Sponsorship Agreement Holder (SAH) agreement actions
This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.
This page contains guidance on how the Department of Immigration, Refugees and Citizenship Canada (IRCC) will proceed when there are concerns regarding potential or actual compliance issues for a Sponsorship Agreement Holder (SAH) with any of the responsibilities outlined in the Sponsorship Agreement (PDF, 610 KB).
Key messages
Any potential compliance issues or actual breaches of agreement responsibilities may result in Immigration, Refugees and Citizenship Canada (IRCC) imposing Sponsorship Agreement actions. These agreement actions are as follows:
- Check-in Period
- Not in Good Standing
- Sponsorship Agreement Cancellation
Agreement actions may impact future Sponsorship Applications being submitted, Sponsorship Applications already submitted, and Sponsorship Applications where the undertakings have already been approved.
Legal references
IRPA and IRPR
All sponsors, including Sponsorship Agreement Holders (SAHs), Groups of Five and Community Sponsors, are subject to the Immigration and Refugee Protection Act (IRPA) and to the Immigration and Refugee Protection Regulations (IRPR). Refugee sponsorship regulations focus on the requirements for being a sponsor and how to submit a Sponsorship Application.
- Immigration and Refugee protection Act (IRPA):
- 3(2)(f)
- 13, 13(1), 13(2), 16
- 4(1)
- Immigration and Refugee Regulations (IRPR):
- 138 to 158
- 289
Undertaking and Settlement Plan
The responsibilities of sponsors, once the refugee has arrived, are contained in the Sponsorship Undertaking and Settlement Plan, which is a contract that sponsors sign and submit to the Department for each case. By signing the Sponsorship Undertaking and Settlement Plan, the sponsor assumes responsibility for supporting the refugee for the duration of the sponsorship period.
Sponsorship Agreement
Under s. 152 of the IRPR, the Minister may enter into a Sponsorship Agreement with a sponsor for the purpose of facilitating the processing of Sponsorship Applications.
On this page
- Agreement actions
- Agreement actions overview
- Ministerial delegation of authority for Sponsorship Agreements
- Impact on sponsorship caseloads
- Glossary
Agreement actions
The Department of Immigration, Refugees and Citizenship Canada (IRCC) will provide a written notification to the Sponsorship Agreement Holder (SAH) when a Sponsorship Agreement action is initiated. The Sponsorship Agreement sets out 3 agreement actions that the Department may undertake: Check-in Period, Not in Good Standing, and Cancellation.
Check-in Period
- Criteria that would lead to a Check-in Period
- Impact of Check-in Period
- Check-in Period Remedial Measures
- Pathway out of Check-in Period
- Outcome at the end of the Check-in Period
Not in Good Standing
- Criteria that would lead to Not in Good Standing
- Impact of Not in Good Standing
- Not in Good Standing Remedial Measures
- Pathway out of Not in Good Standing
- Outcome at the end of Not in Good Standing
Agreement Cancellation
- Criteria that would lead to an Agreement Cancellation
- Impact of an Agreement Cancellation
- Pathway to reinstatement as a SAH after an Agreement Cancellation
- Reconsideration
Delegation of Authority
- Check-in Period decisions
- Not in Good Standing decisions
- Agreement Cancellation decisions
Agreement actions overview
The Sponsorship Agreement (agreement) sets out 3 agreement actions that the Department of Immigration, Refugees and Citizenship Canada (IRCC) may undertake when the Sponsorship Agreement may have been or has been breached: Check-in Period, Not in Good Standing, and Cancellation. Each action carries different consequences, generally proceeding sequentially. However, the agreement does provide for non-sequential application, that is, moving directly to Not in Good Standing or Cancellation status, in specific circumstances.
Check-in Period
The primary objective of placing a SAH in a Check-in Period is for Immigration, Refugees and Citizenship Canada (IRCC) to work with the Sponsorship Agreement Holder (SAH) to resolve potential compliance issues and/or minor deficiencies. A Check-in Period has no impact on a SAH’s caseload with IRCC, with no penalties or limitations on a SAH’s allocation nor its open cases at Resettlement Operations Division (ROD) or overseas.
There are a number of instances that could initiate a Check-in Period, as outlined below. The issues or deficiencies could demonstrate the need for training through the Refugee Sponsorship Training Program (RSTP) and/or reflect a need for better understanding regarding the Private Sponsorship of Refugees (PSR) Program requirements or agreement responsibilities.
During the Check-in Period, IRCC and the SAH will engage collaboratively to correct the potential compliance issues and/or deficiencies found. The objective is to ensure the SAH has the ability to properly support its caseload and that it will proactively address issues before they become a concern going forward. The Check-in Period will last 1 year or until such time as IRCC is satisfied that the SAH is fulfilling the obligations set out in the Sponsorship Agreement. If the SAH successfully completes the remedial measures requested, it will exit the Check-in Period and return to its regular status under the agreement.
Criteria (non-exhaustive) that would lead to a Check-in Period
- Pre-arrival trends identified, such as concerns with Sponsorship Application submissions during application processing at ROD or by migration offices during interviews
- Case-specific concerns identified through post-arrival monitoring activities, such as a trend of reactively remedying deficiencies and not proactively addressing underlying causes. For example:
- cases with variances of minimum levels of financial and/or settlement support due to a miscalculation, error, or misunderstanding on the part of the SAH
- residency requirements not being met or reported to the Department
- Inconsistent or lack of timely responses to time-sensitive IRCC communication, for example:
- Response to an:
- IRCC Request for Information Letter (RFI)
- IRCC Results of Case Review Letter (RCR)
- IRCC Procedural Fairness Letter (PFL)
- IRCC Residency Requirements Letter (RR)
- Response to any IRCC communications in terms of the Sponsorship Agreement
- Response to an:
Impact (Effective from the date of the agreement status change)
While the SAH remains in good standing in terms of the Sponsorship Agreement status, upon placing a SAH in Check-in, the Department provides written notification to the SAH. This communication outlines area(s) of concern and remedial measures to be undertaken by the SAH to address these concerns, within 1 year or until such time as IRCC is satisfied that the SAH has fulfilled the obligations set in their Sponsorship Agreement.
No penalties or limitations on a SAH’s allocation will be imposed, as the emphasis is on correcting the deficiencies found. New applications can continue to be submitted, and there is no impact on open cases at ROD or overseas.
Remedial measures that IRCC may impose during the Check-in period
- Mandatory general and/or specific RSTP training for SAH representatives and others involved in the SAH’s sponsorships, where applicable, including sharing of best practices
- SAH to develop an internal oversight and monitoring plan to be shared with IRCC
- SAH to review its entire caseload to ensure sufficient settlement and financial capacity
- Open cases overseas at or after the medical assessment stage may be randomly selected for pre-arrival verification to ensure that settlement and financial supports remain in place
- Reactive monitoring and feedback by IRCC on any deficiencies found;
- Post-Arrival Settlement Reports provided to IRCC (report frequency to be determined upon the Sponsorship Agreement action assessment)
- If the SAH is in Risk Management Plans B or C in which Caseload Oversight Reports are required at the time Check-in status begins, those reports will cease to be required as they will be replaced with the Post-Arrival Settlement Reports
- IRCC may request additional documentation or impose other requirements to be satisfied that the SAH is upholding its sponsorship commitments
Pathway out of Check-in Period
Within a 1 year period, if all remedial measures are completed in the first 6 months, and no deficiencies are found over the final 6 months of consecutive reactive monitoring activities.
Outcome at the end of the Check-in period
- SAHs who successfully complete the remedial measures and no further deficiencies found will exit the Check-in Period
- SAHs who are unable or unwilling to complete the remedial measures and/or continued deficiencies were found through reactive monitoring may be placed into either Not in Good Standing status or cancelled
Note: A SAH may request an extension in writing to the 1 year period, which will be considered if there are compelling reasons for the SAH to require additional time to complete the required measures; such requests will be considered at the discretion of IRCC.
Not in Good Standing
There are a number of factors that may lead to a Sponsorship Agreement Holder (SAH) being placed in Not in Good Standing status. For example, a SAH may be moved into Not in Good Standing if the SAH was unable or unwilling to complete remedial measures within the 1 year Check-in Period. There are also a limited number of scenarios where the SAH may be placed directly into Not in Good Standing. Not in Good Standing status will last 1 year or until such time as IRCC is satisfied that the SAH is fulfilling the obligations set out in the Sponsorship Agreement. If the SAH successfully completes the remedial measures requested, it will exit Not in Good Standing status and return to its regular status under the agreement.
Criteria (non-exhaustive) that would lead a SAH being placed into Not in Good Standing either directly, during or at the end of the 1 year Check-in Period
- Remedial measures were not completed as per requirements of their Check-In Period
- Through ongoing monitoring activities, several reported cases of concern and/or serious allegations were identified, and continued non-compliance (where compliance is defined as sponsors meeting program requirements before officer intervention) in providing financial and settlement support to sponsored newcomers were noted
- Sponsorship Withdrawal – If withdrawals for unacceptable reasons are made by a SAH within 1 calendar year, the organization’s Sponsorship Agreement may be placed in Not in Good Standing status or an Agreement Cancellation status
- Sponsorship Default – A sponsorship default may be declared if an IRCC officer has determined that the SAH, its Constituent Group (CG) or Co-sponsor did not fulfill their sponsorship obligations
- When a SAH is declared in default for any individual case, its agreement will be placed in Not in Good Standing status until it ceases to be in default, or the agreement is canceled
Criteria (non-exhaustive) that would lead to a SAH being directly placed into Not in Good Standing (that is, bypassing the Check-in Period)
- Repeated violation(s) of the Sponsorship Agreement that raise(s) concerns about a sponsor’s ability to support their caseload
- Serious allegations are identified (including but not limited to concerns regarding fraud or criminality)
- A violation is identified that is so egregious that it could bring the Department or program into disrepute, such as when a SAH and/or its members are implicated in a criminal investigation or in violations of the Immigration and Refugee Protection Act (IRPA)/Immigration and Refugee Protection Regulations (IRPR) or in violations of the Undertaking signed with IRCC (this could also lead to Cancelation, as outlined below)
- Concerns about governance that require additional review and documentation to determine the legal representative(s) of the organization
- Sponsorship Withdrawal – If withdrawals for unacceptable reasons are made by a SAH within 1 calendar year, the organization’s Sponsorship Agreement may be placed in Not in Good Standing status or in Agreement Cancellation status
- Sponsorship Default - A sponsorship default is declared for any single case, making the sponsoring group ineligible under the IRPR
Under Not in Good Standing status, the SAH’s objective is to satisfy IRCC that they have successfully complied with the remedial measures and are able to meet the obligations under their Sponsorship Agreement.
Impact (Effective from the date of the agreement status change)
- The SAH is expected to support their caseload in Canada unless they advise IRCC that they are no longer able to or IRCC determines that the SAH does not have the capacity to adequately support its cases
- IRCC would determine alternative arrangements for these cases
- No new cases are permitted to be submitted, except for One-Year Window (OYW) sponsorship applications
- Any applications received from the SAH, after the SAH Agreement Action effective date, will be returned to the SAH without assessment
- For open applications at ROD, received prior to the SAH Agreement Action effective date, pending sponsorship eligibility decisions, ROD will request a settlement plan or proof of funds as required, and assess the Sponsorship Applications accordingly
- Sponsorship Applications at ROD where the SAH has been found in default will be refused, per R153(1)(c).
- For all applications that are open and in progress at a Migration Office, where no final decision has been rendered, ROD will conduct a pre-arrival verification to ensure that the sponsor still meets the requirements of the Act by requesting a settlement plan and proof of funds for each application sponsored by the SAH
- For all applications open at the Migration Office where a positive final decision has been rendered but that have not yet landed in Canada, the Migration Office has the discretion to proceed with application finalization or to ask ROD to re-assess the sponsorship
- In instances where the Migration Office requires additional functional guidance, a request can be sent to the Resettlement Policy and Program Branch
Note: There is no option to continue in situations of case default. In such situations, all in-progress cases would need to be reviewed as a SAH in case default status is no longer eligible to sponsor as per the Immigration and Refugee Protection Regulations (IRPR).
Remedial measures that IRCC may impose during the Not in Good Standing Status
- Mandatory general and/or specific RSTP training for SAH representatives and others involved in the SAH’s sponsorship activities
- For any open cases overseas at or after the medical assessment stage, the SAH must submit a settlement plan and demonstrate that 100% of required funds are in place
- Mandatory internal oversight and monitoring plan developed and shared with IRCC
- SAHs to review its entire caseload to ensure sufficient settlement and financial capacity
- Reactive and ongoing routine monitoring and feedback by IRCC on deficiencies found
- Post-Arrival Settlement Reports provided to IRCC (report frequency to be determined upon the Sponsorship Agreement action assessment)
- If the SAH is in Risk Management Plans B or C in which Caseload Oversight Reports are required, those reports will no longer be required as they will be replaced with the Post-Arrival Settlement Reports
- IRCC may request additional documentation or enforce other requirements in order to be satisfied that the SAH is upholding its sponsorship commitments
Pathway back into Good Standing
- Sponsorship default resolved (if applicable)
- Upon the conclusion of investigations into potential violations of the Immigration and Refugee Protection Act (IRPA) or Immigration and Refugee Protection Regulations (IRPR), and once any program-related concerns outlined to the Sponsorship Agreement Holder (SAH) have been fully resolved
- Within 1 year of being placed into Not in Good Standing status, all remedial actions are completed within the first 6 months, and no deficiencies are found over the final 6 consecutive months of reactive monitoring immediately prior to reinstatement
- In order to consider reinstatement of a Sponsorship Agreement that has been placed into Not in Good Standing status, any outstanding remedial measures must be met as outlined in the Sponsorship Agreement
- Reinstatement will occur when the Deputy Head or Deputy Head’s delegate is satisfied that the conditions that gave rise to the Not in Good Standing status are rectified and that the SAH fulfills its responsibilities under its Sponsorship Agreement
- The burden of proof will be on the SAH to satisfy IRCC that the concerns have been addressed
- This may entail the review of the SAH’s ability to fulfill its responsibilities as set in the Sponsorship Agreement and the Immigration and Refugee Protection Act (IRPA) and the Immigration and Refugee Protection Regulations (IRPR), and most recent financial information
Note: A SAH may request an extension in writing to the 1 year period, which will be considered if there are compelling reasons for the SAH to require additional time.
Outcome at the end of the Not in Good Standing period
- SAHs who successfully complete the remedial measures will exit the Not in Good Standing status and be reinstated in ‘Good Standing’ under their original management plan, with a reduced cap space allocation of up to 25 spaces/persons for the first year following their Not in Good Standing status
- SAHs who are unable or unwilling to complete the remedial measures and/or who have had continued deficiencies identified through monitoring activities will be subject to Agreement Cancellation
Agreement Cancellation
An agreement may be cancelled if, following a Not in Good Standing status, Immigration, Refugees and Citizenship Canada (IRCC) determines that a Sponsorship Agreement Holder (SAH) is unable to comply with their Sponsorship Agreement and that, given an additional period of time, a SAH cannot bring itself into compliance with their Sponsorship Agreement, based on its remedial measures, or information obtained during the Not in Good Standing Status.
An agreement may also be cancelled without a Check-in Period or Not in Good Standing status, if the Deputy Head or the Deputy Head's delegate gives written notice that the Minister or the Minister’s delegate is of the opinion that the SAH has committed a violation so egregious that it could bring the Department or Private Sponsorship of Refugees (PSR) Program into disrepute and/or multiple cases have been found to be in sponsorship default.
Criteria (non-exhaustive) that would lead a SAH moving from Not in Good Standing status to an Agreement Cancellation
- After 1 year, actions identified under the Not in Good Standing status are not completed and/or there are continued deficiencies found through monitoring activities
- This may include trends of reactively remedying deficiencies after IRCC intervention and not proactively addressing the underlying causes
- High number of refusals by the Resettlement Operations Division (ROD) for cases where the sponsorship was re-assessed under the Not in Good Standing status
- Any additional case(s) found to be in default during the Not in Good Standing period
Criteria (non-exhaustive) that would lead a SAH moving directly to an Agreement Cancellation
- The violation is so egregious that it could bring the Department or program into disrepute, such as when a SAH and/or its members are implicated in a criminal investigation or in violations of the Immigration and Refugee Protection Act (IRPA)/Immigration and Refugee Protection Regulations (IRPR) or in violations of the Undertaking signed with IRCC
- Multiple cases found to be in sponsorship default
- If 36 months have elapsed since the SAH has had any refugee sponsorship activity (that is, new Sponsorship Applications or refugee arrivals) as per the Sponsorship Agreement
Impact (Effective from the date of the agreement status change)
- The organization is expected to support their caseload in Canada unless they advise IRCC that they are no longer able to or IRCC determines that the SAH does not have the capacity to adequately support its caseload. Immigration, Refugees and Citizenship Canada (IRCC) would determine alternative arrangements for these cases
- Sponsorship Revocation – Sponsorship revocation for any cases that remain in process overseas generally happens when a SAH’s Sponsorship Agreement has been cancelled subject to their stage of processing as per below
Impact of SAH Agreement Cancellation on PSR cases in process
| Application type | Stage of processing | Impact on application | Sponsorship Agreement clause or Immigration and Refugee Protection Regulations | Public policy eligibility Footnote 1 |
|---|---|---|---|---|
| Sponsorship Application | Approval of sponsor pending | Application returned; no PFL issued. | No | |
| Permanent resident (PR) application | Approval of sponsor passed; Approval of refugee eligibility pending | Sponsorship approval revoked if SAH is not able to find new sponsor; PFL issued to applicant to find new sponsor. If unable to find new sponsor, application is refused. |
Sponsorship Agreement: 16.e) Breach Of Responsibilities – Agreement Cancellation (PDF, 610 KB) |
Yes |
| Permanent resident (PR) application | Approval of sponsor passed; Approval of refugee eligibility passed (Approval of PR application pending) | Assessment of whether sponsor is willing and able to continue sponsorship. If yes, application will proceed. If no, sponsorship approval revoked; PFL issued to find new sponsor. |
Sponsorship Agreement: 16.f) Breach Of Responsibilities – Agreement Cancellation (PDF, 610 KB) | Yes, if sponsorship revoked |
| Permanent resident (PR) application | Approval of PR application passed | Application will proceed. If sponsor is not willing and able to continue sponsorship, officer discretion to determine how to best proceed. |
16.f) (as above) (PDF, 610 KB) | Yes, if final decision reversed |
Pathway to be reinstated as a SAH after an Agreement Cancellation
- If an organization whose agreement was cancelled would like to sponsor again as a SAH, the organization will need to re-apply to become a SAH as part of the SAH intake process and must be able to satisfy IRCC that the specific conditions that gave rise to the cancellation of their previous agreement have been rectified
- IRCC will consider the circumstances that led to the cancellation of the agreement, including the SAH’s responses during the Check-in Period and/or Not in Good Standing Status, as part of any new SAH application assessment
Reconsideration for a Cancelled Sponsorship Agreement
- Once the Sponsorship Agreement is cancelled, the SAH may request a reconsideration
- A reconsideration is a discretionary and fact-specific decision
- Usually, it is the decision-maker who makes the decision that needs to decide whether or not they will exercise their discretion to reconsider the decision
- The onus is on the applicant to satisfy the decision maker that a reconsideration is warranted due to a mistake or oversight by the decision-maker, or there is new evidence
- It is only if the decision is to reconsider, that the same decision-maker will have to make a new decision on the merit of the case
- If the reconsideration results in a decision to maintain the cancellation, PFLs will be sent to the applicants advising them of the cancellation, and that unless they find another sponsor, their application will be refused
- In some instances, IRCC may be able to implement facilitative measures to support other sponsors to support those individuals affected by a cancellation
- If the reconsideration results in an immediate decision to rescind the cancellation, the processing of the caseload would resume
Ministerial delegation of authority for Sponsorship Agreements
The authority to enter into a Sponsorship Agreement with a SAH (pursuant to R152) is delegated to the Director of Sponsorship and Horizontal Policy of the Resettlement, Family & Humanitarian Branch (RFHB). The Sponsorship Agreement specifies the actions measures that could be taken.
The Sponsorship Agreement does not distinguish between different levels or the severity of infractions. However, it does provide discretion to the delegated IRCC authority to decide whether to impose an agreement action in the case of a Sponsorship Agreement infraction. The agreement also provides discretion regarding which, if any, remedial actions may be imposed both as a result of the agreement action and when the agreement is reinstated.
Impact on sponsorship caseloads – How Sponsorship Agreement and sponsor status affects applications
This section outlines how a Sponsorship Agreement Holder’s (SAH) status affects their ability to submit new applications as well as the status of their ongoing applications.
Note: All One Year Window applications, regardless of the status of the sponsor or SAH will proceed and the status of the sponsor/SAH will have no bearing on the OYW application.
How Sponsorship Agreement and sponsor status affects normal processing of applications
| Sponsorship type and category | Type of agreement actions and deficiencies | Sponsorship not approved: Applications received prior to agreement action effective date | Sponsorship not approved: Applications received after agreement action effective date | Sponsorship approved but no FIN DEC | Sponsorship approved and FIN DEC positive |
|---|---|---|---|---|---|
| Sponsorship Agreement status changes | Sponsorship Agreement is in Check-in Period | Proceed | Proceed | Proceed | Proceed |
| Sponsorship Agreement status changes | Sponsorship Agreement is Not in Good Standing | Proceed | Settlement plan and proof of funds required by ROD: Assess the sponsorship applications to verify that the sponsor still meets the requirements of the Act for each application sponsored by the SAH. If any concern(s) identified, ROD may refuse for not meeting requirements of R154(1)(a) or (b), and or/any other applicable Regulations. |
Settlement plan and proof of funds required by ROD: Conduct a pre-arrival verification to assess if the sponsor still meets the requirement of the Act for each application sponsored by the SAH. If any concern(s) identified, ROD may revoke (R155) and refuse for not meeting requirements for R154(1)(a) or (b) or/any other applicable Regulations. |
Migration Office discretion |
| Sponsorship Agreement status changes | Sponsorship Agreement is Cancelled | Depends on the Sponsorship Agreement status (Active, Check-In Period or Not in Good Standing) | Refuse: As there is no Sponsorship Agreement with Minister. |
Revoke: Assessment of whether sponsor is willing and able to continue sponsorship. If yes, application will proceed. If no, sponsorship approval revoked: PFL issued to the applicant to find new sponsor as per R139(1)(f). |
Migration Office discretion |
| SAH found in default | SAH in default | Refuse Footnote 3 : ROD renders a decision on the sponsorship, taking into account all requirements and/or applicable Regulations. Typically, Sponsorship applications at ROD will be refused, per R153(1)(c). |
Refuse Footnote 3 : ROD renders a decision on the sponsorship, taking into account all requirements and/or applicable regulations. Typically, Sponsorship applications at ROD will be refused, per R153(1)(c). |
Settlement plan and proof of funds required by ROD: Conduct a pre-arrival verification to assess if the sponsor still meets the requirements of the Act for each application sponsored by the SAH. If any concerns identified, ROD may revoke (R155) and refuse for not meeting requirements for R154(1)(a) or (b), and or/any other applicable Regulations. |
Migration Office discretion Footnote 2 |
| SAH found in default | Co-SPR or constituent group of a SAH is in default | Refuse
|
Refuse |
Settlement plan and proof of funds required by ROD: |
Migration Office discretion Footnote 2 |
Process for requests to add dependent(s) where the SAH is in an Agreement action status or found in default
- Newborn biological children do not require a re-assessment of the sponsorship; the application can proceed according to established procedures to add a newborn biological child
- When adding a dependent other than a newborn biological child (for example, spouse, biological child, adopted child or etc.), the sponsor’s capacity for the new family composition must be re-evaluated
- As such, even if a positive final decision has been entered, the application must be re-assessed by ROC-O
- For more information on procedures for adding a dependent – see the following PDI: Add a dependent – PSR applications
Note: When adding a spouse or adopted child, the application must be reopened and the sponsorship re-evaluated.
Glossary
Add dependent: The addition of a family member to the Principal Applicant’s (PA) application and the Sponsorship Undertaking prior to the visa being issued overseas, typically as a result of birth or marriage.
Agreement: The agreement template negotiated between IRCC and the SAH Community through the NGO Government Committee.
Agreement cancellation: Termination of the private sponsorship relationship between the SAH and IRCC, whether initiated by the SAH or IRCC.
Allocations: The individual number of persons that each SAH can sponsor under the annual Global Cap pertaining to the Private Sponsorship of Refugees (PSR) Program.
Caseload oversight report: A report that Sponsorship Agreement Holders in Risk Management Plans B and C provide to IRCC demonstrating that they have knowledge, oversight and monitoring of their sponsorship caseload, ensuring sufficient engagement post-arrival. Frequency varies by risk management plan and can be impacted by Agreement status.
Check-in period: A period during which IRCC will engage with a SAH to resolve minor deficiencies that have been identified, with no impact on a SAH’s good standing with IRCC and no associated penalties or limitations on a SAH’s allocation nor on its open cases.
Community sponsor (CS): Defined at section 138 “group”(b) of the IRPR.
Constituent group (CG): Groups of individuals or organizations which a SAH can authorize to sponsor refugees under its Sponsorship Agreement.
Co-sponsor: An individual or organization that partners with a SAH to share responsibility for an undertaking.
Deputy head or their delegate: The Deputy Minister of Immigration, Refugees and Citizenship Canada (IRCC) or the Director General of the Resettlement Policy and Program Branch of IRCC or the Director of the Refugee Resettlement Division.
Final decision (FIN DEC): Application has had all relevant decisions made on their application.
Group of five (G5): Defined at section 138 “group”(b) of the IRPR.
Intake: applications that have not yet been received by the Resettlement Operations Division (ROD) and that are submitted after the change in Sponsorship Agreement status.
Judicial review: Is the process by which a court of law reviews an administrative decision to ensure that the process that led to that decision is fair and reasonable, and complies with the rule of law. A party who wishes to avail itself of judicial review with respect to a Migration Officer’s decision must first apply to the Federal Court for leave. Only if the Federal Court grants leave will it proceed with a review of the case on the merits. In a judicial review, parties are not permitted to introduce new evidence. Moreover, the Federal Court cannot substitute its decision for that of the Migration Officer.
Monitoring: Periodic follow-up to check the status and progress of a sponsorship and to verify that responsibilities are being fulfilled.
Not In Good Standing: An Agreement action enforced when a SAH is unable or unwilling to complete the required measures within the 1-year Check-in Period, or directly imposed in the case of serious or repeated Agreement violations and/or case defaults.
One year window of opportunity provision (OYW): A regulatory mechanism that allows non-accompanying family members to submit an application and be eligible to be processed in the same class and category as the PA within 1 year following the PA’s arrival in Canada. All family members must be identified on the PA’s Application for Permanent Residence (APR ) as described in paragraph 141(1) (b) of the IRPR.
Open cases: Cases with approved sponsorship but still pending a decision overseas.
Program integrity framework (PIF): A risk-informed approach to PSR program oversight and monitoring to ensure that private sponsorship groups are meeting program requirements and that sponsored refugees are receiving the supports they are entitled to. Under the PIF, each SAH is subject to an organizational assessment every 5 years as a condition of their Sponsorship Agreement being renewed. These assessments will identify the SAH's operating risk profile (low, moderate, or elevated) and the associated Risk Management Plan they will follow.
Post-arrival settlement report: a report that SAHs are required to provide, primarily if they are in an Agreement action, about the financial and settlement support that is being provided to their active caseload.
Procedural fairness letter: In the context of this Agreement, a letter that offers the option to privately sponsored refugees to find a replacement sponsor when their Application for Permanent Residence is refused as a result of an issue with their sponsor such as a sponsorship withdrawal or SAH Agreement Not in Good Standing or Cancellation.
Program delivery instructions (PDIs):Documents outlining official policy and procedures for citizenship and immigration processing. The primary audience for these documents are IRCC and CBSA employees who deliver citizenship and immigration-related programs.
Reactive monitor: This type of monitoring reviews active sponsorship cases where there are specific concerns related to the organization and/or individual(s) involved in sponsorship.
Refugee or refugee applicant: A person who is a member of the Convention refugees abroad class, the country of asylum class, or the protected temporary residents class (as defined in Part 8, Division 1 of the IRPR).
Refugee sponsorship training program (RSTP): A program funded by IRCC with guidance from the SAH community whose primary goal is to provide training on the private sponsorship of refugees to SAHs, CGs, Co-sponsors, CSs and G5s.
Resettlement Operations Division (ROD): The office responsible for both front end and back end processing activities completed in Canada for the delivery of all refugee resettlement programs and a number of complementary pathways and boutique humanitarian permanent resident public policy programs.
Risk management plan: Sets out documentation requirements at the Sponsorship Application stage, the frequency of pre-arrival verifications and post-arrival monitors, and SAH reporting requirements, and to ensure efforts are focused on organizations assessed to be at an elevated risk.
Settlement plan: A written plan that outlines a SAH’s arrangements and commitments for the reception, care, lodging, settlement assistance and financial assistance of the sponsored refugee(s).
Sponsor: In the context of this Agreement, a sponsor is a SAH or a CG or Co-sponsor acting on behalf of the SAH as defined in section 138 “sponsor” of the IRPR.
Sponsorship Agreement: As per subsection 152 (1) of the IRPR, the Minister may enter into a Sponsorship Agreement with a sponsor for the purpose of facilitating the processing of Sponsorship Applications. The Agreement is signed by the IRCC delegate and the Sponsorship Agreement Holder (SAH).
Sponsorship: The formalization of a SAH taking the responsibility for welcoming and supporting refugees for up to 1 year post-arrival.
Sponsorship Agreement Holder (SAH): A Corporation incorporated under the laws of Canada or any province thereof that signs a Sponsorship Agreement with the Minister of IRCC.
Sponsorship Application: The Sponsorship Application is the package which includes completed sponsorship application forms and Application for Permanent Residence forms (not applicable for BVOR and JAS cases).
Sponsorship default: A sponsorship default is a breach of the contractual obligations of the Sponsorship Undertaking. This means that the sponsor has failed to fulfill a financial and/or non-financial obligation associated with the sponsorship and has been found at fault.
Sponsorship undertaking form: 1 of several forms required as part of the Sponsorship Application package. A written undertaking to the Minister of IRCC to confirm provisions for reception, care, lodging and settlement assistance for a refugee and their family (both accompanying and non-accompanying) in the expected community of settlement. Refer to sections 138 “undertaking” and 140.1 and 140.2 of the IRPR.
Sponsorship revocation: A rescindment of an approved undertaking by IRCC before or after the issuance of a visa as described in section 155 of the IRPR.
Sponsorship withdrawal: A cancellation by a sponsor of a Sponsorship Undertaking before the issuance of a visa.
SPR approved: applications where the sponsorship eligibility decision was taken prior to the change in Sponsorship Agreement status.
SPR approved + eligibility passed at mission: applications where the permanent resident eligibility decision was taken prior to the change in Sponsorship Agreement status.
SPR approved + FIN DEC positive: applications where the final decision was entered on the permanent resident application prior to the change in Sponsorship Agreement status.
SPR not approved: applications which were received at ROD prior to the change in Sponsorship Agreement status but where sponsorship eligibility has not yet been taken.
Violations: Violations refers to any actions or omissions by any member of the SAH that could result in the violation of IRPA, IRPR, or the Undertaking, or that undermines the integrity of the immigration process, including but not limited to fraudulent activities, misrepresentation, counselling misrepresentation, withholding material facts that may induce an error in the administration of the act, or failure to meet program requirements.