Temporary public policy to facilitate the sponsorship of specific refugees previously sponsored by a sponsorship agreement holder
This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.
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Context
These instructions provide guidance on assessing applications under the Temporary public policy to facilitate the sponsorship of specific refugees previously sponsored by a sponsorship agreement holder (SAH).
Following the cancellation of a SAH’s sponsorship agreement, refugee applicants sponsored by that SAH who have received a positive sponsorship decision will have 90 days to find a new sponsor.
Key message: This public policy will enable groups of five (G5) and community sponsor (CS) groups to participate in the sponsorship of impacted refugees who may not have a refugee status determination (RSD) document. Applicants can also be sponsored by an alternative SAH. Assessments and processing will otherwise follow existing procedures for processing privately sponsored refugee (PSR) applications.
Start and end date
This public policy takes effect on May 7, 2024, and is valid for 24 months.
Issuing a procedural fairness letter
The Resettlement Operations Centre in Ottawa (ROC-O) will issue a procedural fairness letter (PFL) to applicants who have been issued a positive sponsorship assessment and have no final decision on their application. The letter will inform them that they no longer have a valid sponsorship and provide them with 90 days to find a new sponsor.
Applicants who do not have a positive sponsorship decision will have their application returned.
Requests for extensions
An officer can use their discretion to grant an extension to the 90-day time frame if an applicant requests it and there is a valid reason.
Intake process
Receipt and intake of applications
Unlike existing procedures, new sponsors under this public policy will need to email applications to the ROC-O inbox in accordance with instructions in the procedural fairness letter. Applicants are instructed to label the subject line of the email “PPSAH” and to include their previous application number.
The date of submission will remain the original date of the submission by the SAH, and all ages of dependents continue to be locked in to that same date.
Applications will be reviewed for completeness in accordance with the existing sponsorship assessment procedures for SAH, G5 and CS applications, with the following exceptions:
- Not required: an RSD document
- Not required: the principal applicant’s application for permanent residence and supporting documents
- Only the sponsors’ forms and supporting documents for the new sponsorship group must be submitted.
- If family composition has changed since the original submission date, the applicant should provide required documents for additional family members.
Process to change the sponsor
Upon receipt of a complete application, ROC-O will
- create a new application in the Global Case Management System (GCMS) using the received date of the original application
- send an automated acknowledgement of receipt to the sponsor or sponsors
- transfer any existing application forms or assessments from the original application to the new application
- cross-reference the original application and new application and cancel the original application
- add a note on the newly created application indicating that it is being processed under this public policy
- assess the new sponsorship application and render a sponsorship eligibility decision as per the existing sponsorship eligibility procedures
Overseas processing
If a new sponsorship is approved and the file is transferred overseas, unless there has been a change in circumstances, files should return to the same point of processing at which they were prior to the cancellation of the SAH.
If an RSD is included
This public policy waives the requirement to provide an RSD. If the application includes a valid RSD and is complete, it can be processed under the regular PSR stream using the received date of the original application.
File creation and tracking
Applications under this public policy will be tracked in regular Operational, Planning and Performance Branch inventory reports. To ensure this public policy is appropriately tracked and captured, ROC-O will appropriately tag all files in GCMS.
Eligibility requirements
Delegated officers may grant an exemption from the requirements of the regulations if a foreign national (principal applicant) meets all of the following conditions:
- the applicant was sponsored by an organization whose sponsorship agreement has been cancelled
- the principal applicant has received a procedural fairness letter requesting that the applicant find a new sponsor
- the period provided in the procedural fairness letter (or period of extension if requested) to find a new sponsor has not elapsed
Provision of the regulations for which an exemption may be granted
Paragraph 153(1)(b) – the requirement that, if the sponsor has not entered into a sponsorship agreement with the minister, the sponsorship application includes a document issued by the United Nations High Commissioner for Refugees or a foreign state certifying the status of the foreign national as a refugee under the rules applicable to the United Nations High Commissioner for Refugees or the applicable laws of the foreign state, as the case may be.
Other eligibility and admissibility criteria
Foreign nationals eligible under this public policy and all family members included in the application for protection are subject to all other applicable regulatory and legislative eligibility and admissibility requirements not otherwise exempted by this temporary public policy, including the requirement not to be inadmissible on criminal, security and health grounds.
Making a final decision
Approving an application
To approve an application, officers can follow existing procedures for processing PSR applications.
Refusing an application
If an applicant applies with a new sponsor, but the officer determines that the applicant has not met the eligibility or admissibility requirements, the officer should refuse the application and can refer to the resettlement procedures for refusing an application.
If the applicant does not identify a new sponsor, the officer should refuse the application and can refer to the resettlement procedures for refusing an application.
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