Interpreting Regulations for Sponsors of Parents and Grandparents Under the Canada Immigration and Refugee Protection Regulations (Effective January 1, 2014)

/ / Published in 2014

Interpreting Regulations for Sponsors of Parents and Grandparents Under the Canada Immigration and Refugee Protection Regulations (Effective January 1, 2014)

Operational Bulletin 561 – December 31, 2013

Summary

The Governor in Council approved amendments to the Immigration and Refugee Protection Regulations (IRPR) on December 12, 2013. These amendments primarily deal with the sponsorship of parents and grandparents. They came into effect from January 01, 2014.

Background

Citizenship and Immigration Canada (CIC) issued the fourth set of Ministerial Instructions (MI4) on November 05, 2011. These instructions brought about a temporary pause on new sponsorship applications for parents and grandparents for a period of up to 24 months. During this pause, the CIC focused on building a sustainable and long-term approach for the program. This pause was part of a strategy that aimed at:

  • Achieving the immigration goals set by the Government of Canada
  • Improving the efficiency of the parent and grandparent sponsorship program and,
  • Reducing the backlog and wait times in the parent and grandparent immigrant category

On June 15, 2013, the CIC issued Ministerial Instructions (MI9). These instructions dealt with managing the processing of new applications for sponsoring parents and grandparents as members of the family class.

Issue

This Operational Bulletin informs officers of the new regulatory requirements applicable for sponsors. In particular, it focuses on sponsors for parents and grandparents.

The New Criteria Applicable for Sponsors of Parents and Grandparents

The redesigned program imposes stringent financial requirements on the sponsors of parents and grandparents. The new regulations also increase the duration of the sponsorship undertaking. These financial requirements serve to:

  • Make the program financially viable
  • Evaluate the financial stability of the sponsor more robustly and,
  • Assess whether the sponsor would be able to meet the needs of:
    • Their family members and,
    • The sponsored individuals

The regulatory changes (Appendix A) made to the sponsorship criteria include:

  • An extended undertaking period for parents, grandparents and accompanying dependents for 20 years (R132(1)(b)(iv))
  • An increased Minimum Necessary Income (MNI) that amounts to the annual MNI plus 30 percent of the annual MNI i.e. Increased MNI = Annual MNI + 30 percent of Annual MNI (R133(1)(j)(i)(B))
  • Accepting documents only issued by the Canada Revenue Agency (CRA) as evidence of income (R134(1.1)(a))
  • A two-year increase in the period for showing the ability to meet the MNI from the existing duration of one year (R134(1.1)(a))

The Practical Implications of the New Regulations for Sponsors

Under the new regulations, prospective sponsors must demonstrate their eligibility to sponsor parents or grandparents by meeting certain requirements. These include:

  • Providing undertakings to sponsor a parent or a grandparent for a duration of 20 years
  • Providing evidence of income only via documents issued by the CRA
  • Showing an income that is equal to or greater than the annual MNI plus 30 percent of the annual MNI for three successive taxations years preceding the date of the application (including the co-signer’s income, if applicable)
  • Submitting a Notice of Assessment (NOA) or an Option C printout issued by the CRA to verify their income for each of the three successive years preceding the date of the application (including the co-signer’s income, if applicable)
  • Calculating the sponsor’s income by adding the co-signer’s income (if applicable) and deducting money earned from:
    • Social assistance
    • Provincial allowances
    • Resettlement assistance programs run by the Government of Canada
    • Benefits under the Employment Insurance Act (except special benefits)
    • Monthly guaranteed income supplements under the Old Age Security Act
    • Canada child tax benefits under the Income Tax Act

Additional Authority Provided by the New Regulations to Officers

The IRPR (Subsection 134(2)) enables officers to request all sponsors to provide updated evidence of income. This applies to sponsors who submit sponsorship applications in situations where:

  •  More than 12 months have elapsed since the date of receipt of the sponsorship application or,
  • The officer receives information that the sponsor would not be able to meet the obligations of the sponsorship undertaking 

This ensures that sponsors continue to meet the income thresholds specified for their family size. Moreover, this authority applies to all sponsors under the family class where an MNI applies.

Instructions Prescribed by OB 561

OB 561 marks the end of the temporary pause on the acceptance of new applications for the sponsorship of parents and grandparents. The redesigned program commences from January 02, 2014. It also specifies the acceptance for processing of a maximum of 5,000 new and complete applications for processing each year. Thus, the cap year will commence on January 02, 2014 and conclude on January 01, 2015.

The Case Processing Centre in Mississauga (CPC-M) will only process new applications received on or after January 02, 2014. It will assess each new application against the new regulatory requirements. Additionally, sponsors must complete the applications according to the application kit requirements. The CPC-M would only include these applications within the annual cap of 5,000 applications.

To ensure the fair counting of applications, the CPC-M will:

  • Consider applications for parents and grandparents based on the date of receipt of the applications i.e. on a “First In First Out” basis
  • Only accept individually-packaged applications, delivered to the CPC-M by mail or courier exclusively
  • Refuse to accept applications submitted in bulk
  • Process applications received on the same date according to routine office procedures

Furthermore, the CPC-M will:

  • Review applications for completeness according to the IRPR (Section 10) (including the requirements mentioned in the application kit at the time the application is received)
  • Inform the sponsor that their application was not accepted and avoid levying the processing fees
  • Review re-submitted applications based on the date of re-submission (for returned applications)

The CPC-M would not retain any applications it does not process. Hence, it would return applications to the sponsor (and notify them via a letter) if:

  • The application is incomplete
  • The application was received at the CPC-M before January 02, 2014 or,
  • The maximum annual cap of 5,000 applications has been achieved 

Note:

  • The CPC-M would evaluate all family class applications received before the enforcement of the temporary pause according to the regulatory requirements prior to January 01, 2014
  • These would include applications residing at:
    • The CPC-M
    • Various visa offices and,
    • The Case Processing Pilot Office in Ottawa (CPP-O)
  • Sponsors who receive returned applications as the CPC-M received their applications after achieving the 5,000 annual cap, could submit a new application on or after January 02 of the following year
  • Credit cards used for making payments must be valid for at least nine months from the date of submission of the application
  • Applications deemed as being incomplete will not be a part of the 5,000 annual application cap

Instructions for the Payment of Fees

The CIC only accepts fees paid via:

  • Certified Cheque to the Receiver General for Canada or,
  • Credit Cards

The CIC would not accept any other payment modes like money orders, online payments etc. It would return applications to the sponsors in this case. The CIC also requires that sponsors:

  • Complete the Fee Payment Form (IMM 5770) and include it as part of the application
  • Cover the processing fees for the principal applicant and all dependents included in the application when paying via credit cards or certified cheques
  • Pay the Right of Permanent Resident Fee at a later date and not at the time of submitting the application

If the amount authorised on the Fee Payment Form exceeds the processing fees due for all applicants, the CIC would:

  • Consider the application as complete and,
  • Deduct only the processing fees due

However, if the amount on the Fee Payment Form is insufficient, the CIC would return the application, deeming it as being incomplete.

Processing Priority Sequence for Sponsorship Applications

The CIC would process applications on a “First In First Out” (FIFO) basis. Therefore, the order of precedence for applications would be:

  • Applications that comprise the existing inventory of sponsorship applications followed by,
  • New applications submitted on or after January 02, 2014.

 Source: CIC