The Minister announced a forgiveness or amnesty for certain cases  under the Immigration Refugee Protection Regulations affected by subsection 117 (9) (d)

The policy mentions the applicability to resettled refugee, was conferred refugee protection in Canada or were themselves sponsored as a spouse, partner or dependent child)

This narrows the applicability of who can benefit from the failure to disclose or examine a relative.  The first relates to refugees.  The second ostensibly encompasses numerous situations.  These may include those persons who were sponsored by a spouse but failed to declare or have examined a close family member such as a child.  It may also include the failure to declare the existence of a spouse or common law partner where such relationships came into existence in narrow circumstances.  Such circumstances may include a marriage or common law relationship that came into existence shortly before landing as a permanent resident in Canada.

It  would be unlikely to include  some situations such as not declaring a common law partner where the existence of the common law relationship may have affected the potential sponsor’s ability to qualify for a permanent resident visa.  One example would be if the person who failed to declare the common law relationship acquired permanent resident status as a sponsored spouse; it would be reasonable to presume that the failure to declare a common law relationship may have affected the ability of the person to be sponsored as a spouse in the first place.

It is an open question as to whether this may apply to a caregiver who immigrated as a single woman but was really married and had kids. The more common situation where this policy may be applied to would be a person who immigrated as an  economic candidate , who married last minute, after issuance of their Confirmation of Permanent Residence but prior to landing and tried to sponsor his wife but was told no because of regulation 117(9)(d).

The Immigration Webinar You Can't Miss on June 20 2024 at 1800 (i.e. 6 pm EDT)

Call Now