IRCC Deputy Minister Transition Binder 2024 – Family Reunification
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Context
The Family Reunification Program Allows Canadian Citizens And Permanent Residents To Sponsor Certain Relatives To Immigrate To Canada As Permanent Residents. The Program Delivers The Family Reunification Component Of The Immigration And Refugee Protection Act (IRPA), Sub-Section 12(1).
- Family reunification is one of three pillars of permanent immigration to Canada (alongside economic immigration and refugee protection). The Program reflects the IRPA objective “to see that families are reunited in Canada”. Program criteria are centered on the genuineness of a relationship between an applicant and a sponsor (Canadian or Permanent Resident relative).
- Foreign nationals can apply from overseas (i.e., the Family Class) or from within Canada (i.e., the Spouse or Common-Law Partner In Canada Class).
- Relatives who may be sponsored include:
- Spouses, common-law partners, and conjugal partners
- Parents and grandparents
- Dependent children: defined largely as under age 22 (or 22 or older if not financially self-supporting due to a physical or mental condition); biological or adopted, including intercountry adoptions
- Other relatives in special circumstances: includes orphaned relatives under 18; last remaining relative
- A sponsor must:
- Be a Canadian citizen, permanent resident, or status Indian residing in Canada (with certain exceptionsFootnote 1)
- Be at least 18 years of age
- Sign an undertaking to support their sponsored family for a defined period of time – between three years (spouses and partners) and 20 years (parents and grandparents – repaying any provincial social assistance given to the sponsored person during that period.
Impacts
- The Family Reunification Program complements other immigration streams. For example, an economic immigrant may later sponsor a spouse or parent. The program can help attract highly skilled economic immigrants who may want to sponsor their family.
- Outcomes:
- Spouses and Partners: While applicants are not specifically selected for their skills, data demonstrate that they contribute to Canada’s economy, often in sectors where labour market shortages exist (sales and services occupations; trade, transport and equipment operators and related occupations). Their incidence of employment is similar to the overall average for the Canadian population with slightly lower annual earnings.
- Parents and Grandparents (PGP): Given the average age at admission, they are not expected to contribute significantly to the labour market. However, sponsored PGPs contribute as economic enablers, for example, through the provision of child care, which allows sponsors to work or upgrade their skills.
- Family Class applicants provide emotional and social support and enrich the social and cultural fabric of communities across the country. Some evidence suggests that immigrants coming to join family may be more likely to remain in Canada.
Current Program
- The family class accounted for 23% (109,580 persons admitted) of all permanent immigration to Canada in 2023. This represented an increase of 12.5% compared to the same period in 2022.
- While family immigration impacts all jurisdictions across Canada, under the Canada-Québec Accord, Quebec has the authority to determine and assess the financial criteria for family class sponsorship agreements for Quebec-destined applicants.
- If accompanying family members admitted under other permanent resident streams (e.g., economic and refugee) are included, the family reunification objective of the program increases to approximately 60% of total permanent resident admissions.
Key Statistics: Two Core Categories
- Spouses, Partners, and Dependent Children (74% of Family Class admissions in 2023)
- Service standard of 12 months for overseas spouses and partners (80% of the time).
- No service standard for in-Canada spouses and partners.
- Since 2019, spouses/partners in Canada who have submitted an application as a sponsored spouse/partner and are experiencing abuse on the part of their sponsor may apply for a temporary resident permit and/or expedited humanitarian and compassionate permanent resident application.
- Parents and Grandparents (26% of Family Class admissions in 2023)
- Annual intake limits (“caps”) since 2014 to help manage demand, inventory levels and processing times.
- No processing service standard.
- Random selection model helps to ensure the process is fair and transparent, and that all interested sponsors have an equal opportunity to be invited to apply.
- Super Visa: Since 2011, PGPs may access a special temporary resident visa valid for up to 10 years that allows stays in Canada of five years per entry.
Recent Developments
Spouses and Partners:
- The Department has implemented several measures to support and accelerate the processing of spousal sponsorship applications. These innovations include file digitization, remote processing, conducting remote interviews, the use of Advanced Analytics, the introduction of an online application portal, an increased number of decision makers assigned to permanent residence applications, and tools to facilitate the processing of these files.
- Moreover, on May 26, 2023, Immigration, Refugees and Citizenship Canada (IRCC) announced new measures to strengthen family reunification, including faster temporary resident visa processing so that families can be together sooner while they wait for their permanent residence to be finalized. Going forward, the visitor visa applications will be processed within 30 days. IRCC also announced a temporary public policy to issue open work permits to spousal applicants and their dependent children who reside with their sponsor in Canada and have a valid temporary resident status.
Parents and Grandparents:
- Since demand significantly exceeds the number of spaces available in the Immigration Levels Plan, the Department conducts an intake process to select and invite sponsors to apply. Intake of applications is a two-stage process established through Ministerial Instructions:
- Interested sponsors submit an Interest to Sponsor form; and
- The Department randomly selects and invites a limited number of interested sponsors to submit applications.
- The Minister has decided for another year to re-use the 2020 Interest to Sponsor pool for the 2024 PGP intake and draw from remaining submissions to target the receipt of 20,500 applications [redacted]
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Quebec Admissions:
- Quebec sets the number of immigrants it wishes to be admitted to the province each year including those coming under the Family Class sponsorship program. Canada takes this number into account in planning overall immigration. Since IRCC receives more Family Class applications than Quebec has set for admissions, a backlog has formed, causing longer wait times for Quebec-bound family class applicants compared to those destined to the rest of Canada.
- Wait times for Quebec-destined applicants in the PGP Program as of January 9, 2024: 48 months. Rest of Canada: 24 months.
- Double or longer wait times are also occurring for spousal sponsorship cases destined to Quebec, which has led to recent media interest and calls for IRCC intervention.
- The Minister has reached out to Quebec’s Minister of Immigration to offer for IRCC to process Quebec-destined family class applications that already have a valid certificat de sélection du Québec (CSQ), but the offer was not accepted [Redacted]
Upcoming milestones
- As IRCC matures in its ability to deliver client-centric policies, programs and services, there is an opportunity to explore enhancements to family immigration pathways, such as a redesign of the PGP Program, to promote fairness and efficiency. As well, as the modern vision of family evolves, IRCC could re-examine more fundamentally the definition of family used in the immigration context, which has not changed since IRPA was established in 2002. This has been identified as an action item in the Strategic Immigration Review “We will consider lessons learned from understanding family compositions from various parts of the world, and implement more inclusive measures when possible”.
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