Operational Bulletin 369 - January 17, 2012
This section contains policy, procedures and guidance used by Immigration, Refugees and Citizenship Canada staff. It is posted on the Department’s website as a courtesy to stakeholders.
Replacing the Principal Applicant on an Application for Permanent Residence by a Parent or Grandparent sponsored as a member of the Family Class
When the Principal Applicant (PA) on a parent or grandparent application for permanent residence in the Family Class passes away prior to permanent residence being granted and where the sponsor makes a request, the officer may replace the PA with the individual identified on the application as the accompanying spouse or common-law partner in cases where they are also eligible to be sponsored as a member of the Family Class by the sponsor (i.e. not a step-parent or step-grandparent).
The purpose of this Operational Bulletin (OB) is to provide operational guidance to officers when the head of family passes away during the processing of a parent or grandparent application for permanent residence and the sponsor requests that the PA be replaced with the spouse or common-law partner as listed as accompanying on the application.
According to R10(1)(e), when an application is submitted and there is an accompanying spouse or common-law partner, the application shall identify who is the PA and who is the accompanying spouse or common-law partner.
OP 1, Section 7.4, states that either person in a marriage or common-law relationship may elect to be the PA. PA cannot be alternated after the processing of an application begins. If applicants wish to have their spouse or common-law partners considered as the PA, the original application should be closed and a new application, including new processing fees, should be submitted.
Case Processing Centre in Mississauga (CPC-M)
During the processing of the sponsorship application, if CPC-M is notified of the death of the PA, the officer processing the application may replace the PA with the individual identified on the application as the accompanying spouse or common-law partner, as long as they are also eligible to be sponsored as a member of the Family Class by the sponsor. CPC officers will request an updated sponsorship application and IMM 0008; however, no additional fees are required. Additionally, the lock-in date for age of dependent children does not change. It remains the date on which the complete sponsorship application and associated fees were originally received at CPC-M.
Should the visa office be informed of the PA’s death during the processing of the application for permanent residence, the visa officer may replace the PA with the individual identified on the application as the accompanying spouse or common-law partner, as long as they are also eligible to be sponsored as a member of the Family Class by the sponsor. Visa officers will request an updated sponsorship application and IMM 0008; however, there would be no additional fees. Additionally, the lock-in date for age of dependent children does not change. It remains the date on which the complete sponsorship application and associated fees were originally received at CPC-M.
If the spouse or partner is not eligible
If it is determined that the individual identified on the application as the accompanying spouse or common-law partner is not eligible (a step-parent or step-grandparent of the sponsor), officers may consider humanitarian and compassionate factors in assessing the familial relationship between the sponsor and the step-parent, namely, was the step-parent part of the sponsor’s formative years or did the step-parent marry the PA in the past year?
Due to the uniqueness of this situation, Global Case Management System (GCMS) and Computer Assisted Immigration Processing System (CAIPS) instructions are being provided.
At Visa Offices
The officer should withdraw the file, enter notes to indicate that the PA has passed away, that a new file is being created and fees are being reallocated. Then CPC-M is to be notified of the event and that a new sponsorship is required.
For case in CAIPS
All the applications would have been created in the Field Operations Support System (FOSS)/CPC system by CPC-M, and that is the system from which fees must be de-allocated and unreserved before a new file can be created in GCMS.
Officers are to close the CAIPS file with fees shown as refunded. Officers should then contact CPC-M and request that they create a new file in GCMS with the living spouse as main applicant. Fees will be de-allocated from the existing application, and unreserved. The remaining FOSS/CPC Y-document related to the FC4 is given a status of “Transferred to GCMS” once fees are fully unreserved.
After 72 hours the fees will again be available in GCMS, allocate these fees to the new GCMS file. Any refund that the death entitles the sponsor to would be processed on the new application as an overpayment in GCMS after the fees are re-allocated in GCMS.
For cases in GCMS
Officers are to close the GCMS file with fees shown as to be refunded. Officer contacts CPC-M and request fees to be refunded or re-allocated from original GCMS file and create a new file in GCMS with living spouse as PA. Re-allocate fees to new GCMS file. There will be an over payment – refund of extra money should be generated by CPC-M.
There are two GCMS FC4-related scenarios:
- Where the FC4 Sponsorship was processed in FOSS/CPC system by CPC-M and then in GCMS and then sent to Handling Public Monies (HPM).
Fees were collected in FOSS/CPC system, not GCMS. The fees must be de-allocated, unreserved. It will take 72 hours for the transaction to be completed. The original FOSS/CPC system application is coded as “Transferred to GCMS”.
Once the fees are available in GCMS the application is recreated by CPC-M in GCMS and the fees are taken. Once all of this is complete an electronic transfer is undertaken to send the new GCMS file to the mission. Any refunds would be processed through the new GCMS application.
- Where the FC4 sponsorship was processed in GCMS by CPC-M. Fees are processed in GCMS and then sent to HPM. CPC-M will de-allocate the fees, re-create the application, take the fees on the new application and refund on the new application as an overpayment. Once all of this is complete an electronic transfer is undertaken to send the new GCMS file to the mission. Any refunds would be processed through the new GCMS application.
The following operational manual will be updated:
OP 2 – Processing Members of the Family Class
For further information or questions regarding the changes outlined in this OB, contact Operational Management and Coordination at OMC-GOC-Immigration@cic.gc.ca.
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