This section contains details on policy, procedures and guidance that Immigration, Refugees and Citizenship Canada (IRCC) staff typically use. The authorities have posted this on the Immigration, Refugees and Citizenship Canada (IRCC) website as a courtesy to stakeholders.
The Guidelines for Checking Completeness Upon Receiving the Applications
The officers would need to date-stamp the applications once they receive the applications. Thereafter, they would need to review these applications for completeness. This is in accordance with the provisions specified in section 10 of the Immigration and Refugee Protection Regulations (IRPR). It is in accordance with the provisions specified in the application kit requirements in place at the time of receipt as well.
When it comes to completeness checks, the applicants would need to note that they would need to have submitted applications in accordance with the requirements specified in section R10 and in the application kit. Only then would the officers consider these applications as being complete and eligible for processing. The provisions specified in R10 include:
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The Form and the Content of the Application
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Under these Regulations, the applicants would need to:
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Make the applications in writing using the form provided by the Department (if any)
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Sign the applications
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Include all information and documents required by these Regulations as well as any other evidence required by the Act
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Ensure that the application accompanies the evidence of payment of the applicable fee if the Regulations specifically mention this and,
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Identify the principal applicant and the accompanying spouse or common-law partner clearly (in case there is an accompanying spouse or common-law partner)
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This is in accordance with the provisions specified in paragraphs 28 (b), 28 (c), 28 (d) and 139 (1) (b)
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The Required Information
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Unless specified otherwise by these Regulations, the application would need to:
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Contain the name, date of birth, address, nationality and the immigration status of the applicant and of all the family members of the applicant, regardless of whether they are accompanying the principal applicant or not
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Contain a statement detailing whether the applicant or any of the family members is the spouse, common-law partner or conjugal partner of another person
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Indicate whether the applicants are applying for a visa, a permit or an authorisation
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Indicate the class prescribed by these Regulations for which the applicant is making the application
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Situations could arise where the applicant is represented in connection with the application
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In this scenario, the application would need to include details such as the name, the postal address, the telephone number, the fax number and the electronic mail address (if any) of any person or entity (or a person acting on its behalf) who is representing the applicant
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Situations could arise where the applicant is represented in connection with the application by a person referred to in any of the paragraphs 91 (2) (a) to 91 (2) (c) of the Act
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In this scenario, the application would need to include the name or the body of which the person is a member and their membership identification number
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In some cases, the applicant might have received advice for consideration in connection with the application, by a person referred to in any of the paragraphs 91 (2) (a) to 91 (2) (c) of the Act
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In this scenario, the application would need to include the following details:
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The application would need to include details such as the name, the postal address, the telephone number, the fax number and the electronic mail address (if any) of any person or entity (or a person acting on its behalf) who is representing the applicant and,
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The application would need to include the name or the body of which the person is a member and their membership identification number
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In some cases, the applicant might have received advice for consideration in connection with the application, by a person referred to in subsection 91 (4) of the Act
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In this scenario, the application would need to include details such as the name, the postal address, the telephone number, the fax number and the electronic mail address (if any) of any person or entity (or a person acting on its behalf) who is representing the applicant with reference to that entity or person and,
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Include a declaration that the information provided is both complete and accurate
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The Application of Family Members
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The authorities consider the application as an application made for the principal applicant and the accompanying family members of the principal applicant
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The Sponsorship Application
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Foreign nationals have the ability to make applications as members of the family class
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However, the application would need to be preceded or accompanied by a sponsorship application as specified in the provisions of paragraph 130 (1) (c)
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Multiple Applications
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The authorities do not permit the filing of a sponsorship application by a sponsor in respect of a person if the sponsor has already filed another sponsorship application in respect of that same individual and where the authorities have not made a final decision in respect of that other application
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The Invalid Sponsorship Application
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Situations could arise where sponsors make sponsorship applications that are not in accordance with the provisions specified in subsection (1)
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The authorities do not consider such applications as applications filed in the prescribed manner for the purposes of subsection 63 (1) of the Act
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Therefore, officers would need to check that the applications include all the following documents:
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A signed and completed in-Canada application for permanent residence (for live-in caregivers) i.e. IMM 0008
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This would include the name, date of birth, nationality, current marital status and current immigration status of the principal applicant and all family members, regardless of whether they are accompanying or not
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This would include the signed and completed forms outlined in the instruction guide 5290 as well
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A properly completed Schedule A – Background / Declaration i.e. IMM 5669 for the principal applicant and, if applicable, the principal applicant’s spouse or common-law partner and all dependent children aged 18 years and older
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A properly signed and completed Additional Family Information form i.e. IMM 5406 for the principal applicant and, if applicable, the principal applicant’s spouse or common-law partner and all dependent children aged 18 years and older
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Evidence that the principal applicant has accumulated qualifying work experience via the Live-in Caregiver – Employer Declaration of Hours Worked i.e. IMM 5634
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A properly completed Fee Payment Form – Application for Permanent Residence i.e. IMM 5620 and evidence of payment of the applicable fees
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All required documents in accordance with the Document Checklist i.e. IMM 5282
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A clear identification of the class in which the principal applicant is making the application
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Two passport sized photographs of the applicant and of any family members in Canada who have been included (the photographs would need to comply with the photograph specifications published by the authorities)
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A signed declaration on the Generic Application Form for Canada i.e. IMM 0008 to the effect that the information provided is both complete and accurate and,
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Any other additional documents and information specified by the Immigration and Refugee Protection Regulations (IRPR), as well as any other evidence required by the Immigration and Refugee Protection Act (IRPA)
The Guidelines Pertaining to Incomplete Applications
Officers would need to return incomplete applications to the applicants. In addition, they would need to return any processing fees paid by the applicants as well. For incomplete applications, the Case Processing Centre in Vegreville (CPC-V) would need to enter a note in the Global Case Management System (GCMS). This note would typically indicate that the authorities had received an application, which they had subsequently returned to the applicant. Thereafter, the Case Processing Centre in Vegreville (CPC-V) would need to take no further action on the case until the applicant submitted a complete application.
