Ziaie Law: News

Breaking News: 2020 Parent & Grandparent Sponsorship Program

6/10/2020

Today the Government of Canada released details of the opening of the new intake process for parent and grandparent sponsorship in 2020. The new program is increased in capacity and will allow up to 10,000 eligible Canadians to apply to sponsor their parents or grandparents in 2020.

Given the global pandemic that has led to long delays in the processing of visa and immigration applications, it looked like there would be no parent sponsorship intake for this year. However, Immigration, Refugees and Citizenship Canada (IRCC), just announced that they will open the parent and grandparent sponsorship intake process for 10,000 application on 13 October 2020, with a promise that the number of files that will be accepted will increase to 30,000 for 2021.

In order to be eligible to sponsor a parent or grandparent you must:
· Be at least 18 years old
· Live in Canada
· Be a Canadian citizen, a permanent resident of Canada, or a person registered in Canada as an Indian under the Canadian Indian Act
· Demonstrate you have sufficient income in the past three years to support your own family as well as the parent(s) or grandparent(s) you are sponsoring
· sign an undertaking promising to provide for the basic requirements of the person being sponsored for a period of 20 years

The income requirements are demonstrated through your income reported in your tax returns for the last three years. You may be able to count the income from your spouse or common-law partner to meet the requirement and your partner will become a co-signer of the application. You (and your co-signer) will be financially responsible for your parents or grandparents when they obtain permanent residency and will be required to provide an undertaking for 20 years that they will not use social assistance.

IRCC is aware of the challenges that many Canadians have faced with reduced income and job losses in 2020 and may have accessed Canada Emergency Response Benefit or Employment Insurance. Therefore, IRCC has introduced a temporary policy that applies if applicants cannot meet the 2020 income requirements and the temporary policy will apply to new applications as well as applications already accepted for processing from prior years.

If you are eligible, you will be able to register your interest to sponsor over a three-week period from 13 October to 3 November. A lottery will determine the applicants that will be selected and if you are selected you will have 60 days to submit a complete application including all the required documents.

Interested in applying to sponsor your parents or grandparents? Contact us to assess your eligibility and start the process.

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Preparing for 2019 Parent and Grandparent Sponsorship Applications

15/11/2018

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Many Canadian families are eagerly awaiting news from Immigration, Refugees and Citizenship Canada (IRCC) to find out if they will have a chance to be reunited with their parents, and even grandparents, under the Parent and Grandparent Sponsorship (PGP) program.

Each year we have faced different conditions under the PGP: in 2015 applicants had to submit complete applications on the first working day in January and the quota of 5,000 applicants was filled in one or two days. Then in 2016 and 2017 IRCC increased the quota to 10,000 and moved to a lottery system. However, the lottery system was fraught with problems as many people signed up that did not qualify (they did not have the necessary income for the past three years to be able to sponsor) which resulted in delays and it is not ultimately clear if IRCC was able to meet its quota in each of those years.

The latest news that was released in August 2018 is with regards to the 2019 PGP program. Here is what we know so far:

Since IRCC has been able to reduce its backlog of applications from 167,000 in 2011 to just over 20,000 in 2018, it has allowed been able to increase the quota for 2019. The 2019 quota under the PGP is set to be 20,000 applications.
The system will no longer be a lottery and will be based on the order in which you register your interest to sponsor.
Beginning at the start of 2019, if you are eligible to sponsor your parents or grandparents, you will be able to register an “expression of interest”. IRCC will issue invitations to apply to eligible applicants until the 20,000 quota for 2019 is met based on the order in which files are submitted.
If you submit an expression of interest and are selected you will only have 90 days to submit a complete application or risk losing your chance to sponsor.

If you are interested in sponsoring your parents, here are 5 important points to understand:
1. In order to be eligible to sponsor your parent or grandparents you will need to meet the eligibility requirements, the most important of which is that you must have had sufficient income for the past three years. The minimum level of income you need will depend on the number of people in your family and the number of people you want to sponsor. For example, for a family of 3 that want to sponsor their parents, they have to have at least the following income: 2017: $67,400, 2016: $66,654, and 2015: $65,377.

You will also need to meet the minimum income for 2018 which has not yet been announced but will be slightly higher than the 2017 amounts. And you will also need to meet all the income requirements until the time your application to sponsor is finalized. The minimum income levels for 2015, 2016 and 2017 based on number of family members are as follows:

NOTE: The above amounts apply to residents of all province except Quebec.

2. If the number of people in your family has changed in the last 3 years you should pay close attention. For example, if you were a couple in 2015 but had a child in 2016, then your family unit now consists of 3 people but consisted of 2 people in the earlier year. The question is what level of income should you have? There is no clear guidance on this from IRCC but in order to minimize any risk you should count on having the higher income level based on the number of family members you currently have.
3. If your own income is not sufficient to sponsor your parent(s) or grandparent(s), it is possible for your husband or wife to act as co-signer for the application and have his or her income count towards meeting the income requirements. You should be aware that if your co-sponsor changes his or her mind or there is a breakdown of marriage you may not longer be able to meet the income requirements at the time your application is being considered in the future and therefore will not be eligible to sponsor your application.

4. When you sponsor your parents or grandparents you give an undertaking that they will not use public assistance for a period of 20 years from the time of their landing in Canada. This is a binding undertaking and if the people you sponsor access public assistance you will be required to pay back these sums, often times with interest and penalties. If you have a co-signer this is a binding obligation on your co-signer as well.

5. Planning ahead can help you ensure that you are ready to submit a complete application. Unfortunately details of how the PGP will work in 2019 have not been announced but I have been working with clients over the past few weeks to assess their eligibility and have started to gather all their documents. If you are interested in applying to sponsor your parents or grandparents you should start your preparation process as soon as possible and if necessary seek out professional assistance to assist you in this process.

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Second Round of Application Intake for Parent and Grandparent Sponsorship Applications Good News for up to 8500 families across Canada

2/8/2018

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Once again there is good news for thousands of applicants who tried to sponsor their parents or grandparents earlier this year. Immigration, Refugees and Citizenship Canada ran a lottery for those interested in sponsoring their parents in the spring and issued 10,000 invitations to apply. The deadline for submitting these applications was May 25, 2018.

I wrote in my article in December that IRCC would likely not receive 10,000 applications, despite efforts that IRCC made to ask additional questions to ensure those registering for the lottery actually qualified. The prediction was correct and IRCC is now allowing a second round of applications for the parent and grandparent sponsorship program. 8500 new applicants have been chosen and they will have 60 days to submit their complete sponsorship applications to IRCC.

If you registered your interest to sponsor your parents or grandparents in January but were not previously chosen you should check your inbox for an email from IRCC. You can also check the confirmation number here: https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/family-sponsorship/sponsor-parents-grandparents/selected.html

If you are one of the lucky applicants who has been chosen, make sure to review all the eligibility requirements and submit a complete application. IRCC is very strict and I have seen applications returned for missing a single signature, an old photo or one copy instead of an original.

Eligibility Requirement for Parent & Grandparent Sponsorship
In order to sponsor, you must:

be 18 years of age or older;
be a Canadian citizen, Registered Indian or permanent resident;
be sponsoring your parent or grandparent;
live in Canada;
sign an undertaking promising to provide for the basic requirements of the person being sponsored for a period of 20 years;
sign an agreement with the person you are sponsoring that confirms that each of you understands your mutual obligations and responsibilities;
prove that you have sufficient income to provide the basic requirements for your family members in Canada as well as the persons included in your sponsorship undertaking. You may also have a co-signer.

The minimum necessary income requirement is based on the size of your family and the number of people you are sponsoring and is assessed based on your income from the three years preceding your application. For example for a family of three sponsoring both their mother and father, the applicant (along with a potential co-signer) would need to show income of at least $65,377 in 2015 and $66,654 in 2016 and $67,400 in 2017. This amount varies based on the number of people in the family and those being sponsored. The income is verified based on proof of income from the Canada Revenue Agency (CRA).

Note: This information is not intended as legal advice or opinion. You should always seek specialized legal advice with regards to your situation as the facts of each case are unique and the application of law varies in every case.

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2018 Parent and Grandparent Sponsorship Lottery Result

6/4/2018

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The results of the 2018 Parent and Grandparent (PGP) Sponsorship lottery were announced beginning on 19 March 2018 and thousands of families across Canada received good news emails inviting them to submit applications to sponsor their parents or grandparents.

In 2017 Immigration, Refugees and Citizenship Canada (“IRCC”) introduced a new “lottery” system to select applicants to fill its quota of 10,000 applications. In 2017 more than 95,000 people registered with IRCC and while the 2018 numbers have not been released it will be at least the same if not more than last year.

If you are one of the lucky families that has been selected to submit a PGP sponsorship application you must act fast as applicants only have 60 days to submit a complete application.

Check your email (including your spam folder) or use the confirmation number to look up if you were selected online
Ensure that you meet the eligibility criteria (refer to my previous articles available on the Salam Toronto website) and if there are any questions regarding your eligibility you should speak with an immigration lawyer immediately
Gather all the required documents for yourself and your parents – whether you are applying for yourself or with the assistance of a representative, it is extremely important that your application is complete and meets all the requirements. I have unfortunately seen applications returned for missing a single check mark or photograph so it is imperative that you submit a complete application

While the key requirement for PGP sponsorship applications is the minimum necessary income you must show as the sponsor there are often complex questions that arise. In order to meet this income requirement, you can combine your income and that of a co-signer for the past three years. The co-signer can be your spouse or common-law partner. The co-signer must also be eligible to sponsor and co-sign the undertaking of support for the period of 20 years. What happens if the number of people in your family changes (you become married or a child) during the three years that you have to show income? What if you lose the support of your co-signer as part of the application? In these cases you should consult with an immigration lawyer as soon as possible to ensure that you are able to submit a successful application.

The amount of income you must have depends on the size of your family and the number of people you are sponsoring. For example, if you are a family of three sponsoring both your mother and father, you (along with a potential co-signer) need to show income of at least $65,377 in 2015 and $66,654 in 2016, and $67,400 in 2017. This amount varies based on the number of people in your family and those being sponsored. Your income over the three year period is verified based on proof of income from the Canada Revenue Agency.

Given the short period of time you have to submit your application you should try to submit your PGP application as soon as possible. If you were not lucky enough to receive an invitation do not give up and keep your confirmation number: last year not all the people who were selected in the first round submitted their applications and there was a second round announced in August 2017.

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2018 Immigration Outlook

11/1/2018

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2017 was a big year of changes for immigration laws in Canada with new programs and developments in existing immigration programs. For the most part Canada's stance in welcoming immigrants was in contrast to negative views towards immigration in the US and much of Europe. As 2018 begins, what can we expect to see in Canada?

Citizenship
Changes to the Citizenship Act came into effect in October 2017 making it easier and faster to obtain Canadian citizenship. This created a rush in new applications and Immigration, Refugees and Citizenship Canada (“IRCC”) reported that they received more than 30,000 new applications in the first two weeks after the changes, more than double what they would have received in each month prior to the change. This will likely mean longer processing times but we hope that the efficient processing of the past two years will continue and IRCC can keep processing times from spiralling out of control.

Express Entry
The Express Entry (“EE”) system of selecting immigrants is still the largest source of economic immigrants to Canada. In 2017 over than 85,000 applicants were invited to apply through the EE system, more than the number of total number of invitations issued in 2015 and 2016. IRCC has made improvements to the EE system in late 2016 that allowed more applicants to qualify. We have also seen the minimum score required to be invited under EE come down to as low as 413 points (May 2017) and if Canada is to meet it's target of attracting one million new immigrants over the next three years there will likely be further downward pressure on the minimum score and we will see more applicants qualify under EE.

Family Sponsorship
The process of registering for the parent and grandparent sponsorship program was changed in 2017 to a lottery system and the same system is in place this year, albeit with some minor changes. IRCC is again set to select 10,000 applicants under this program to fill its annual quota.

The spousal sponsorship program also made news in 2017 as IRCC worked to meet the target of processing these applications within 12 months. By the end of 2017 the average processing time across all visa offices was 12 months, a significant improvement on previous years where families sometimes had to wait years to be reunited in Canada.

New Definition of Dependent Child
IRCC's definition of eligible “dependent children” changed in October 2017 to include children up to 22 years of age. For new applications can now include these dependent children, and in some cases applicants have until 31 January 2018 to add qualifying dependent children to existing permanent residence visa applications.

Provincial Nominee Programs
Provincial Nominee Programs (“PNPs”) allow provinces to identify and select potential immigrants for settlement in their local economy and labour market. While PNPs have existed for many years, the provinces have spent 2017 expanding their programs, providing qualified applicants with more options for settling in towns and cities across Canada. IRCC's target for 2018 is to process 55,000 PNP applications.

Global Talent Stream and Two Week Processing
In June 2017, IRCC introduced the Global Talent Stream (“GTS”) allowing for fast-tracked processing of Labour Market Impact Assessments leading to work permits in as little as two weeks. The program is focused on areas where there are significant labour shortages, particularly in technology related fields, and has so far been a great success in helping Canadian companies attract and bring in much needed employees to develop and grow their businesses in Canada. Amazon and Facebook opened new offices in Canada in 2017 after Google, Apple and Microsoft all expanded their operations in Canada in 2016. These companies, along with hundreds of start ups and medium sized companies are looking to hire workers with the help of the GTS.

For now the GTS is a pilot program but if it continues to build on the success of its first six months we hope that IRCC will keep and expand the program to give Canadian businesses a competitive advantage.

While 2017 was a year of big changes, there always room for the government to surprise us again in 2018. As Canada works towards its target to admit one million immigrants over the next three years we are likely to see more changes and immigration programs introduced this year.

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NEWS

Breaking News: 2020 Parent & Grandparent Sponsorship Program

Preparing for 2019 Parent and Grandparent Sponsorship Applications

Second Round of Application Intake for Parent and Grandparent Sponsorship Applications Good News for up to 8500 families across Canada

2018 Parent and Grandparent Sponsorship Lottery Result

2018 Immigration Outlook

Authors:
Zeynab Ziaie
Zahra Ziaie

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Categories

NEWS

Breaking News: 2020 Parent & Grandparent Sponsorship Program

Preparing for 2019 Parent and Grandparent Sponsorship Applications

Second Round of Application Intake for Parent and Grandparent Sponsorship Applications Good News for up to 8500 families across Canada

2018 Parent and Grandparent Sponsorship Lottery Result

2018 Immigration Outlook

Authors: Zeynab Ziaie Zahra Ziaie

Archives

Categories

Authors:
Zeynab Ziaie
Zahra Ziaie