver in Canada.

It is not necessary for the principal applicant to include a newly created family member in the original application for permanent residence. Such family members could typically include newborns and new spouses. The principal applicant can add these family members to the application during the processing of the application of the live-in caregiver.

In time, the authorities will grant permanent resident status in Canada to the principal applicant. In addition, they will send a notification to this effect to the visa office. On receiving this notification, the visa office would need to verify that the family members have undergone parallel processing as accompanying family members. Thereafter, they will show this case as ‘approved’. Following this, the visa office would need to issue permanent resident visas to the accompanying family member. However, the visa office would only do this if the medical and background checks are still valid.

The Guidelines for Processing Files for Non-Accompanying Family Members

In case the family members are non-accompanying, the officers would need to:

• Show the case file disposition as ‘withdrawn’
• Insert a note in the Computer Assisted Immigration Processing System (CAIPS) or the Global Case Management System (GCMS) e.g. ‘LC2 family member did not seek permanent residence’ and,
• Inform the Case Processing Centre (CPC) of the examination results

Note:

• The officers would need to ensure that they do not issue permanent resident visas to non-accompanying family members
• The live-in caregiver has the ability to sponsor these family members as members of the family class at a later date
• However, the live-in caregiver would only be able to do this in case the authorities examined these family members at the time the caregiver applied for permanent residence
• In addition, the family members whom the live-in caregiver sponsors at a later date will need to meet all requirements applicable at that time
• Family members will need to complete a medical examination, whether they accompany the applicant or not and whether they live in Canada or abroad

The Guidelines for Finalising Refused Cases

When it comes to finalising refused cases, the visa office would need to:

• Inform the Case Processing Centre (CPC) of the negative results for the accompanying and non-accompanying family members
• Inform the Case Processing Centre (CPC) in case certain family members have not undergone examination within the specified span of time or if the authorities could not locate these family members – refer to the section titled ‘The Guidelines for Contacting the Family Members’ that appears earlier in this document – and,
• Shows the final disposition of its LC 2 file as ‘refused’ for accompanying family members and as ‘withdrawn’ for non-accompanying family members

The Case Processing Centre (CPC), on its part, would need to:

• Inform the applicant about the status of their case
  • In some cases, the Case Processing Centre (CPC) could provide the applicant with additional time for sending a response and,
• Refuse the case
  • In this scenario, the refusal letter sent to the live-in caregiver applicant will state that the authorities have refused both the applicant and all family members

It is worth mentioning that applicants who still have valid status, will receive the necessary information in writing. Such letters would typically state that the authorities will not extend the status and work permit for these applicants. As such, these individuals would need to leave Canada.

Situations could arise where the basis for refusal rests on the fact that the applicant’s spouse or common-law partner or dependent children did not undergo the prescribed medical and background checks. In this scenario, the Case Processing Centre (CPC) would need to verify the application and ensure that:

• The applicant’s spouse, common-law partner or dependent children remained subject to the examination i.e. these individuals were not a separated spouse or child in the custody of the other parent and,
• The visa office did indeed inform the applicant that the family member’s lack of cooperation in undergoing the prescribed medical and background checks could lead to the refusal of the live-in caregiver’s application for permanent residence in Canada (refer to the section titled ‘The Guidelines for Contacting the Family Members’ that appears earlier in this document)
  • In this scenario, the Case Processing Centre (CPC) has the ability to verify that the officers sent reminder letters by reviewing the case notes in the Computer Assisted Immigration Processing System (CAIPS) or the Global Case Management System (GCMS)

Note:

• It is worth highlighting that the visa office does not bear the responsibility for informing family members of the final disposition of the case
• In some cases, the authorities might well find a family member to be inadmissible
• In this scenario, the authorities would not grant permanent resident status to the principal applicant and the family members
• Procedural fairness requires that the applicant be aware of factors that might contribute to a negative decision
• As such, the officers would need to give the applicant sufficient time and the opportunity for providing a suitable response

The Guidelines for Ineligible Family Members

The visa office bears the responsibility for determining whether any listed relatives do not meet the definition of ‘family members’ according to the prescribed regulations. The visa office will also need to determine whether the listed relatives are indeed family members but are not subject to examination. This would typically be the situation in cases of separated spouses or former common-law partners. To accomplish this, the officers would need to:

• Inform the Case Processing Centre (CPC) of their findings
• Instruct the ineligible or separated family members to ignore any previous requests from the visa office to undergo examinations or provide documentation and,
• Close the LC2 file by showing it as ‘withdrawn’ and entering notes in the Computer Assisted Immigration Processing System (CAIPS) or the Global Case Management System (GCMS) stating the reason as to why the authorities found the family member to be ineligible or not subject to examination

On their part, the Case Processing Centre (CPC) would need to:

• Notify the live-in caregiver applicant that the ineligible or separated family member cannot be part of the application and,
• Finalise the processing of the application minus the ineligible individuals

It is not necessary for applicants to delete ineligible family members from the application. In fact, the applicants simply need to receive an opportunity for providing additional evidence that the ineligible family members are indeed eligible from the authorities.

Note:

• The visa office would need to inform the Case Processing Centre (CPC) that a family member is ineligible
• Thereafter, the Case Processing Centre (CPC) would need to contact the applicant, explain the situation and give the applicant an opportunity for either providing additional information within a specified pre-determined time or apply for a refund of the right of permanent residence fee in case the applicant paid the fee for the ineligible family member
• The applicant will not be able to sponsor a separated spouse, former common-law partner or a child in the custody of another person whom the authorities did not examine as a member of the family class
• This is because these individuals typically remain excluded from the family class
• This is in accordance with the provisions specified in R117 (9) (d)