Your gateway to Canada

APPLY NOW FOR SPONSORSHIP OF UNDECLARED FAMILY MEMBERS

By Atty. Henry Moyal

When a person applies to become a permanent resident, they are required to declare all of their family members (spouse, common-law partner, dependent children, dependent child of a dependent child), even if they are not accompanying the principal applicant to Canada.

The consequence for failing to have a non-accompanying family member declared is a lifetime bar on being able to sponsor that family member.

However, two years ago Canada Immigration opened the door a little and became lenient on those who did not declare family members. Under the new public policy of September 9, 2019, qualified sponsors did not need to fear that they would deported or that they would be refused. The pilot program basically forgave those misrepresentations and no questions are asked as to why the sponsor did not declare their child or spouse.

However, this golden parachute is ending soon. Qualified applicants must submit their application prior to September 9, 2021. Incomplete or deficient applications will be returned unprocessed so it is vital to have all documents properly submitted. Since it can take months to prepare a proper full application, it is crucial to start applications now and not wait until the last minute as it is unknown if the pilot program will be extended and/or expanded.

In other news this week:

Starting June 21, 2021, any applicant who holds a valid Confirmation of Permanent Residence (COPR) may travel to Canada.

Under the previous rules, applicants who held a valid COPR issued on or before March 18, 2020, were exempt from Canada’s travel restrictions. Those who held a valid COPR issued after March 18, 2020, could only come to Canada if they met another exemption or were coming from the US to settle permanently in Canada.

As discussed before, a COPR’s validity, which can last for up to one year, is tied to the applicant’s passport and their immigration medical examination. Many applicants were not able to travel to Canada before their COPRs expired due to the travel restrictions or other COVID-19 related considerations. IRCC is contacting applicants who were already exempt from the travel restrictions to reissue them a COPR. For applicants with expired COPRs issued after March 18, 2020, there is still no information on how to enter Canada as IRCC has not made any announcement for such individuals and/or whether new medicals are required.

Individuals whose COPR has expired should not book flights or attempt to travel to Canada until they receive a new COPR from IRCC.

Attorney Henry Moyal is a certified and licensed immigration lawyer in Toronto, Ontario.
The above article is general advice only and is not intended to act as a legal document.
Send questions to Attorney Moyal by email canada@moyal.com or call 416 733 3193