Temporary public policy to further facilitate permanent residence to certain foreign nationals affected by the conflict in Sudan with family in Canada – Post February 25, 2025
This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.
These instructions apply only to applications received on February 25, 2025, or after. For applications received under the previous temporary public policy please consult Temporary public policy to facilitate permanent residence to certain foreign nationals affected by the conflict in Sudan with family in Canada.
On this page
- Context
- Intake process
- Assessing cases: Eligibility
- Assessing cases: Admissibility
- Changes in family composition (add-on)
- Making a final decision
- Transportation loan
Context
These instructions provide guidance on assessing applications under the Updated temporary public policy to further facilitate permanent residence to certain foreign nationals affected by the conflict in Sudan with family in Canada.
Start and end date
This public policy takes effect on February 16, 2025, and ends on February 16, 2026.
Under this temporary public policy, IRCC has committed to accept the number of applications set out below for processing:
For group 1 – Up to 1,200 complete applications plus the remaining spaces from group 3
For group 2 – Principal applicants who had an application returned in excess of the cap under the previous public policy. Eligible applicants will receive an invitation to apply (ITA) and will need to apply by April 17, 2025.
For group 3 – A maximum of 500 complete applications for principal applicants whose anchor resides in the province of Quebec and who apply by April 17, 2025.
Only applications identified as complete and accepted for processing will be counted toward the application caps.
The intake office is to stop the intake of applications once the cap is reached and return all excess applications.
Intake process
Applications made under the temporary public policy must be submitted via the Permanent Residence Portal on the IRCC website.
Applicants who are unable to use the portal may apply using an alternative format upon request.
The portal remained open for at least 60 days (until April 17) to allow applicants under group 2 and group 3 to apply. The Resettlement Operations Division (ROD) will start to review applications received for completeness starting with group 3, until they reach the cap of 500 applications (or until the 60 days has expired). Once all applications with an anchor in Quebec (group 3) submitted before April 17, 2025 have been identified and counted towards the 500 cap, any unused spaces should be re-allocated to group 1. If an application has an anchor in Quebec and also qualified under group 2 and submitted an application by April 17, the space should be counted under group 2 as the group 2 is uncapped.
After, ROD will start looking at applications received under group 2 (applications returned in excess of the Cap under the previous public policy). It is not mandatory for an applicant to submit the invitation to apply (ITA) letter with their application to be considered under group 2.
All applications received that do not match criteria outlined for groups 2 and 3 should be reviewed based on the earliest received date and will count towards the cap for group 1.
Application date
The application is considered to be received on the day that it is submitted in the portal.
Applications received by mail (alternative format)
All complete applications received by mail up to the day it is determined that the cap is reached will be accepted into processing.
Multiple applications
If an applicant already has an active application in the Global Case Management System (GCMS) under another permanent residence category, both applications can continue to be processed. The applicant may choose which application to pursue by informing the processing office. If the applicant does not communicate their preference, IRCC should prioritize the application that is closest to finalization.
If the application has not already been withdrawn or finalized, it will need to be withdrawn once the application under this public policy has been approved. A withdrawal request should be sent to the office responsible for the other application.
Application accepted for processing
For an application to be considered accepted for processing, applicants are required to submit their application online or through an approved alternate format, including all mandatory forms, information and processing fees. The minimum requirement for intake and promotion are as follows:
For the principal applicant
- the Generic Application Form for Canada [IMM 0008E] fully completed and signed by the principal applicant
- the Schedule A – Background / Declaration form [IMM 5669] fully completed by the principal applicant and all family members 18 years of age or older, whether accompanying or not
- A letter of explanation is required if this document cannot be provided for a non-accompanying family member.
- the Additional Family Information form [IMM 5406] fully completed by the principal applicant and all family members 18 years of age or older, whether accompanying or not
- A letter of explanation is required if this document cannot be provided for a non-accompanying family member.
- the Schedule 1 form [IMM 0207] fully completed and signed by the principal applicant
- the Details of Military Service form [IMM 5546] fully completed by the principal applicant and all family members 18 years of age or older, whether accompanying or not
- photocopies of all pages of the principal applicant’s passport, travel document, identity documents or statutory declaration (per paragraph R178(1)(b)), as well as those of all accompanying family members
- proof of residence in Sudan on April 15, 2023, for the principal applicant
- proof of relationship between principal applicant and family members (if applicable)
- proof of relationship between principal applicant and the anchor (birth certificate, marriage certificate)
- 1 photo for principal applicant and for each family member
- processing fees
In-Canada applicants only
- All requirements mentioned above
- Proof of temporary resident status in Canada for the principal applicant and accompanying family members
For the anchor
- a completed and signed statutory declaration [IMM 0208]
- proof of Canadian citizenship or permanent resident status
- proof of residence in Canada (acceptable territorial or provincial government-issued ID)
- proof of income or proof of funds
Incomplete applications
If the minimum requirements for intake and promotion are not met, the application is to be returned via the portal. Applications should not be returned as incomplete if documents other than the minimum requirements for intake and promotion are missing. The officer should reach out to the applicant and request the missing documents.
Fees
Applicants are required to pay the application processing fee using the online payment tool.
Applicants are exempt from paying the following fees:
- biometrics fee
- right of permanent residence fee (RPRF)
Processing fees are the following:
| Application type | Processing fees (per person) |
|---|---|
| Principal applicant | $635 |
| Spouse or common-law partner | $635 |
| Dependent child | $175 |
Applications that do not include a proof of payment should be returned as incomplete.
Assessing cases: Eligibility
Who can apply (requirement for all groups)
Principal applicant in Canada who
- has valid temporary resident status in Canada
- is physically present in Canada when the application is made and when permanent residence is granted
Principal applicant outside Canada who meets all of the following criteria
- is outside of Canada at the time of application
- was residing in Sudan on April 15, 2023
- is a person in respect of whom there is no reasonable prospect, within a reasonable period, of a durable solution in a country other than Canada or Sudan
- intends to reside in a province or territory other than the province of Quebec
- has identified
- an anchor who meets the requirements
- in the case of an anchor whose spouse or common-law partner intends for their income to be included to meet the financial requirement described under option A or C of Annex C, an anchor and their spouse or common-law partner who both meet the requirements
- meets 1 of the following requirements:
- Option A: is the child (regardless of age), grandchild, parent, grandparent, or sibling of the anchor
- Option B: is the spouse or common-law partner of a foreign national described in option A who meets 1 of the following requirements:
- is unable to leave Sudan
- is missing, presumed dead or deceased, provided they have not since become the spouse or common-law partner of another person
- has provided a statutory declaration from the anchor, and the anchor’s spouse or common-law partner in the case where the spouse or common-law partner intends for their income to be included to meet the financial requirement described under option A, B or C, which has not subsequently been withdrawn, in which they attest that
- they have the intention to provide the support set out in Annex B of the public policy for the foreign national and their accompanying family members as defined in subsection 1(3) of the Immigration and Refugee Protection Regulations (IRPR)
- they have not accepted, and understand they are not to accept, any financial compensation from the foreign national and their accompanying family members
- holds a document enumerated at subsection R50(1) or if they are unable to obtain a document enumerated at subsection R50(1), provide a document described in subsections R178(1) and R178(2)
- not be inadmissible to Canada, other than for financial reasons
Group 2: specific requirements
Under group 2, the principal applicant must meet all requirements listed above in the ‘who can apply’ section in addition to the requirements below:
- Has received an invitation to apply (ITA) from IRCC under this public policy (Updated temporary public policy to further facilitate permanent residence to certain foreign nationals affected by the conflict in Sudan with family in Canada)
- Has submitted an application under this public policy within 60 days of it coming into effect
If the principal applicant does not submit their application within 60 days, then their application will not be considered under group 2 and will be processed under group 1 according to FIFO and remaining cap space.
There is no cap for group 2, meaning that if the principal applicant received an ITA and submitted a complete application within 60 days, IRCC must put the file into processing.
Group 3: specific requirements
To be considered under group 3 of this public policy, the principal applicant must meet all requirements listed under section ‘who can apply’ above as well as the following requirements:
- Has identified an anchor who resides in the province of Quebec
- Has submitted an application under this public policy within 60 days of it coming into effect
If the principal applicant does not submit their application within 60 days, their application will not be considered under group 2 and will be processed under group 1 according to remaining cap space.
Requirement for applicants who have been residing in Sudan on April 15, 2023
To be eligible for this public policy, the principal applicant must satisfy the officer that they were residing in Sudan on April 15, 2023, or if principal applicant was not physically present in Sudan on April 15, 2023, that their habitual residence was in Sudan.
Note: This requirement does not apply to family members.
Officers are to verify the principal applicant’s declaration on Schedule A – Background/Declaration [IMM5669] and Schedule 1 [IMM0207] and all available information.
Officers can request proof of residency. This may include, but is not limited to
- a copy of all passport pages for exit/entry stamps verification
- bank statements showing transactions in Sudan around April 15, 2023
- United Nations Refugee Agency (UNHCR) or other refugee registration documents
The officer must also consider all other available information, which may include, but is not limited to
- all information in GCMS, including information-sharing details
- open-source information
- best efforts: documentation of any attempts made to obtain proof of residence
Due to their circumstances of displacement, non-Sudanese applicants may not have access to documentation normally required for proof of residency in Sudan.
Officers should balance the need to be satisfied that the principal applicant was residing in Sudan with the fact that documentation available may be limited or unavailable.
Requirement for applicants to have no durable solution
To be eligible under this public policy, the principal applicant must satisfy the officer that there is no reasonable prospect, within a reasonable period of time, of a durable solution.
Durable solutions include:
- Voluntary repatriation
- Voluntary repatriation occurs when displaced persons voluntarily return to their country of nationality or habitual residence
- For voluntary repatriation to be possible, the situation in the country of origin must have changed in a lasting and meaningful way that enables the displaced persons to return safely
- Local integration
- Local integration allows the displaced persons to live permanently in safety and dignity in the country of refuge and partake of its enduring legal, economic and social benefits
- Resettlement in a country other than Canada or Sudan
- This option is that an offer of resettlement to a country (other than Canada) is, in most cases, a durable solution
Officers are to verify the principal applicant’s declaration on Schedule 1 and all available information.
More guidance on durable solution can be found here: Another durable solution apart from resettlement to Canada.
Requirement for applicants to reside outside the province of Quebec
While the public policy allows anchors to reside in the province of Quebec, applicants and their family members must not have the intention to reside in Quebec.
Relationship to Canadian citizen or permanent resident (anchor)
The principal applicant must provide a statutory declaration [IMM 0208] from the anchor that attests to their relationship and confirms the anchor’s intention to provide support.
The principal applicant must be in 1 of the following relationships with the anchor:
- child of any age
- grandchild
- parent
- grandparent
- sibling (including half sibling)
or
- be the spouse or common-law partner of foreign nationals affected by the conflict in Sudan who has family in Canada and is unable to leave Sudan, missing, presumed dead or deceased
Principal applicants must also provide documentary evidence that confirms their relationship to the anchor. This may include, but is not limited to
- birth certificate(s)
- marriage certificate
- death certificate
- affidavits
Scenarios (for example only)
Scenario 1: Principal applicant is the child of the anchor
The principal applicant could provide their birth certificate showing the anchor as parent.
Scenario 2: Principal applicant is the grandchild of the anchor
The principal applicant could provide their birth certificate and their parent’s birth certificate showing the anchor as the parent.
Scenario 3: Principal applicant is the sibling of the anchor
The principal applicant could provide their birth certificate and the anchor’s birth certificate. At least 1 parent would need to be the same on both certificates.
Scenario 4: Principal applicant is the spouse of the deceased child of the anchor
The principal applicant could provide a marriage certificate to confirm their relationship with their spouse and a death certificate (if available) and birth certificate for their deceased spouse to show relationship to the anchor (child).
Identity documents
Applicants who do not hold a passport or a travel document described in paragraphs R50(1)(a) to (h) may submit with their application the following documents described in subsection R178(1):
- identity documents issued outside Canada
- where there is a reasonable and objectively verifiable explanation related to country conditions for the applicant’s inability to obtain the identity documents referred to in subsection R178(1), a statutory declaration made by the applicant attesting to their identity, accompanied by
- the statutory declaration of a person who knew the applicant, a family member of the applicant or the applicant’s father, mother, brother, sister, grandfather or grandmother, attesting to the applicant’s identity
- the statutory declaration of an official of an organization representing nationals of the applicant’s country of nationality or former habitual residence attesting to the applicant’s identity
Subsection R178(2) requires
- that an identity document accepted pursuant to paragraph R178(1)(a) be genuine, identify the applicant and be credible evidence of that identity
- that the information in statutory declarations accepted pursuant to paragraph R178(1)(b) be credible evidence of identity and consistent with any information previously provided
Proof of relationship
The onus remains on the principal applicant to satisfy the officer on a balance of probabilities that their family members meet the definition of subsection R1(3). However, due to the current situation in Sudan and the likelihood that applicants have fled Sudan with little documentation, officers are encouraged to be flexible in their assessment. In cases where principal applicants are unable to obtain official records as evidence of the familial relationship, officers may consider accepting alternate sources of information provided by principal applicants, including affidavits. Officers may also review immigration history in GCMS or a previous application (if applicable) to verify if applicants were listed as family members. Officers may also conduct an interview if the credibility of the principal applicant is a concern. Ultimately, it is at the discretion of the officer, who must be satisfied that the definition has been met before continuing to process the application.
Conditions applicable to family members
The principal applicant must list all family members living inside and outside Canada on their application for permanent residence, whether accompanying or not. They may, however, choose which family members they want to include in their application as accompanying.
The principal applicant must meet 1 of the following criteria:
- be outside Canada when the application is submitted (Accompanying family members residing outside Canada only)
- be in Canada and have a valid temporary resident status (Accompanying family members residing in Canada only)
The principal applicant must also meet all of the following requirements:
- meet the legal definition of a family member (subsection R1(3))
- be included as an accompanying family member in an application for permanent residence by a principal applicant who meets the requirements of this public policy
- not be inadmissible pursuant to the IRPA and IRPR, other than for financial reasons (section A39)
- intends to reside in a province or territory other than the province of Quebec
Exceptional cases
Humanitarian and compassionate (H&C) grounds cannot be used to overcome a eligibility requirement of a public policy. Delegated officers continue to have discretion to grant exemptions from the IRPA or the IRPR as per delegation authority under paragraph A25(1), if requested by the applicant or on the officer’s own initiative.
For more guidance on H&C, consult: Humanitarian and compassionate consideration.
Exemptions
Under this public policy, the eligible foreign national may be exempted from the following requirements:
Principal applicant outside of Canada
- Paragraph A16(2)(b) – the requirement to submit to a medical exam – only as it applies to a foreign national who is a non-accompanying family member, when processing the principal applicant’s permanent residence application pursuant to this public policy
- Section A39 – inadmissibility for financial reasons
- Paragraph A50(1) – the requirement to hold a passport or travel document
Eligible family members outside of Canada
- Section A39 – inadmissibility for financial reasons
- Paragraph A50(1) – the requirement to hold a passport or travel document
Eligible family members in Canada
- Section A39 – inadmissibility for financial reasons
Foreign nationals and their family members eligible under this public policy are subject to all other applicable statutory eligibility and admissibility requirements not otherwise exempted.
Anchor assessment
To be eligible, an anchor must meet the following conditions:
- Be a Canadian citizen or permanent resident who is 18 years of age or older.
- Reside in Canada
- Meet the financial requirement as described under Option A, B or C of Annex C.
- Not be subject to a removal order.
- Not be detained in any penitentiary, jail, reformatory or prison.
- Not have been convicted in Canada of the offence of murder or an offence set out in Schedule I or II to the Corrections and Conditional Release Act, regardless of whether it was prosecuted by indictment, if a period of 5 years has not elapsed since the completion of the person’s sentence
- Not have been convicted of an offence outside Canada that, if committed in Canada, would constitute an offence referred to in condition 6, if a period of 5 years has not elapsed since the completion of the person's sentence imposed under a foreign law
- Not be in default of any sponsorship undertaking or any support payment obligations ordered by or registered with a court.
- Not be in default in respect of the repayment of any debt referred to in subsection A145(1) payable to His Majesty in right of Canada.
- Not be an undischarged bankrupt under the Bankruptcy and Insolvency Act
- Not be in receipt of social assistance for a reason other than disability.
- Not have accepted, and understand they are not to accept, any financial compensation from the foreign national and their accompanying family members
Exception
Condition 6: An application may not be refused on the basis of a conviction in respect of which a pardon (record suspension) has been granted and has not ceased to have effect or been revoked under the Criminal Records Act or in respect of which there has been a final determination of an acquittal.
Proof required from the anchor
Acceptable proof of permanent residence is a photocopy of
- a permanent resident card (PR card)
- a confirmation of permanent residence (COPR)
- a record of landing [IMM 1000]
Acceptable proof of Canadian citizenship is a photocopy of 1 of the following:
- a Canadian citizenship certificate or card (both sides of the card)
- a Canadian birth certificate issued by the relevant provincial or territorial authority
- the bio-data page of a Canadian passport
Residency of the anchor
The principal applicant must provide a statutory declaration from the anchor that attests residency in Canada.
Applicant must provide documentary evidence to confirm that the anchor is residing in Canada. Acceptable proof of residence can be 1 of the following:
- driver’s licence
- health card
- any document issued by the Canadian government or provincial/territorial authority which demonstrates province or territory of residence
Financial requirements of the anchor
The anchor has the option to demonstrate they have the financial means to support the applicant and their family members by either meeting minimum necessary income (MNI), minimum necessary funds (MNF) or a combination of income and funds.
For the purpose of calculating the financial capacity only, non-accompanying family members of the principal applicant should not be counted in the family size calculation. If an anchor is unable to meet financial requirements on their own, they may include information on the financial resources of their spouse or common-law partner provided that person co-signs the statutory declaration, where applicable.
Persons counted in the family size
Family size includes
- the anchor
- the anchor’s spouse or common-law partner
- the anchor’s dependent children
- their dependent children, if they have any
- the anchor’s spouse’s or common-law partner’s dependent children
- their dependent children, if they have any
- any other person that the anchor and the co-anchor (if they have one) sponsored or co-signed in the past, for whom they are still financially responsible (for example, sponsored refugees), and their family members (whether or not they were included in the undertaking)
- any other person for whom the anchor and the co-anchor (if they have one) have submitted a statutory declaration to support them under this public policy, not listed in this statutory declaration, that application is in processing or approved
- the principal applicant (foreign national)
- the principal applicant’s spouse or common-law partner (if accompanying the principal applicant to Canada)
- the dependent children of the principal applicant and principal applicant’s spouse or common-law partner and
- their dependent children, if they have any (if accompanying the principal applicant to Canada)
- any other person for whom the anchor and the co-anchor (if they have one) has submitted a statutory declaration to support them under this public policy
- anchors must include in their family size all foreign nationals (principal applicants) and their accompanying family members for whom they have submitted a statutory declaration under this public policy
Option A: Minimum necessary income
The minimum necessary income (MNI) is based on Statistics Canada's low income cut-off, which is the minimum amount of income, before taxes, that a person makes in a year that is necessary to support a group of persons.
The officer assesses whether or not the anchor has a total income that is equal to or greater than the MNI that sponsors and a co-anchor (where applicable) must meet to satisfy IRCC that they are able to provide the basic requirements, for example, food, clothing and shelter for themselves, the person(s) being supported and any other person(s) for whom they are responsible.
Calculation of income
The anchor’s total income shall be calculated in accordance with the following rules:
- The anchor’s income shall be calculated on the basis of the income earned as reported in the notices of assessment or an equivalent document, issued by the Minister of National Revenue in respect of the taxation year immediately preceding the date of filing of the permanent resident application
- The anchor’s income is the income earned as reported in the documents referred to in paragraph (a), not including:
- any provincial allowance received by the anchor for a program of instruction or training
- any social assistance received by the anchor from a province
- any financial assistance received by the anchor from the Government of Canada under a resettlement assistance program
- any amounts paid to the anchor under the Employment Insurance Act, other than special benefits
- any monthly guaranteed income supplement paid to the anchor under the Old Age Security Act
- any Canada child benefit paid to the anchor under the Income Tax Act
- if the anchor’s spouse or common-law partner has submitted a statutory declaration to support foreign national(s) under this public policy, their income, as calculated in accordance with paragraphs (a) and (b), with any modifications that the circumstances require, shall be included in the calculation of the anchor’s income.
The MNI, identified in the table below, takes into consideration both the anchor’s and the principal applicant’s family size. To prove they meet the requirement, the anchor must submit their most recent Notice of Assessment or equivalent document. The anchor’s spouse or common-law partner may submit a separate statutory declaration in order for their income to count as well.
| Total number of persons in family size | Total income required |
|---|---|
| 2 persons | $36,576 |
| 3 persons | $44,966 |
| 4 persons | $54,594 |
| 5 persons | $61,920 |
| 6 persons | $69,834 |
| 7 persons | $77,750 |
| If more than 7 persons, for each additional person, add: | $7,916 |
The anchor must prove that their annual income is at least equal to the MNI to support the group of persons consisting of
- the anchor and their immediate family members, whether they are living with them or not
- the principal applicant and their accompanying family members
- every other person the anchor has sponsored or co-sponsored in the past and their family members, where an undertaking is still in effect or is not yet in effect
- every person not included above for whom the spouse or common-law partner has given or co-signed an undertaking that is still in effect or is not yet in effect, if the spouse or common-law partner is co-signing the statutory declaration
- any other person for whom the anchor and the co-anchor, if applicable, has submitted a statutory declaration to support them under this public policy, not listed in the statutory declaration, that is in processing or approved
If the anchor declared bankruptcy and is required to meet settlement arrangements, income earned during the period of bankruptcy cannot be considered.
Available income: The officer may request additional information and documentation if they are not satisfied that the anchor provided sufficient evidence to sustain their income calculation.
The anchor’s available income is the amount of money the anchor has earned in respect of the taxation year immediately preceding the date of filing of the permanent resident application, excluding any allowance or benefit.
To calculate the available income, the anchor must provide their Canada Revenue Agency Notice of Assessment.
The anchor’s spouse or common-law partner will also have to obtain a Notice of Assessment if they are co-signing the statutory declaration.
If the anchor is unable to obtain and produce a Notice of Assessment or if their income reported in this document is less than the MNI, the officer will ask the anchor to provide documentation establishing the amount of income earned over the period of 12 months preceding the date of the application, such as
- pay stubs, if they are employed
- a statement of business of activities, if the anchor is self-employed
- bank statements, if the anchor receives interest income
- statements or certificates, if the anchor has other sources of income (investment, rental, pension, special benefits paid under the Employment Insurance Act, etc.)
The anchor’s spouse or common-law partner will need to provide similar documentation if they are co-signing the statutory declaration and does not produce a Notice of Assessment or if the income reported on the anchor’s spouse or common-law partner’s Notice of Assessment combined with the anchor’s available income is less than the MNI.
Option B: Minimum necessary funds
The MNF is an amount held in an in-trust account of a Canadian financial institution accessible to the foreign national once granted permanent residence equal to the amount in the table below that is required to support a group of persons equal in number to the foreign national and their accompanying family members.
| Total number of persons | Total funds required |
|---|---|
| 1 person | $9,900 |
| 2 persons | $14,950 |
| 3 persons | $16,500 |
| 4 persons | $18,100 |
| 5 persons | $20,450 |
| 6 persons | $22,650 |
| If more than 6 persons, for each additional person, add: | $1,900 |
The anchor’s total funds shall be calculated on the basis of the amount reported in a document issued by a Canadian financial institution before the filing of the application.
If the anchor is supporting more than 1 principal applicant, the anchor will need to provide a separate in-trust account for each principal applicant they are supporting.
Acceptable evidence may include:
- an informal in-trust account with the applicant as beneficiary
- a savings/chequing account under the anchor’s name with an accompanying explanation letter stating funds from the account will be available to support the applicant
Option C: Combination of income and funds
If the anchor does not meet the MNI requirements described under Option A or the MNF under Option B, the anchor can use a combination of income and funds to meet eligibility.
Officers should use the following calculation to determine the anchor eligibility:
The anchor’s income (including the income of their spouse if applicable) described in option A plus the anchor’s total funds described in option B. The combination of the anchor’s income and total funds must be at least equivalent to the MNI described in option A.
Example 1:
The minimum income required for a family size of 7 is $77,750.
The anchor’s income is $60,000 plus funds in their trust account is $20,000, which equals $80,000.
As the anchor has a combined income and funds of at least $77,750, they would be financially eligible to act as an anchor.
The anchor’s total funds shall be calculated on the basis of the amount reported in a document issued by a Canadian financial institution before the filing of the application.
Example 2:
If the anchor is supporting more than 1 application, the anchor must have separate in-trust accounts for each principal applicant.
For example:
- anchor, spouse, and 2 dependent children (4 people)
- sibling A, spouse, and 2 dependent children (4 people)
- sibling B and spouse (2 people)
Total is 10 persons
In this scenario, sibling A and sibling B are both principal applicants with their own statutory declarations and must each have a separate in-trust account.
The MNI to support 10 people (sibling A, sibling B, anchor and all dependants) is equal to $101,498
If the anchor’s income is $55,000, the anchor needs $46,498 of available funds (total MNI minus your income).
Divide the available funds necessary into trust accounts for sibling A and sibling B based on their family size.
$46,498 divided by 6 persons (sibling A plus sibling B plus their dependants) is equal to $7,750 per person
Trust Account for sibling A (4 persons multiplied by $7,750) available funds is equal to $31,000
Trust Account for sibling B (2 persons multiplied by $7,750) available funds is equal to $15,500
An application should not be refused based solely on the fact that funds are not divided equally.
The officer should refuse an application only if the financial requirements are not met or if the anchor has not provided a separate in-trust account for each principal applicant.
Subject to a removal order
Includes stayed orders, departure orders, exclusion orders and deportation orders.
Exception: Persons whose removal order became void when they became a permanent resident. [A51].
Detained in any penitentiary, jail, reformatory or prison
Exception: Persons on parole, on probation or serving a suspended sentence.
Convicted of offences in Canada
Officers may request that the anchor submit a copy of court records.
Convicted of offences outside Canada
The officer may request a police certificate from the anchor to verify criminal history and dispositions of charges. Consult the Criminal Code to determine equivalency in Canada.
If there has not been a final determination of acquittal or if a period of 5 years or more has not passed since the completion of the sentence imposed and the anchor has not demonstrated that they have been rehabilitated, the anchor is ineligible.
Default of any sponsorship undertaking or any support payment obligations
If the officer has concerns that the anchor may be ineligible, the officer may request additional documentation.
Default in respect of the repayment of any debt to His Majesty in right of Canada
An immigration debt includes
- an assistance loan
- a transportation loan
- an RPRF loan
- a deposit or guarantee of performance of an obligation
- costs incurred to remove a foreign national
Anchors must demonstrate that they are in good standing related to any loans with IRCC in order to be eligible to act as an anchor.
Undischarged bankruptcy under the Bankruptcy and Insolvency Act
Officers must consider the following before refusing the application:
- For first-time bankruptcy: A discharge is automatically 9 months from the date of bankruptcy, unless a stakeholder objects to this discharge for reasons such as the individual who is bankrupt failed to live up to their obligations.
- In other cases, an individual who is bankrupt can apply for a discharge by a court, after 9 months (or earlier, in limited circumstances).
- Courts can decide not to discharge, but public policy is to discharge as quickly as possible within the limits of the law.
- Except for incorrigible bankruptcy, the practice is to discharge without imposing conditions.
A discharge on conditions or a suspended or delayed discharge is not an absolute discharge under subparagraph R133(1)(i). Courts may also apply a combination of delay and conditions.
At this time, a bankruptcy discharge will also discharge a previous sponsorship debt.
Receiving social assistance for reasons other than disability
Since receipt of social assistance demonstrates an inability to provide for one’s own basic requirements, the recipient would be unable to support other family members, including spouses, common-law, siblings, parents, grandparents or dependent children.
Not accepting financial compensation from the foreign national
This requirement will be assessed based on the anchor’s declaration on the statutory declaration [IMM 5990].
If the anchor does not meet the conditions
In all instances where it is determined that an anchor does not meet the conditions of the temporary public policy, the officer enters a negative eligibility decision and reasons in GCMS and sends a letter to the principal applicant.
Assessing cases: Admissibility
The principal applicant and their family members must meet standard IRPA admissibility requirements related to
- criminality
- security
- health
To receive final approval under the public policy, the principal applicant and their family members must not be inadmissible (exception: inadmissibility on financial grounds, as per section 39 of the IRPA).
Immigration medical examination
Foreign nationals who are applying for permanent residence must undergo an immigration medical examination (IME) as per subparagraph R30(1)(a)(i). All accompanying family members of a foreign national who are applying for permanent residence must also undergo an IME.
Medical refusals
Applicants will not be exempt from the excessive demand provision. Refer to the medical refusals and inadmissibility instructions for more information.
Note: The principal applicant may have non-accompanying dependants listed in their permanent residence application. For the purposes of this public policy, non-accompanying dependants are not required to be medically examined.
Applicants may be exempt from the requirement to submit to an IME [paragraph A16(2)(b)] only as it applies to a foreign national who is a non-accompanying family member.
Interim Federal Health Program coverage
Applicants from overseas
Individuals processed under this pathway are eligible for overseas pre-departure medical services and 3 months of in-Canada coverage upon arrival. They will also be covered for the cost of their IME.
Applicants from in-Canada
Individuals processed under this pathway are eligible for 3 months of in-Canada coverage upon confirmation of permanent residence. They will also be covered for the cost of their IME.
Changes in family composition (add-on)
The applicant must advise IRCC of any changes to their family composition (for example, birth of a child, marriage, divorce) before permanent residence is granted.
If a family member is added to an application during processing
During processing, a principal applicant can add a new family member as a dependant, such as a newborn child or, in the case of a parent or grandparent, a new partner. Or, they may request that a family member originally declared as non-accompanying be included as accompanying.
However, applicable fees must be paid, and the new applicant must pass medical and background checks.
Officers should
- add the family member to the application
- collect the applicable processing fee
- issue instructions for the IME to the additional dependant
Do not approve the principal applicant and any accompanying dependants on the original application for permanent residence until all applicants have met the necessary requirements and any applicable additional fees have been paid.
Making a final decision
Approving the application
When all requirements are met, the officer will do the following:
- ensure that the principal applicant and their family members’ medical results and background checks remain valid and they are still admissible
- enter a final decision in GCMS
- generate a Permanent resident visa (if applicable) and a Confirmation of Permanent Residence (COPR) document for the applicant and accompanying family members
- send clients the IFHP information sheet which describes their in-Canada coverage and how to access services in-Canada post arrival or upon permanent residence confirmation for those already in Canada.
Refusing the application
If the officer determines that the applicant has not met the eligibility or admissibility requirements, the officer should refuse the application.
When an application is refused, a formal refusal letter must be sent to the applicant explaining the reasons for the refusal. The officer must also complete the following actions:
- enter a final decision in GCMS
- send a letter to the applicant explaining the reasons for the refusal
- if the RPRF was paid, inform the applicant that they are entitled to a refund.
Withdrawing the application
If the principal applicant requests to withdraw their application under the public policy, IRCC will send a letter to inform the applicant when the withdrawal of the application has been accepted.
Transportation loan
Principal applicants and their dependants are eligible to access a transportation loan through the Immigration Loans Program (ILP) to cover the costs of transportation from overseas to their place of final destination in Canada. This includes travel booking assistance fees ($300 per person) from the International Organization for Migration (IOM), as well as other related expenses.
Applicants will indicate in Schedule 1 [IMM 0207] if they are seeking to access IOM’s travel booking assistance and/or an ILP transportation loan. Applicants who choose to book their own travel and not use IOM’s travel booking assistance, cannot access an ILP transportation loan. However, applicants who choose to access IOM’s travel booking assistance can also choose to pay IOM directly for their travel costs. Consult the “Self-paid travel to Canada” section below.
Assessment of the applicant’s need for and ability to repay the loan waived
Although ILP loan issuance normally requires an assessment of the applicant’s need for and ability to repay the loan, in the context of this public policy, this assessment will be waived. In terms of need, IRCC has a commitment to ensure that resettled refugees and other clients selected under humanitarian programs are able to travel to Canada. For applicants under this public policy, an ILP transportation loan may be the only option available to cover their travel costs to Canada. They are also expected to be able to repay their loan, as they will be provided with financial support from their anchor to cover their basic needs after they arrive in Canada, and it would be reasonable to expect that they will have employment or transferable skills to secure employment within 3 or 4 years after their arrival in Canada.
Completing and signing the IMM 0502 form with International Organization for Migration support
As it will not be possible for the processing officer to counsel the clients on the terms and conditions of the loan (consult Terms and Conditions of Loan form [IMM 0502]), the International Organization for Migration (IOM) must be asked to counsel the applicant on IRCC’s behalf. The processing officer may then follow the procedures for remote processing under the Transportation loan program delivery instructions, ensuring to
- request that IOM counsel the client on the terms and conditions of the loan prior to collecting their signature (Note: the IOM will be provided with instructions on how to counsel clients on the terms and conditions of the loan)
- clearly indicate to IOM that the client will be admitted to Canada under this public policy (specify P36 TPP Sudan)
The IRCC processing officer must complete the IRCC Application Number and Loan Applicant Name fields of the form, save it and send it to IOM. IOM collects the applicant’s digital or wet signature. The IOM representative then adds their own digital or wet signature if they counselled the applicants on the terms and conditions of the loan and/or were present when the applicant was signing the loan form. The IOM representative may either scan or take a clear picture of the signed form to send it to IRCC.
If it is not feasible for the applicant to provide a digital signature, a scanned copy of a signed form, or a clear picture of a signed form, the applicant may type their name in the “Loan applicant name” field, save the document and send it by email to IOM, with a statement in the body of the email attesting, “I am unable to digitally sign this form, or to send a clear picture or a scanned copy of the signed form. However, I confirm my commitment to repay this loan.”
Upon receipt of the signed form, the IRCC processing officer adds their own digital signature to the form and uploads the fully signed IMM 0502 to GCMS, along with the applicant’s attestation email (if applicable). A fully signed copy of the IMM 0502 must also be sent back to the applicant (directly or via IOM) for their own records.
Notes:
- Signature order: The designated officer should sign the IMM 0502 form last, where this is operationally feasible, as this will ensure that
- the loan applicant does not modify the form prior to signing it
- IRCC retains a PDF copy of the form for which the digital certificate can be verified.
- Signed copy for client: The signed IMM 0502 is an important document for the client to retain, as it is proof of the client’s commitment to repay the loan. As such, the client should be provided with a fully signed copy of the IMM 0502 where operationally feasible.
Self-paid travel to Canada
Applicants choosing to use IOM’s travel booking assistance, and are traveling from Ethiopia, Kenya, Nigeria and Tanzania, have the option to pay for IOM’s travel booking assistance and their travel costs directly to IOM, rather than having these costs placed an ILP transportation loan. It is recommended that applicants travelling on an Single Journey Travel Document use the IOM’s travel booking assistance even if they are paying their own travel costs to facilitate exit from their country of current residence.
Refer to Transportation loan for more information on transportation loans.