Operational Instructions


Processing spouse or common-law partner in Canada class applications when humanitarian and compassionate consideration is requested - Operational Bulletins 126 – July 9, 2009

Background
The spouse or common-law partner in Canada (SCLPC) class is a prescribed class of persons who may become permanent residents on the basis of their relationship to a sponsor.
For detailed information on the requirements of this class, please consult the Inland Processing manual, Chapter 8 (IP 8) and section 124 of the amended Immigration and Refugee Protection Regulations (IRPR).
In recent years, officers in the field have seen a notable increase in the number of applications made under the SCLPC class that include requests for humanitarian and compassionate (H&C) consideration. The purpose of this Operational Bulletin is to provide instructions for the processing of these applications.
The exercise of discretion based on humanitarian and compassionate consideration is provided for in section 25 of the Immigration and Refugee Protection Act (IRPA). A25 requires the Minister’s delegate to examine the circumstances concerning the applicant’s in-Canada request for H&C consideration. If, in the opinion of the Minister’s delegate, it is justified by humanitarian and compassionate considerations relating to the applicant, an exemption from any applicable criteria or obligation of the Act or Regulations may be granted. In the context of an in-Canada request for H&C consideration, R66 requires that an H&C request be made in writing and that it accompany an application to remain in Canada as a permanent resident. While applicants requesting H&C consideration are generally encouraged to complete an H&C application form and pay the H&C processing fee, they may also include a request for H&C consideration with an application for permanent residence as members of the SCLPC class.
In order to maintain the intent of the SCLPC class and ensure that the benefits associated with the class are limited to those who are sponsored by and cohabiting with a spouse or common-law partner in Canada, the following policy approach has been adopted:
  • SCLPC applicants who satisfy the SCLPC eligibility requirements set out in R124(a) and (c), in that they are sponsored by and cohabit with a spouse or common-law partner in Canada, and who request H&C consideration to exempt them from inadmissibilities or other applicable requirements, such as the requirement to have temporary resident status, a passport or other documentation, will be processed as members of the class. Since these applicants will be processed as members of the class, they will benefit from R72, the concurrent processing of overseas dependents, and an exemption from both R133(4), the minimum necessary income and A38(2), the medical requirements with respect to excessive demand on health and social services, if their application is successful.
  • SCLPC applicants who do not satisfy the SCLPC eligibility requirements set out in R124(a) and (c) and who request  H&C  consideration will not be processed for permanent residence as members of the class. Their applications will be transferred to the H&C queue for processing in accordance with current H&C procedures.
Applicants may request H&C consideration at any time prior to a final decision being made on their application. Nonetheless, applicants must provide all information they want considered. It is the applicant who bears the onus of satisfying the decision-maker that the H&C factors present in their individual circumstances are sufficient to warrant an exemption.
When H&C is not requested, SCLPC applications will continue to be processed as per current procedures outlined in IP 8.
For further reading, please visit following webpage:

New 2D bar code Sponsorship Form (IMM 1344) - Operational Bulletin 325B - February 6, 2012

Issue
Effective February 6, 2012, Citizenship and Immigration Canada (CIC) will launch a new two-dimensional (2D) bar code sponsorship application form entitled Application to Sponsor, Sponsorship Agreement and Undertaking (IMM1344). This form will be applicable to both the Spouse or Common-law Partner in Canada class and the Family Class. 
Background
The 2D bar code Generic Application Form for Canada (IMM 0008) was introduced on July 18, 2011; however, CIC had to manually enter the data contained in the IMM 1344.
For further reading, please visit following webpage:

Five-year Sponsorship Bar for persons who were sponsored to come to Canada as a spouse or partner - Operational Bulletin 386 - March 2, 2012

Summary
A regulatory amendment will bar a person who has been sponsored as a spouse or partner, from sponsoring a new spouse or partner for a five-year period.
Issue
The purpose of this Operational Bulletin (OB) is to inform officers of the regulatory amendment to section 130 of the Immigration and Refugee Protection Regulations (IRPR) that bars, for a five-year period, a sponsored spouse or partner from sponsoring a new spouse or partner.
Background
One of the objectives of the Immigration and Refugee Protection Act (IRPA) is to facilitate family reunification. As such, Canadian citizens and permanent residents (PRs) may sponsor their spouse or partner as a Canadian PR. Spousal sponsorship requires an undertaking of financial responsibility for a spouse or partner for three years. 
If the relationship breaks down, the sponsor remains financially responsible until the end of the three-year undertaking period, irrespective of the causes of the breakdown. As well, a sponsor may not sponsor a subsequent spouse or partner for the duration of the undertaking.
Spousal sponsorship is open to abuse when individuals enter into non-bona fide relationships in order to obtain status in Canada. The primary intent of the amendments is to create a disincentive for a sponsored spouse or partner to use a relationship of convenience as a means of circumventing Canada’s immigration laws, abandoning their sponsor soon after becoming a PR, then seeking to sponsor a new spouse or partner.
The amendment to section 130 of the IRPR describes new criteria that an individual must meet in order to sponsor a foreign national making an application for permanent residence as a member of the family class or the spouse or common-law partner in Canada class.
For further reading, please visit following webpage:

Conditional Permanent Residence Measure for Spouses and Partners in Relationships of Two Years or Less and who Have no Children in Common - Operational Bulletin 480 - October 26, 2012

Citizenship and Immigration Canada (CIC) has introduced amendments to the Immigration and Refugee Protection Regulations (the Regulations) which specify that spouses, common-law or conjugal partners who are in a relationship with their sponsor for two years or less and have no children in common with their sponsor at the time of the sponsorship application are subject to a period of conditional permanent residence. The condition requires the sponsored spouse or partner to cohabit in a conjugal relationship with their sponsor for a period of two years after the day on which they became a permanent resident. The conditional measure only applies to permanent residents whose applications are received on or after the day that the amendments came into force, which was on October 25, 2012.
For further reading, please visit following webpage:


Comments