Temporary public policy to facilitate permanent residence to certain foreign nationals affected by the conflict in Sudan with family in Canada
This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.
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 Temporary Public Policy to Facilitate Permanent Residence to Certain Foreign Nationals affected by the conflict in Sudan with family in Canada.
Under this Temporary public policy, IRCC has committed to accept up to 3,250 applications for processing.
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.
Start and end date
This Public Policy takes effect on February 27, 2024, and ends on February 26, 2025, or once 3,250 applications have been accepted for processing. The cap will be counted through reporting by the Operations Planning and Performance Branch (OPPB). Only applications identified as complete and accepted for processing will be counted toward the application cap.
The intake office is to stop the intake of applications once the cap is reached and return all excess applications.
Application date
The application is considered to be made 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If the application has not already been withdrawn or finalized, it will need to be withdrawn once the application under this Public Policy has been approved.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, including all mandatory forms, information and processing fees. The minimum requirement for intake and promotion are as follows:
For the PA
- the Generic Application Form for Canada [IMM 0008E] fully completed and signed by the PA
- the Schedule A – Background / Declaration form [IMM 5669] fully completed by the PA 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 PA 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 PA
- the Details of Military Service [IMM 5546] fully completed by the PA and all family members 18 years of age or older, whether accompanying or not
- photocopies of all pages of the PA’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 PA
- in-Canada applicant only: Proof of temporary residence status in Canada for the PA and accompanying family members
- proof of relationship between PA and family members (if applicable)
- processing fees
- proof of relationship between PA and the anchor (birth certificate, marriage certificate)
- one photo for PA and each family member
For the anchor
- a completed and signed statutory declaration [IMM 0208 (PDF)]
- proof of Canadian citizenship or PR status
- proof of residence in Canada, outside the province of Quebec (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 to the PA or the representative. 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 following fees using the online payment tool.
- application processing fee
Applicants are exempt from paying the following fees:
- biometrics fee
- right of permanent residence fee (RPRF)
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
Principal applicant inside 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 of Canada who
- is outside of Canada at the time of application
and
- 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 Annex A
- 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 in Annex A
- meets one of the following requirements:
- is the child (regardless of age), grandchild, parent, grandparent, or sibling of the anchor
- is the spouse or common-law partner of a foreign national described in condition 7. a. of Part 2 who is unable to leave Sudan
- is or was, in respect of a foreign national described in condition 7. a. of Part 2 who is missing, presumed dead or deceased, the spouse or common law partner, 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 of Annex 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 for the foreign national and their accompanying family members as defined in section 1(3) of the Regulations
- 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 50(1) of the Regulations or if they are unable to obtain a document enumerated at subsection 50(1), provide a document described in subsection 178(1) and 178(2) of the Regulations
- not be inadmissible to Canada, other than being inadmissible for financial reasons
Requirement for applicants who have been residing in Sudan on April 15, 2023
To be eligible for this public policy, the PA must satisfy the officer that they were residing in Sudan on April 15, 2023, or if PA was not physically present in Sudan on April 15, 2023, that their habitual residence was in Sudan.
Note: this requirement is not applicable to family members.
Officers are to verify the PA’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)
- copy of all passport pages for exit/entry stamps verification
- bank statements showing transactions in Sudan around April 15, 2023
- UNHCR or other refugee registration documents
The officer must also consider all other available information that may include, but is not limited to
- all information in the 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 that would normally be required for proof of residency in Sudan.
Officers should balance the need to be satisfied that the PA was residing in Sudan with the fact that documentation available may be limited or unavailable.
Requirements for applicants have no durable solution
To be eligible to this public policy, the PA 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 PA’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
Relationship to Canadian citizen or permanent resident (anchor)
The PA must provide a statutory declaration [IMM 0208 (PDF)] from the anchor that attests to their relationship and confirms the anchor’s intention to provide support.
The PA must be in one of the following relationships with the Canadian citizen or permanent resident who is 18 years or older, who resides in Canada and who was not granted permanent residence under this public policy:
- 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
PAs 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
PA could provide their birth certificate showing the anchor as parent.
Scenario 2: Principal applicant is the grandchild of the anchor
PA 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
PA could provide their birth certificate and the anchor’s birth certificate. At least one parent must be the same on both certificates.
Scenario 4: Principal applicant is the spouse of the deceased child of the anchor
PA could provide a marriage certificate to confirm their relationship with their spouse, a death certificate for their spouse (if available) and birth certificate of 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 50(1)(a) to (h) of the Regulations may submit with their application the following documents described in subsection 178(1) of the Regulations:
- 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 178(1) of the Regulations, 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 178(2) of the Regulations requires
- that an identity document accepted pursuant to paragraph 178(1)(a) of the Regulations be genuine, identify the applicant and be credible evidence of that identity
- that the information in statutory declarations accepted pursuant to paragraph 178(1)(b) be credible evidence of identity and consistent with any information previously provided
Proof of relationship
The onus remains on the PA to satisfy the officer on a balance of probabilities that their family members meet the definition of subsection 1(3) of the Regulations. 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 PAs are unable to obtain official records as evidence of the familial relationship, officers may consider accepting alternate sources of information provided by PAs, including affidavits. Officers may also review immigration history in GCMS or previous application (if applicable) to verify if applicants were listed as a family member. Officers may also hold an interview if the credibility of the PA is a concern. Ultimately, it is the officer’s discretion and the officer must be satisfied that the criterion has been met before continuing to process the application.
Conditions applicable to family members
The PA 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.
Accompanying family members residing outside Canada must meet the following eligibility requirements:
- be outside Canada when the application is submitted
- 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 PA who meets the requirements of this public policy
- not be admissible pursuant to the Immigration and Refugee Protection Act (IRPA) and Immigration and Refugee Protection Regulations (IRPR), other than under section A39 – being inadmissible for financial reasons
Accompanying family members residing inside of Canada must meet the following eligibility requirements:
- be in Canada and have a valid temporary resident status
- 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 PA who meets the requirements of this public policy
- not be inadmissible pursuant to the IRPA and IRPR, other than under section A39 – being inadmissible for financial reasons
Exceptional cases
The public policy does not include de facto dependants as family members. The public policy identifies the definition of an eligible family member as that described in subsection 1(3) of the Regulations.
While humanitarian and compassionate (H&C) considerations cannot be used to overcome a condition of a public policy, it can be used to overcome the Act, which includes the Regulations. Therefore, an officer has the discretion to grant the person exemptions from the Act or the Regulations, including similar exemptions to those that are provided for in the public policy, on H&C grounds, if requested or on the officer’s own initiative. In the event that H&C is used to grant exemptions to someone who does not meet the conditions of the public policy, the person would not be facilitated under the public policy, rather it would be facilitated under the separate H&C authority.
More guidance on H&C can be found here: Humanitarian and compassionate consideration.
Exemptions
Under this public policy, the foreign national who meets the eligibility may be exempted from the following regulations and eligibility requirements:
Principal applicant outside of Canada
- paragraph 16(2)(b) of the Act—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 PA’s permanent residence application pursuant to this public policy
- section 39 of the Act—inadmissibility for financial reasons
- paragraph 50(1) of the Act—the requirement to hold a passport or travel document
Eligible family members outside of Canada
- section 39 of the Act—inadmissibility for financial reasons
- paragraph 50(1) of the Act—the requirement to hold a passport or travel document
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:
- is a Canadian citizen or permanent resident who is 18 years of age or older
- resides in Canada, outside of the province of Quebec
- meets the financial requirement as described under Option A, B or C of Annex C
- is not subject to a removal order
- is not detained in any penitentiary, jail, reformatory or prison
- has not 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 five years has not elapsed since the completion of the person’s sentence
- has not 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 five years has not elapsed since the completion of the person's sentence imposed under a foreign law
- is not in default of any sponsorship undertaking or any support payment obligations ordered by or registered with a court
- is not in default in respect of the repayment of any debt referred to in subsection 145(1) of the Act payable to His Majesty in right of Canada
- is not an undischarged bankrupt under the Bankruptcy and Insolvency Act
- is not in receipt of social assistance for a reason other than disability
- has not 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
- a record of landing [IMM 1000]
Acceptable proof of Canadian citizenship is a photocopy of one 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 PA must provide a statutory declaration from the anchor that attests residency in Canada, outside the province of Quebec.
If the anchor resides in Quebec, the officer must refuse the application as eligibility is not met.
Applicant must provide documentary evidence to confirm that the anchor is residing in Canada and outside of Quebec. Acceptable proof of residence can be one 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 PA should not be counted in the family size calculation. If a sponsor 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 anchor and co-anchor (if they have one) sponsored or co-signed in the past, whom they’re still financially responsible for (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 applicable)) have submitted a statutory declaration to support them under this public policy, not listed in this statutory declaration, that is in processing or approved
- the PA (foreign national)
- the PA’s spouse) or common-law partner(if accompanying the PA to Canada)
- the dependent children of the PA and PA’s spouse or common-law partner and
- their dependent children, if they have any (if accompanying the PA to Canada)
- any other person for whom the anchor (and the co-anchor (if applicable)) have submitted a statutory declaration to support them under this public policy.Anchors must include in their family size all foreign nationals (PAs) and their accompanying family members for whom they have submitted a statutory declaration under this public policy
Option A: Minimum necessary income
The 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, e.g. food, clothing and shelter for themselves, the person(s) being supported and any other persons 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 PA’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 | $34,254 |
3 persons | $42,100 |
4 persons | $51,128 |
5 persons | $57,988 |
6 persons | $65,400 |
7 persons | $72,814 |
If more than 7 persons, for each additional person, add: | $7,412 |
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 PA 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)) have submitted a statutory declaration to support them under this public policy, not listed in this 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
1. 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 |
2. 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 one PA, the anchor will need to provide a separate in-trust account for each PA they are supporting.
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 + 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 $72,814
The anchor’s income is $55,000 + funds in their trust account is $20,000 = $75,000
As the anchor has a combined income and funds of at least $72,814, 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 one application, the anchor must have separate in-trust accounts for each PA.
For example:
- anchor + spouse + 2 dependent children (4 people)
- sibling A + spouse + 2 dependent children (4 people)
- sibling B + spouse (2 people)
Total = 10 persons
In this scenario, sibling A and sibling B are both PAs 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) = $95,050
If the anchor’s income is $55,000, the anchor needs $40,050 of available funds (total funds necessary – your income).
Divide the available funds necessary into trust accounts for sibling A and sibling B based on their family size.
$40,050 divided by 6 persons (sibling A + sibling B + their dependants) = $6,675 per person
Trust Account for sibling A (4 persons x $6,675) available funds = 26,700
Trust Account for sibling B (2 persons x $6,675) available funds = $13,350
The officer should not refuse an application if the 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 PA
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 five 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 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 PA.
Assessing cases: Admissibility
The PA and their family members must meet standard IRPA admissibility requirements related to
- Criminality
- Security
- Health
To receive final approval under the public policy, the PA and their family members must not be inadmissible (other than an inadmissibility on financial grounds, as per section 39 of the IRPA).
Medical examination
Foreign nationals who are applying for permanent residence must undergo a medical examination as per subparagraph R30(1)(a)(i). All accompanying family members of a foreign national who are applying for permanent residence must also undergo a medical examination.
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 PA 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 a medical exam (paragraph A16(2)(b)) only as it applies to a foreign national who is a non-accompanying family member.
Interim Federal Health Program coverage
Individuals processed under this pathway are not eligible for IFHP coverage.
Changes in family composition (add-on)
The applicant must advise IRCC of any changes to their family composition (e.g., 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 PA 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.
A new evaluation of the financial capacity of the anchor is necessary if the spouse or common-law partner of the principle applicant who was previously missing or presumed dead is found. For the addition of family members, officers must verify that the anchor(s) continues to meet the financial requirement for the applicable new family size. In such cases, the processing office will determine if MNI, MNF or the combination of income and funds requirements are still met. If the financial requirement is met, the officer will continue to process the application and request all the documentation for the new family member. If the financial requirement is not met, then the officer should refuse the application.
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 medical examination to the additional dependant
Do not approve the PA and any accompanying dependants on the original application for permanent residence until it has been confirmed that the anchor is still eligible, 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 PA and their family members’ medical results and background checks remain valid and they are still admissible
- enter a final decision in the GCMS
- generate a Confirmation of Permanent Residence Visa (if applicable) and a Confirmation of Permanent Residence (COPR) document for the applicant and accompanying family members
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; and the officer must complete the following actions:
- enter a final decision in the 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 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
PAs and their dependants are eligible to access an Immigration Loans Program (ILP) transportation loan 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. See “Self-Paid Travel to Canada” section below.
Assessment of the applicant’s need for and ability to repay the loan waived
Though ILP loan issuance typically 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 Terms and Conditions of Loan form [IMM 0502 (PDF)], the 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 # 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 counseled 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.
Note:
- 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 loans for further information on transportation loans.
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