Re-issuance of Exemption Policy for Excluded Family Members (IRPR 117(9)(d) and 125(1)(d))

Validated finding · five-country-2010-20260922-v118-evidence-presentation-fix

CountryCanada

Operative dateSeptember 9, 2021

CategoryFamily

Policy toolEligibility

Policy effect

IRCC re-issued a temporary public policy exempting sponsored family members from the lifetime bar regarding non-disclosure or non-examination during the sponsor's initial permanent residence application.

Official source excerpt

Quoted verbatim from the official source below. Ellipses indicate omitted text.

… challenges that has affected analysis of the public policy. Consequently, to allow for continued facilitation of these cases and further monitoring it is necessary to put in place a subsequent public policy that will come into effect when the original policy expires. ## Public Policy Considerations A subsequent public policy with the same eligibility criteria will allow the Department to continue to facilitate the immigration into Canada of certain foreign nationals applying in the Family Class or the Spouse or Common-Law Partner in Canada class and whose sponsor applied for, and obtained permanent resident status as a Convention refugee or a person in similar circumstances, as a protected person or who were sponsored as a spouse, a common-law partner, a conjugal partner or a dependent child. These foreign nationals, if they comply with the below specified conditions, will be exempted from paragraph 117(9)(d) or 125(1)(d) of the Regulations. These foreign nationals are the most vulnerable populations impacted by the sponsorship bar, and to continue granting them an exemption represents a minimal risk to program integrity. The low program integrity risk in this case is due to the fact … As such, I hereby establish that, pursuant to my authority under section 25.2 of the Act, there are public policy considerations that justify continuation of the granting of an exemption from the application of paragraph 117(9)(d) or 125(1)(d) of the Regulations to foreign nationals who meet the conditions (eligibility requirements) listed below. ## Conditions (Eligibility Requirements) Based on public policy considerations, delegated officers may grant an exemption from the requirements of the provisions of the Regulations listed below to a foreign national who meets all of the following conditions (eligibility requirements): - The foreign national has applied as a spouse or a common-law partner in the Spouse or Common-Law Partner in Canada class or as a spouse, a common-law partner, a conjugal partner or a dependent child in the Family Class; - The foreign national has a sponsor who applied for and was granted permanent residence status: 1. As a Convention refugee or a person in similar circumstances; or, 2. After having been determined to be a protected person; or, 3. As a sponsored spouse, common-law partner, conjugal partner, or dependent child as a member or the Family Class … the foreign national was a non-accompanying family member of the sponsor and was not examined. **All admissibility provisions and other eligibility requirements** not exempted above are applicable. **Fees:** Where applicable, the standard fees for processing applications in the Family Class or the Spouse or Common-law Partner in Canada Class must be paid. **For applicants whose sponsor resides in the province of Quebec,** the requirement to have a sponsor who has given a sponsorship undertaking to the Government of Quebec continues to apply. **Start Date and End Date**: This public policy takes … effect on September 9, 2021, the expiration date of *Public Policy to Facilitate the Immigration of Certain Sponsored Foreign Nationals Excluded under Paragraph 117(9)(d) or 125(1)(d) of the Immigration and Refugee Protection Regulations,* and ends on September 9, 2023. Applications where a final decision has not been made before September 9, 2021 will be processed under this public policy. As with all public policies, this public policy may be cancelled at any time. Marco Mendicino Minister of Citizenship and Immigration Dated at Ottawa, August 14, 2021 ## Page details 2023-09-15 ## About this …

Government of CanadaCanada.ca. Re-issuance of Exemption Policy for Excluded Family Members (IRPR 117(9)(d) and 125(1)(d)). Effective 2021-09-09.Open official source

Retrieved from https://www.canada.ca/en/immigration-refugees-citizenship/corporate/mandate/policies-operational-instructions-agreements/excluded-2021.html

Review method

Two separate automated exact-claim source reviews

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Re-issuance of Exemption Policy for Excluded Family Members (IRPR 117(9)(d) and 125(1)(d))

Policy effect

Official source excerpt

Review method

Other Canada changes operative in 2021