Research Directorate, Immigration and Refugee Board of Canada

This Response to Information Request (RIR) provides excerpts from Canada's legislation and regulations, as well as from official sources, on the right and access to Canadian permanent resident (PR) status, including for refugee claimants in Canada. While there are various pathways to PR status in Canada, this RIR focuses on access to permanent residence for refugee claimants in the context of family sponsorship. Persons seeking up-to-date information about permanent residence in Canada should consult the website of Immigration, Refugees and Citizenship Canada (IRCC) (Canada 2024-10-31).

Table of Contents

1. Permanent Resident (PR) Status in Canada

1.1 Rights and Obligations of PRs

2. Access to Permanent Residence Through Family Sponsorship

2.1 Family Class and Spouse or Common-Law Partner in Canada Class

2.1.1 Refugee Claimants in Canada

2.2 Humanitarian and Compassionate (H&C) Grounds

2.2.1 Refugee Claimants in Canada

2.3 Sponsor Eligibility

2.3.1 Additional Requirements for Quebec Residents

3. Processing Times

4. Assessment of Applications for Permanent Residence Through Sponsorship

4.1 Criteria/Conditions

4.1.1 Admissibility

4.1.2 Eligibility

4.1.3 Additional Requirements for Quebec Residents

4.2 Decision Making

4.2.1 Discretion

1. Permanent Resident (PR) Status in Canada ^[back]

According to section 2(1) of Canada's Immigration and Refugee Protection Act (IRPA), which is available online, a PR is "[a] person who has acquired permanent resident status and has not subsequently lost that status under section 46" (Canada 2001). IRPA also provides the following:

21 (1) A foreign national becomes a permanent resident if an officer is satisfied that the foreign national has applied for that status, has met the obligations set out in paragraph 20(1)(a) and subsection 20(2) and is not inadmissible. (Canada 2001, bold in original)

IRCC's website indicates that a PR "is someone who has been given PR status by immigrating to Canada, but is not a Canadian citizen. PRs are usually citizens of other countries, while some may be stateless persons" (Canada 2023-11-17, hyperlinks omitted).

1.1 Rights and Obligations of PRs ^[back]

IRPA provides the following:

27 (1) A permanent resident of Canada has the right to enter and remain in Canada, subject to the provisions of this Act.

…

28 (1) A permanent resident must comply with a residency obligation with respect to every five-year period. (Canada 2001, bold in original)

Regarding the obligations of PRs, IRCC's website indicates that "[t]o keep your PR status, you must have been in Canada for at least 730 days during the last five years" (Canada 2023-11-17, bold in original). IRCC's website also indicates the following on the rights, obligations and limitations of PRs in Canada:

As a PR, you

• get most social benefits that Canadian citizens receive, including a social insurance number to work in Canada, and health care coverage (check your provincial website for more information)
• can live, work or study anywhere in Canada
• can apply for Canadian citizenship [when all requirements are met (Canada 2023-09-15)]
• get protection under Canadian law and the Canadian Charter of Rights and Freedoms
• must pay taxes and respect all Canadian laws at the federal, provincial and municipal levels[.]

…

You're not allowed to

• vote or run for political office or
• hold some jobs that need a high-level security clearance. (Canada 2023-11-17, hyperlinks omitted)
  
  

2. Access to Permanent Residence Through Family Sponsorship ^[back]

2.1 Family Class and Spouse or Common-Law Partner in Canada Class

Concerning the family class, IRPA provides the following:

Family reunification

12 (1) A foreign national may be selected as a member of the family class on the basis of their relationship as the spouse, common-law partner, child, parent or other prescribed family member of a Canadian citizen or permanent resident. (Canada 2001, bold in original)

Section 117(1) of the Immigration and Refugee Protection Regulations (IRPR), which is available online, provides detailed conditions under which a foreign national is considered a member of the family class [1] (Canada 2002). Section 4 of the IRPR provides circumstances under which a foreign national "shall not be considered a spouse, a common-law partner or a conjugal partner of a person" for the purpose of these Regulations, which require that the underlying marriage, common-law, or conjugal partnership must be "genuine" and must not have been entered into "primarily for the purpose of acquiring any status or privilege under the Act" (Canada 2002). Section 5 of the IRPR describes the relationships that are "[e]xcluded" for determining membership in the family class under these Regulations [2] (Canada 2002).

The IRPR describe the "spouse or common-law partner in Canada class" as follows:

124 A foreign national is a member of the spouse or common-law partner in Canada class if they

1. are the spouse or common-law partner of a sponsor and cohabit with that sponsor in Canada;
2. have temporary resident status in Canada; and
3. are the subject of a sponsorship application. (Canada 2002, bold in original)
   
   

Section 125(1) of the IRPR describes the relationships that are "[e]xcluded" for determining membership in the "spouse or common-law partner in Canada class" under these Regulations [3] (Canada 2002).

Among ways to immigrate to Canada, the IRCC website lists "Family Sponsorship" (Canada 2024-09-13, hyperlink omitted). The operational instructions and guidelines [4] for non-economic classes of permanent residence on IRCC's website indicate that an individual "may be sponsored" "as a member of the family class" or "under the spouse or common-law partner in Canada class" (Canada 2019-01-02). According to the same source, members of the family class include the following:

• spouse, common-law or conjugal partner
• dependent child (including children adopted overseas)
• father or mother
• grandfather or grandmother
• a sponsor's orphaned sibling, niece, nephew or grandchild who is under 18
• child under age 18 to be adopted in Canada
• one relative, regardless of age or relationship, subject to specific conditions. (Canada 2019-01-02)
  
  

To be eligible as members of the spouse or common-law partner in Canada class, the same source indicates that they must meet "all of the following":

• be the spouse or common-law partner of sponsor, and live in Canada with sponsor
• have valid temporary resident status in Canada (this regulatory requirement may be waived under the spousal public policy)
• be the subject of a sponsorship application. (Canada 2019-01-02)
  
  

IRCC's "Sponsor your spouse, common-law partner, conjugal partner or dependent child – Complete Guide (IMM 5289)" application package indicates that "a Canadian citizen, Registered Indian or permanent resident of Canada who is 18 years of age or older" can use the application to sponsor the following persons:

• your spouse or common-law partner who lives with you in Canada, and their dependent children
• your spouse, common-law partner or conjugal partner who lives overseas, and their dependent children
• your dependent children. (Canada 2024-08-23)
  
  

The same source further indicates the following:

Apply under the Family Class if:

• the person you want to sponsor lives outside Canada
• the person you want to sponsor currently lives with you in Canada but doesn't plan to stay in Canada while the application is being processed
• you plan to appeal if the application is refused
• you're sponsoring your conjugal partner or dependent child[.]

Apply under the Spouse or Common-Law Partner in Canada Class if your spouse or common-law partner:

• lives with you in Canada
• has valid temporary resident status in Canada, or is exempt from needing this status under a public policy. (Canada 2024-08-23, bold in original, hyperlink omitted)
  
  

The same source also notes that "[i]f you're sponsoring your conjugal partner or dependent child, you must submit an application under the Family Class. These applications are processed outside Canada" (Canada 2024-08-23, emphasis in original).

2.1.1 Refugee Claimants in Canada ^[back]

In correspondence with the Research Directorate, the Asylum Program Division (APD) of the Asylum Policy and Program Branch (APPB) at IRCC stated the following regarding individuals present in Canada who have claimed asylum applying for permanent residence under the family class:

Generally, as per section 72(1) of IRPR [see section 4.1 of this Response], in order for a foreign national who is present in Canada to be able to obtain permanent residence through sponsorship in the family class, they would have to meet the eligibility and admissibility requirements for the category under which they apply.

Persons who are in Canada and have made a refugee claim would generally not have valid status while their refugee claim is being processed, and would likely be inadmissible for failure to comply with IRPA, pursuant to section 41[(a) (Canada 2024-09-09] of IRPA. (Canada 2024-08-30)

IRCC's website notes the following:

The purpose of assessing admissibility is to screen claimants who are inadmissible to Canada for any of the reasons specified in the Immigration and Refugees Protection Act (IRPA) (A34 to A42) [see section 4.1.1 of this Response]. This assessment is conducted as part of the immigration examination after the refugee claim is received by a delegated officer.

Although officers should assess all claimants for any of the IRPA inadmissibility provisions, generally, refugee claimants will likely be inadmissible by virtue of the fact that they want to remain in Canada permanently, but do not have a permanent resident visa [A41(a) and A20(1)(a)]. (Canada 2023-01-11, second set of square brackets in original, hyperlinks omitted)

IRCC's APD added the following:

However, the requirement to have temporary resident status in Canada may be waived under the Public Policy Under A25(1) of IRPA to Facilitate Processing in Accordance with the Regulations of the Spouse or Common-law Partner in Canada Class. (Canada 2024-08-30)

The Public Policy Under A25(1) of IRPA provides the following:

[S]pouses or common-law partners in Canada, regardless of their immigration status, are now able to apply for permanent residence from within Canada in accordance with the same criteria as members of the Spouse or Common-law Partner in Canada class. This facilitative policy applies only to relationships in which undertakings of support have been submitted.

…

For the purposes of the current public policy only, persons with a "lack of status" refers to those in the following situations:

• persons who have overstayed a visa, visitor record, work permit or student permit;
• persons who have worked or studied without being authorized to do so under the Act;
• persons who have entered Canada without the required visa or other document required under the regulations;
• persons who have entered Canada without a valid passport or travel document (provided valid documents are acquired by the time CIC [Citizenship and Immigration Canada, the former name of IRCC] seeks to grant permanent residence). (Canada 2018-03-12, emphasis in original)
  
  

IRCC's APD, referring to the sections of the policy in the previous paragraph, indicated the following:

This means that refugee claimants who do not have temporary resident status in Canada may be eligible for consideration under the provisions of this class, provided that they meet the requirements of the public policy, and that they are not subject to any other inadmissibility. (Canada 2024-08-30)

The "[d]etermining membership in the spouse or common-law partner in Canada class" webpage of the IRCC website notes the following information on a spouse or common-law partner who is a refugee claimant:

Work permits or study permits issued to refugee claimants do not confer status. Therefore, a spouse or common-law partner who was issued a work or study permit when their claim was referred to the Refugee Protection Division [of the IRB] is not a temporary resident. As a result, they do not meet the requirements of R124(b) and do not qualify as members of the spouse or common-law partner in Canada class.

However, the requirement to have temporary resident status in Canada may be waived under the spousal public policy. This means that refugee claimants who do not have temporary resident status in Canada are eligible for consideration under the provisions of this class provided they continue to meet the requirements specific to inadmissibility grounds other than lack of status. (Canada 2022-06-08, hyperlink omitted)

When asked which categories of family members of a Canadian citizen or PR, who are present in Canada and who have made an asylum claim, are eligible for permanent residence, IRCC's APD indicated that "the Public Policy may apply to spouses and common law partners who apply under the Spouse or Common-Law Partner in Canada class" (Canada 2024-08-30). IRCC's website provides the following definitions:

Spouse

Means either of the two people (opposite or same gender) in a marriage that is legally recognized in the country where it took place, as well as in Canada.

IRCC no longer recognizes marriages performed outside of Canada by:

• Proxy,
• telephone,
• fax,
• internet and
• other forms of marriage where one or both persons weren't physically present at the ceremony[.]

…

Common-law partner

Means a person who has been living in a conjugal relationship with another person (opposite or same gender), continuously for at least one year. A conjugal relationship exists when there is a significant degree of commitment between two people.

To show that you are in a common-law relationship, submit proof that you:

• share the same home,
• support each other financially and emotionally,
• have children together, if applicable,
• present yourselves in public as a couple. (Canada 2024-08-23, bold in original)
  
  

IRCC's website also provides these definitions:

Your spouse can be either sex and must be:

• legally married to you
• at least 18 years old

…

Your common-law partner:

• isn't legally married to you
• can be either sex
• is at least 18 years old
• has been living with you for at least 12 consecutive months, meaning you've been living together continuously for 1 year in a conjugal relationship, without any long periods apart
  
  • Any time spent away from each other should have been
    
    • Short
    • temporary

If you or your common-law partner choose to end the relationship, we consider the relationship to be over.

You'll need to give proof of your common-law relationship. (Canada 2024-08-13a, emphasis in original, hyperlink omitted)

2.2 Humanitarian and Compassionate (H&C) Grounds ^[back]

IRCC's operational instructions and guidelines note that "[a]pplicants who know or suspect that they may be inadmissible may include a request for H&C consideration" (Canada 2019-07-19a). H&C considerations are described in section 25(1) of IRPA:

25 (1) Subject to subsection (1.2), the Minister must, on request of a foreign national in Canada who applies for permanent resident status and who is inadmissible — other than under section 34, 35, 35.1 or 37 — or who does not meet the requirements of this Act, and may, on request of a foreign national outside Canada — other than a foreign national who is inadmissible under section 34, 35, 35.1 or 37 — who applies for a permanent resident visa, examine the circumstances concerning the foreign national and may grant the foreign national permanent resident status or an exemption from any applicable criteria or obligations of this Act if the Minister is of the opinion that it is justified by humanitarian and compassionate considerations relating to the foreign national, taking into account the best interests of a child directly affected.

…

25.1 (1) The Minister may, on the Minister's own initiative, examine the circumstances concerning a foreign national who is inadmissible — other than under section 34, 35, 35.1 or 37 — or who does not meet the requirements of this Act and may grant the foreign national permanent resident status or an exemption from any applicable criteria or obligations of this Act if the Minister is of the opinion that it is justified by humanitarian and compassionate considerations relating to the foreign national, taking into account the best interests of a child directly affected. (Canada 2001, bold in original)

2.2.1 Refugee Claimants in Canada ^[back]

Section 25(1.2)(b) of IRPA indicates that the "Minister may not examine the [H&C] request if … the foreign national has made a claim for refugee protection that is pending before the Refugee Protection Division or the Refugee Appeal Division," among other circumstances (Canada 2001). IRCC's website indicates the following: "You cannot apply for humanitarian and compassionate grounds if you have a pending refugee claim. If you want to apply, you must withdraw your refugee claim before your Immigration and Refugee Board of Canada (IRB) hearing" (Canada 2017-09-13). A section of IRCC's website on H&C, which was quoted by IRCC's APD (Canada 2024-08-30), provides the following table:

H&C application scenario	H&C application next steps	Exceptions
The applicant has a pending refugee claim.	The application should not be examined. The fee and application are to be returned.	None

(Canada 2021-04-20a, bold in original)

In follow-up correspondence with the Research Directorate, IRCC's APD specified that "IRPA does not make a distinction between PR categories and provides that the H&C request may not be examined if a refugee claim is pending before the RPD or RAD" (Canada 2024-10-09).

The table on the IRCC website provides additional examples of H&C application scenarios and related next steps and exceptions (Canada 2021-04-20a).

2.3 Sponsor Eligibility ^[back]

Concerning the sponsorship of foreign nationals, IRPA provides the following:

13 (1) A Canadian citizen or permanent resident, or a group of Canadian citizens or permanent residents, a corporation incorporated under a law of Canada or of a province or an unincorporated organization or association under federal or provincial law — or any combination of them — may sponsor a foreign national, subject to the regulations. (Canada 2001, bold in original)

The IRPR provide the following:

130 (1) Subject to subsections (2) and (3), a sponsor, for the purpose of sponsoring a foreign national who makes an application for a permanent resident visa as a member of the family class or an application to remain in Canada as a member of the spouse or common-law partner in Canada class under subsection 13(1) of the Act, must be a Canadian citizen or permanent resident who

1. is at least 18 years of age;
2. resides in Canada; and
3. has filed a sponsorship application in respect of a member of the family class or the spouse or common-law partner in Canada class in accordance with section 10.

Sponsor not residing in Canada

(2) A sponsor who is a Canadian citizen and does not reside in Canada may sponsor a foreign national who makes an application referred to in subsection (1) and is the sponsor's spouse, common-law partner, conjugal partner or dependent child who has no dependent children, if the sponsor will reside in Canada when the foreign national becomes a permanent resident.

Five-year requirement

(3) A sponsor who became a permanent resident or a Canadian citizen after being sponsored as a spouse, common-law partner or conjugal partner under subsection 13(1) of the Act may not sponsor a foreign national referred to in subsection (1) as a spouse, common-law partner or conjugal partner, unless the sponsor has been a permanent resident, or a Canadian citizen, or a combination of the two, for a period of at least five years immediately preceding the day on which a sponsorship application referred to in paragraph (1)(c) is filed by the sponsor in respect of the foreign national. (Canada 2002, bold in original, citations omitted)

The IMM 5289 application package describes the following criteria for becoming a sponsor:

You can become a sponsor if you are:

• at least 18 years old
• a Canadian citizen, a person registered in Canada as an Indian under the Canadian Indian Act or a permanent resident,
• living in Canada:
  
  • if you're a Canadian citizen living outside Canada, you must show that you plan to live in Canada when your sponsored relative becomes a permanent resident.
  • You can't sponsor someone if you're a permanent resident living outside of Canada.
• able to prove that you are not receiving social assistance for reasons other than a disability … (Canada 2024-08-23, hyperlink omitted)
  
  

IRCC's operational instructions and guidelines indicate that sponsors must "not be subject to a sponsorship bar [R133(1)]" (Canada 2024-01-26, square brackets in original, hyperlinks omitted). Section 133(1) of the IRPR reads as follows:

133 (1) A sponsorship application shall only be approved by an officer if, on the day on which the application was filed and from that day until the day a decision is made with respect to the application, there is evidence that the sponsor

1. is a sponsor as described in section 130;
2. intends to fulfil the obligations in the sponsorship undertaking;
3. is not subject to a removal order;
4. is not detained in any penitentiary, jail, reformatory or prison;
5. has not been convicted under the Criminal Code of
   
   1. an offence of a sexual nature, or an attempt or a threat to commit such an offence, against any person,
      i.1. an indictable offence involving the use of violence and punishable by a maximum term of imprisonment of at least 10 years, or an attempt to commit such an offence, against any person, or
   2. an offence that results in bodily harm, as defined in section 2 of the Criminal Code, to any of the following persons or an attempt or a threat to commit such an offence against any of the following persons:
      
      1. a current or former family member of the sponsor,
      2. a relative of the sponsor, as well as a current or former family member of that relative,
      3. a relative of the family member of the sponsor, or a current or former family member of that relative,
      4. a current or former conjugal partner of the sponsor,
      5. a current or former family member of a family member or conjugal partner of the sponsor,
      6. a relative of the conjugal partner of the sponsor, or a current or former family member of that relative,
      7. a child under the current or former care and control of the sponsor, their current or former family member or conjugal partner,
      8. a child under the current or former care and control of a relative of the sponsor or a current or former family member of that relative, or
      9. someone the sponsor is dating or has dated, whether or not they have lived together, or a family member of that person;
6. has not been convicted outside Canada of an offence that, if committed in Canada, would constitute an offence referred to in paragraph (e);
7. subject to paragraph 137(c), is not in default of
   
   1. any sponsorship undertaking, or
   2. any support payment obligations ordered by a court;
8. is not in default in respect of the repayment of any debt referred to in subsection 145(1) of the Act payable to Her Majesty in right of Canada;
9. subject to paragraph 137(c), is not an undischarged bankrupt under the Bankruptcy and Insolvency Act;
10. if the sponsor resides
    
    1. in a province other than a province referred to in paragraph 131(b),
       
       1. has a total income that is at least equal to the minimum necessary income, if the sponsorship application was filed in respect of a foreign national other than a foreign national referred to in clause (B), or
       2. has a total income that is at least equal to the minimum necessary income, plus 30%, for each of the three consecutive taxation years immediately preceding the date of filing of the sponsorship application, if the sponsorship application was filed in respect of a foreign national who is
          
          1. the sponsor's mother or father,
          2. the mother or father of the sponsor's mother or father, or
          3. an accompanying family member of the foreign national described in subclause (I) or (II), and
    2. in a province referred to in paragraph 131(b), is able, within the meaning of the laws of that province and as determined by the competent authority of that province, to fulfil the undertaking referred to in that paragraph; and
11. is not in receipt of social assistance for a reason other than disability. (Canada 2002, bold in original)
    
    

IRCC’s website also indicates that "[y]ou may not be eligible to sponsor your spouse, partner if you … are still financially responsible for a previous spouse or partner that you sponsored. This means you're still bound by the 3 year undertaking to take care of this person" (Canada 2024-08-13b, emphasis in original). The IMM 5289 application package describes the sponsor's obligations:

When you agree to be a sponsor, you must sign an undertaking, promising to give financial support for the basic needs of your spouse or partner and their dependent children.

Basic needs are:

• food, clothing, shelter and other needs for everyday living,
• dental care, eye care and other health needs that aren't covered by public health services.

…

The undertaking is a binding promise of support, meaning that it is your responsibility to support the applicant(s) for the length of the undertaking period even if your situation changes. (Canada 2024-08-23, hyperlink omitted)

The duration of undertakings is defined in subsection 132(1) of the IRPR (Canada 2002). The IMM 5289 application package adds the following:

You must also be able to show that you can provide basic needs for:

• yourself,
• your spouse or partner,
• your spouse or partner's dependent child(ren) (if applicable)
• your dependent child(ren) (if you're sponsoring only your dependent child). (Canada 2024-08-23)
  
  

IRCC's operational instructions and guidelines points out that "[a]pplicants in the family class whose sponsor is ineligible may request H&C consideration to overcome the requirement to have an eligible sponsor" (Canada 2019-07-19a). However, in follow-up correspondence, IRCC's APD emphasized that "the H&C request could not be examined if the applicant also had a pending claim for refugee protection before the RPD or RAD" (Canada 2024-10-09).

2.3.1 Additional Requirements for Quebec Residents ^[back]

Information on sponsoring a spouse or conjugal partner to immigrate to Quebec is available on the Government of Quebec website (Quebec 2024-04-18). For details on additional requirements for Quebec residents, see the Government of Quebec website (Quebec 2024-06-26).

3. Processing Times ^[back]

A tool to check the processing times for family sponsorship applications is available on IRCC's website (Canada 2024-10-08). As of 8 October 2024, the processing time for a spouse or common-law partner living inside Canada, outside of Quebec, was 13 months (Canada 2024-10-08). Information on the processing time for a spouse or common-law partner living in Quebec is available on IRCC's website (Canada 2024-10-08).

A report by the Office of the Auditor General of Canada on IRCC's processing of applications for permanent residence in 2022 indicates that 71 percent of applications submitted under the Sponsored Spouse or Common-Law Partner in Canada Program were processed within the 12-month service standard (Canada 2023-10-19, 9).

4. Assessment of Applications for Permanent Residence Through Sponsorship ^[back]

4.1 Criteria/Conditions

On obtaining permanent resident status, the IRPR provide the following:

72 (1) A foreign national in Canada becomes a permanent resident if, following an examination, it is established that

1. they have applied to remain in Canada as a permanent resident as a member of a class referred to in subsection (2);
2. they are in Canada to establish permanent residence;
3. they are a member of that class;
4. they meet the selection criteria and other requirements applicable to that class;
5. except in the case of a foreign national who has submitted a document accepted under subsection 178(2) or of a member of the protected temporary residents class,
   
   1. they and their family members, whether accompanying or not, are not inadmissible,
   2. they hold a document described in any of paragraphs 50(1)(a) to (h), and
   3. they hold a medical certificate — based on the most recent medical examination to which they were required to submit under paragraph 16(2)(b) of the Act and which took place within the previous 12 months — that indicates that their health condition is not likely to be a danger to public health or public safety and, unless subsection 38(2) of the Act applies, is not reasonably expected to cause excessive demand; and
6. in the case of a member of the protected temporary residents class, they are not inadmissible.

Classes

(2) The classes are

1. [Repealed, SOR/2017-78, s. 4]
2. the spouse or common-law partner in Canada class; and
3. the protected temporary residents class. (Canada 2002, bold and square brackets in original)
   
   

Concerning the issuance of the permanent resident visa, the IRPR also state the following:

70 (1) An officer shall issue a permanent resident visa to a foreign national if, following an examination, it is established that

1. the foreign national has applied in accordance with these Regulations for a permanent resident visa as a member of a class referred to in subsection (2);
2. the foreign national is coming to Canada to establish permanent residence;
3. the foreign national is a member of that class;
4. the foreign national meets the selection criteria and other requirements applicable to that class; and
5. the foreign national and their family members, whether accompanying or not, are not inadmissible.

Classes

(2) The classes are

1. the family class;
2. the economic class, consisting of the federal skilled worker class, the Quebec skilled worker class, the provincial nominee class, the Canadian experience class, the federal skilled trades class, the Atlantic immigration class, the Quebec investor class, the Quebec entrepreneur class, the start-up business class, the self-employed persons class and the Quebec self-employed persons class; and
3. the Convention refugees abroad class and the country of asylum class. (Canada 2002, bold in original)
   
   

IRCC's website, on a webpage detailing policy, procedures, and guidance for IRCC staff [5], notes the following:

Under the Immigration and Refugee Protection Act (IRPA), all family members must be declared – there are no exceptions.

With few exceptions, all dependants must be examined as part of the process for acquiring permanent residence.

Both the principal applicant and the principal applicant's dependants, whether accompanying or not, must meet the requirements of the legislation. (Canada 2019-09-06)

The same source provides further instructions for the establishment of identity and relationship, including conditions in which applicants will be required to undergo an interview to provide additional information (Canada 2019-09-06).

4.1.1 Admissibility ^[back]

The grounds for inadmissibility are described in sections 34 to 42 of IRPA (Canada 2001). IRCC's website notes that individuals can "be found inadmissible for a number of reasons," including "security reasons," "human or international rights violations," "committing a crime," taking part in "organized crime," "medical reasons," "financial reasons," "misrepresentation," "failure to comply with any provision of IRPA," or "having an inadmissible family member" (Canada 2024-08-13c). The rules for the application of the sections of IRPA to determine inadmissibility are provided in sections 14 to 24 of IRPR (Canada 2002).

4.1.2 Eligibility ^[back]

According to IRCC's operational instructions and guidelines, IRCC officers should reconfirm eligibility prior to making their final decision on issuing the visa (Canada 2019-01-02b).

4.1.3 Additional Requirements for Quebec Residents ^[back]

For details on additional requirements for Quebec residents, see the Government of Quebec website (Quebec 2024-06-26).

4.2 Decision Making ^[back]

In the operational instructions and guidelines, IRCC notes that the "standard of review" governing its officers' administrative decisions, as established by the Supreme Court of Canada, is "reasonableness," that is "based on an internally coherent and rational chain of analysis and that is justified in relation to the facts and law that constrain the decision maker," and that officers are required to act "fairly" (Canada 2023-08-29). The same source notes the following instructions on how to make a decision:

An officer must now look at the established facts and decide if the facts demonstrate that the applicant meets the requirements as identified in Identify the requirement(s) that must be satisfied. If there is credible and persuasive evidence for each of the requirements, an officer may approve the application. If one of the elements is not met for any reason, an officer may not be able to approve the application depending on the weight attributed to the evidence.

In making the decision, the rules of procedural fairness require an officer to assess the evidence fairly. Fairness is achieved by following the steps outlined above, but it also means, among other things, doing so without bias. Bias is coming to a conclusion based upon a prejudice in favour of or against one thing, person or group instead of on the basis of the evidence presented.

Being fair also means that officers are not free to ignore evidence. All of the relevant evidence before an officer must be considered, and it must be considered fully, meaning that officers must take into account both favourable and unfavourable aspects of the evidence before coming to a conclusion. (Canada 2023-08-29, hyperlinks omitted)

IRCC's APD added the following:

Applications are assessed on a case-by-case basis, according to the IRPA and IRPR. Officers complete a global review of each application, considering all relevant facts of the case, and applying principles of procedural fairness and the appropriate standard of proof when making their determination. (Canada 2024-08-30)

4.2.1 Discretion ^[back]

IRCC's APD indicated that "[e]ach application for family class sponsorship will be assessed on a case-by-case basis, and the final decision to approve or refuse an application will rest with the officer assigned to the case" (Canada 2024-08-30). IRCC's operational instructions and guidelines note that its officers "have the discretion to request additional documentation from the sponsor or applicant at any time during application processing to be satisfied that the applicant meets the legislative and regulatory requirements" (Canada 2021-04-20b). Another section of the operational instructions and guidelines notes that if an applicant submits additional information and requests a reconsideration after an officer decides to refuse a PR application, the "officer must consider the request and decide whether or not to exercise their discretion to reconsider the previous decision" (Canada 2019-07-19b). IRCC's APD added that "there are several points in the application process where officers exercise their discretion," and provided the following examples:

• assessing whether a relationship is genuine
• assessing whether a foreign national is inadmissible to Canada
• determining whether there are sufficient humanitarian or compassionate factors. (Canada 2024-08-30)
  
  

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of sources consulted in researching this Information Request.

Notes

[1] Section 117(1) of the Immigration and Refugee Protection Regulations (IRPR) provides the following:

Member

117 (1) A foreign national is a member of the family class if, with respect to a sponsor, the foreign national is

1. the sponsor's spouse, common-law partner or conjugal partner;
2. a dependent child of the sponsor;
3. the sponsor's mother or father;
4. the mother or father of the sponsor's mother or father;
5. [Repealed, SOR/2005-61, s. 3]
6. a person whose parents are deceased, who is under 18 years of age, who is not a spouse or common-law partner and who is
   
   1. a child of the sponsor's mother or father,
   2. a child of a child of the sponsor's mother or father, or
   3. a child of the sponsor's child;
7. a person under 18 years of age whom the sponsor intends to adopt in Canada if
   
   1. the adoption is not being entered into primarily for the purpose of acquiring any status or privilege under the Act,
   2. where the adoption is an international adoption, the country in which the person resides is a party to the Hague Convention on Adoption and the Convention applies to their province of intended destination, the competent authority of the country and of the province have approved the adoption in writing as conforming to that Convention, and
   3. where the adoption is an international adoption and the country in which the person resides is not a party to the Hague Convention on Adoption or the Convention does not apply to the person's province of intended destination
      
      1. the person has been placed for adoption in the country in which they reside or is otherwise legally available in that country for adoption and there is no evidence that the intended adoption is for the purpose of child trafficking or undue gain within the meaning of the Hague Convention on Adoption, and
      2. the competent authority of the person's province of intended destination has stated in writing that it does not object to the adoption; or
8. a relative of the sponsor, regardless of age, if the sponsor does not have a spouse, a common-law partner, a conjugal partner, a child, a mother or father, a relative who is a child of that mother or father, a relative who is a child of a child of that mother or father, a mother or father of that mother or father or a relative who is a child of the mother or father of that mother or father
   
   1. who is a Canadian citizen, Indian or permanent resident, or
   2. whose application to enter and remain in Canada as a permanent resident the sponsor may otherwise sponsor. (Canada 2002, bold and square brackets in original)
      
      

[2] Section 5 of the IRPR provides the following:

Excluded relationships

5 For the purposes of these Regulations, a foreign national shall not be considered

1. the spouse or common-law partner of a person if the foreign national is under the age of 18 years;
2. the spouse of a person if
   
   1. the foreign national or the person was, at the time of their marriage, the spouse of another person, or
   2. the person has lived separate and apart from the foreign national for at least one year and is the common-law partner of another person; or
3. the spouse of a person if at the time the marriage ceremony was conducted either one or both of the spouses were not physically present unless the person was not physically present at the ceremony as a result of their service as a member of the Canadian Forces and the marriage is valid both under the laws of the jurisdiction where it took place and under Canadian law. (Canada 2002, bold in original, citations omitted)
   
   

[3] Section 125(1) of the IRPR provides the following:

Excluded relationships

125 (1) A foreign national shall not be considered a member of the spouse or common-law partner in Canada class by virtue of their relationship to the sponsor if

1. [Repealed, SOR/2023-249, s. 7]
2. the foreign national is the sponsor's spouse or common-law partner, the sponsor has an existing sponsorship undertaking in respect of a spouse or common-law partner and the period referred to in subsection 132(1) in respect of that undertaking has not ended;
3. the foreign national is the sponsor's spouse and
   
   1. the sponsor or the spouse was, at the time of their marriage, the spouse of another person, or
   2. the sponsor has lived separate and apart from the foreign national for at least one year and
      
      1. the sponsor is the common-law partner of another person or the sponsor has a conjugal partner, or
      2. the foreign national is the common-law partner of another person or the conjugal partner of another sponsor;
   c.1. the foreign national is the sponsor's spouse and if at the time the marriage ceremony was conducted either one or both of the spouses were not physically present unless the foreign national was married to a person who was not physically present at the ceremony as a result of their service as a member of the Canadian Forces and the marriage is valid both under the laws of the jurisdiction where it took place and under Canadian law; or
4. subject to subsection (2), the sponsor previously made an application for permanent residence and became a permanent resident and, at the time of that application, the foreign national was a non-accompanying family member of the sponsor and was not examined. (Canada 2002, bold and square brackets in original)
   
   

[4] Concerning the operational instructions and guidelines, the website of Immigration, Refugees and Citizenship Canada (IRCC) indicates that IRCC and "Canada Border Services Agency [CBSA] employees consult operational bulletins (OBs) and manuals for guidance in the exercise of their functions and in applying the Immigration and Refugee Protection Act, the Citizenship Act and their Regulations" (Canada 2024-08-14).

[5] As a part of the operational instructions and guidelines of IRCC, the instructions for processing the permanent resident program state that they contain "policy, procedures and guidance used by IRCC staff" and are "posted on the department's website as a courtesy to stakeholders" (Canada 2024-01-23). They provide "[i]nstructions for processing permanent residence applications submitted under family-related and humanitarian classes, for which applicants are selected on the basis of family-reunification, social, and humanitarian objectives" (Canada 2024-01-23).

References

Canada. 2024-10-31. Immigration, Refugees and Citizenship Canada (IRCC). Homepage. [Accessed 2024-11-01]

Canada. 2024-10-09. Immigration, Refugees and Citizenship Canada (IRCC), Asylum Policy and Program Branch (APPB), Asylum Program Division (APD). Correspondence with the Research Directorate.

Canada. 2024-10-08. Immigration, Refugees and Citizenship Canada (IRCC). "Check Processing Times." [Accessed 2024-11-01]

Canada. 2024-09-13. Immigration, Refugees and Citizenship Canada (IRCC). "Immigrate to Canada." [Accessed 2024-08-08]

Canada. 2024-09-09. Immigration, Refugees and Citizenship Canada (IRCC), Asylum Policy and Program Branch (APPB), Asylum Program Division (APD). Correspondence with the Research Directorate.

Canada. 2024-08-30. Immigration, Refugees and Citizenship Canada (IRCC), Asylum Policy and Program Branch (APPB), Asylum Program Division (APD). Correspondence with the Research Directorate.

Canada. 2024-08-23. Immigration, Refugees and Citizenship Canada (IRCC). "Sponsor Your Spouse, Common-Law Partner, Conjugal Partner or Dependent Child – Complete Guide (IMM 5289)." [Accessed 2024-10-11]

Canada. 2024-08-14. Immigration, Refugees and Citizenship Canada (IRCC). "Operational Instructions and Guidelines." [Accessed 2024-08-26]

Canada. 2024-08-13a. Immigration, Refugees and Citizenship Canada (IRCC). "Sponsor Your Spouse, Partner or Children: Who You Can Sponsor." [Accessed 2024-10-31]

Canada. 2024-08-13b. Immigration, Refugees and Citizenship Canada (IRCC). "Sponsor Your Spouse, Partner or Children: Check If You're Eligible." [Accessed 2024-10-31]

Canada. 2024-08-13c. Immigration, Refugees and Citizenship Canada (IRCC). "Reasons You May Be Inadmissible to Canada." [Accessed 2024-10-31]

Canada. 2024-01-26. Immigration, Refugees and Citizenship Canada (IRCC). "Applications Under Family Classes: Assessing the Sponsor." [Accessed 2024-08-16]

Canada. 2024-01-23. Immigration, Refugees and Citizenship Canada (IRCC). "Permanent Resident Program." [Accessed 2024-08-14]

Canada. 2023-11-17. Immigration, Refugees and Citizenship Canada (IRCC). "Understand Permanent Resident Status." [Accessed 2024-08-23]

Canada. 2023-10-19. Office of the Auditor General of Canada. Processing Applications for Permanent Residence – Immigration, Refugees and Citizenship Canada. [Accessed 2024-11-01]

Canada. 2023-09-15. Immigration, Refugees and Citizenship Canada (IRCC). "Check If You Are Eligible to Apply for Citizenship." [Accessed 2024-10-29]

Canada. 2023-08-29. Immigration, Refugees and Citizenship Canada (IRCC). "Decision Making: Standard of Review and Process for Making a Reasonable Decision." [Accessed 2024-08-23]

Canada. 2023-01-11. Immigration, Refugees and Citizenship Canada (IRCC). "In-Canada Refugee Claims: Admissibility." [Accessed 2024-10-17]

Canada. 2022-06-08. Immigration, Refugees and Citizenship Canada (IRCC). "Determining Membership in the Spouse or Common-Law Partner in Canada Class." [Accessed 2024-10-17]

Canada. 2021-04-20a. Immigration, Refugees and Citizenship Canada (IRCC). "Humanitarian and Compassionate: Intake and Who May Apply." [Accessed 2024-09-05]

Canada. 2021-04-20b. Immigration, Refugees and Citizenship Canada (IRCC). "Processing Family Class Applications: Admissibility." [Accessed 2024-08-23]

Canada. 2019-09-06. Immigration, Refugees and Citizenship Canada (IRCC). "Assessment of an Application for Permanent Residence." [Accessed 2024-08-14]

Canada. 2019-07-19a. Immigration, Refugees and Citizenship Canada (IRCC). "Family Class: The Application Process." [Accessed 2024-08-23]

Canada. 2019-07-19b. Immigration, Refugees and Citizenship Canada (IRCC). "Admissibility and Final Decisions on Application in Family Class." [Accessed 2024-08-23]

Canada. 2019-01-02. Immigration, Refugees and Citizenship Canada (IRCC). "Persons Who May Be Sponsored." [Accessed 2024-08-23]

Canada. 2018-03-12. Immigration, Refugees and Citizenship Canada (IRCC). Public Policy Under A25(1) of IRPA to Facilitate Processing in Accordance with the Regulations of the Spouse or Common-Law Partner in Canada Class. [Accessed 2024-09-05]

Canada. 2017-09-13. Immigration, Refugees and Citizenship Canada (IRCC). "Humanitarian and Compassionate Grounds." [Accessed 2024-09-05]

Canada. 2002 (amended 2024). Immigration and Refugee Protection Regulations. [Accessed 2024-08-26]

Canada. 2001 (amended 2024). Immigration and Refugee Protection Act. [Accessed 2024-11-01]

Quebec. 2024-06-26. Ministère de l'Immigration, de la Francisation et de l'Intégration (MIFI). "Sponsor a Family Member." [Accessed 2024-11-06]

Quebec. 2024-04-18. Ministère de l'Immigration, de la Francisation et de l'Intégration (MIFI). "Sponsoring a Spouse or Conjugal Partner." [Accessed 2024-10-31]