Replacing the Principal Applicant on an Application for Permanent Residence by a Parent or Grandparent sponsored as a member of the Family Class

Operational Bulletin 369 – January 17, 2012

Replacing the Principal Applicant on an Application for Permanent Residence by a Parent or Grandparent sponsored as a member of the Family Class

Summary

Typically, the Principal Applicant (PA) submits the parent or grandparent application for permanent residence in the Family Class. In some situations, the Principal Applicant (PA) could pass away before the authorities grant permanent residence.

In this scenario, officers could replace the Principal Applicant (PA) with the individual identified on the application as the:

• Accompanying spouse or,
• Accompanying common-law partner

However, they would only be able to do this in cases where the accompanying spouse or common-law partner are also found eligible for sponsorship as a member of the Family Class by the sponsor.

Officers would need to note that the sponsor would need to sponsor the accompanying spouse or common-law partner as a member of the Family Class. As such, the sponsor cannot be a step-parent or a step-grandparent. In addition, the officers would only be able to replace the Principal Applicant (PA) with the accompanying spouse or common-law partner once the sponsor makes the request to do so.

Issue

This Operational Bulletin (OB) provides operational guidance to officers in cases where:

• The head of the family passes away during the processing of a parent or grandparent application for permanent residence and,
• The sponsor requests that the officers replace the Principal Applicant (PA) on the application with the spouse or common-law partner as listed as accompanying on the application

Background

The immigration authorities typically receive several applications for permanent residence. Many of these applications list an accompanying spouse or common-law partner. Therefore, the officers would need to go through the application thoroughly. The application must identify clearly, the following parties:

• The Principal Applicant (PA) and,
• The accompanying spouse or common-law partner

This is in accordance with the guidelines prescribed in R10 (1) (e).

The officers have the authority to replace the Principal Applicant (PA) with a person who shares one of the following relationships with the Principal Applicant (PA):

• A marital relationship or,
• A common-law relationship

This is accordance with the guidelines specified in Section 7.4 of OP 1.

However, officers cannot alternate the Principal Applicant (PA) once the processing of an application commences.

In some situations, the applicants might want to have their spouse or common-law partners considered as the Principal Applicant (PA). In this situation, the applicants would need to close the original application. Thereafter, they would need to submit a new application. In addition, they would also need to pay the new processing fees applicable for the fresh application.

The Instructions for the Case Processing Centre in Mississauga (CPC-M)

Situations could arise where the Principal Applicant (PA) passes away during the processing of the sponsorship application. In this scenario, the applicants would need to inform the Case Processing Centre in Mississauga (CPC-M) of the death of the Principal Applicant (PA).

Thereafter, the officer processing the application could replace the Principal Applicant (PA) with the individual identified on the application as the:

• Accompanying spouse or,
• Accompanying common-law partner

However, the officer will only do this if the individual is also eligible for sponsorship as a member of the Family Class by the sponsor.

Officers at the Case Processing Centre in Mississauga (CPC-M) would need to request for:

• An updated sponsorship application and,
• An updated IMM 0008

However, they will not charge any additional fees for this.

In addition, applicants must note that the lock-in date for age of dependent children will not change. It will remain the date on which the Case Processing Centre in Mississauga (CPC-M) originally received:

• The complete sponsorship application and,
• The associated fees

The Instructions for the Visa Offices

The visa officer processing the application has the authority to replace the Principal Applicant (PA) with the individual identified on the application as the:

• Accompanying spouse or,
• Accompanying common-law partner

However, the officer will only do this if the individual is also eligible for sponsorship as a member of the Family Class by the sponsor. In addition, the applicants would need to inform the visa office about the death of the Principal Applicant (PA). Only then would the visa officer go about replacing the name of the Principal Applicant (PA).

Visa officers would need to request for:

• An updated sponsorship application and,
• An updated IMM 0008

However, they will not charge any additional fees for this.

In addition, applicants must note that the lock-in date for age of dependent children will not change. It will remain the date on which the Case Processing Centre in Mississauga (CPC-M) originally received:

• The complete sponsorship application and,
• The associated fees

The Instructions to Follow In Case the Spouse or Partner is Not Eligible

In some situations, the officers might determine that the individual identified on the application is not eligible. This would typically be the individual identified on the application as the:

• Accompanying spouse or,
• Accompanying common-law partner

For instance, this individual could be a step-parent or a step-grandparent of the sponsor.

In this scenario, the officers could consider various humanitarian and compassionate factors. They could use these factors for assessing the familial relationship between the sponsor and the step-parent. Some typical questions that officers could question in this situation include:

• Was the step-parent part of the sponsor’s formative years or,
• Did the step-parent marry the Principal Applicant (PA) during the past year

The Instructions for the Global Case Management System (GCMS) / Computer Assisted Immigration Processing System (CAIPS)

The situation described in this Operational Bulletin (OB) is undoubtedly unique. Because of this, officers would need to follow the instructions given for dealing with these cases in the:

• Global Case Management System (GCMS) and,
• Computer Assisted Immigration Processing System (CAIPS)

The Instructions Applicable at Visa Offices

• The officer would need to withdraw the file
• Thereafter, the officer would need to enter notes that specify that:
• The Principal Applicant (PA) has passed away
• The officer is creating a new file and,
• The officer is reallocating the fees
• The officer would also need to notify the Case Processing Centre in Mississauga (CPC-M) of the event
• In addition, the officer would need to inform the Case Processing Centre in Mississauga (CPC-M) that they require a new sponsorship

The Instructions Applicable for Cases in the Computer Assisted Immigration Processing System (CAIPS)

• The Case Processing Centre in Mississauga (CPC-M) will create all the applications in the:
• Case Processing Centre System or,
• Field Operations Support System (FOSS)
• Therefore, the officers would need to de-allocate and unreserved the fees from these systems first
• Thereafter, they would need to create a new file in the Global Case Management System (GCMS)
• The officers would need to close the file in the Computer Assisted Immigration Processing System (CAIPS) first
• In addition, they would need to show the fees as having been refunded
• Thereafter, the officers would need to contact the Case Processing Centre in Mississauga (CPC-M)
• The officers would need to request the Case Processing Centre in Mississauga (CPC-M) to create a new file in the Global Case Management System (GCMS) with the living spouse or common-law partner as the main applicant
• Thereafter, the officers would need to de-allocate the fees from the existing application and unreserved it
• Following this, the officers would need to give a status of “Transferred to GCMS” to the remaining Case Processing Centre System or Field Operations Support System (FOSS) Y-document related to the FC4
• However, they would do this only once the fees have been entirely unreserved
• After a gap of 72 hours, the fees will appear as being available in the Global Case Management System (GCMS)
• Once this takes place, the officers would need to allocate these fees to the new Global Case Management System (GCMS) file
• Situations could arise where the death of the Principal Applicant (PA) entitles the sponsor to a refund
• In this scenario, the officers would process the refund on the new application
• They would show this refund as an overpayment in the Global Case Management System (GCMS)
• However, they would do this once the fees have been re-allocated in the Global Case Management System (GCMS)

The Instructions Applicable for Cases in the Global Case Management System (GCMS)

• The officers would need to close the Global Case Management System (GCMS) file
• They would also need to show the fees as having been refunded
• Thereafter, the officers would need to contact the Case Processing Centre in Mississauga (CPC-M) and request it to:
• Refund the fees from the original Global Case Management System (GCMS) file or,
• Re-allocate the fees from the original Global Case Management System (GCMS) file
• Create a new file in the Global Case Management System (GCMS) that lists the living spouse or common-law partner as the Principal Applicant (PA)
• Then, the officers would need to re-allocate the fees to the new Global Case Management System (GCMS) file
• Situations of over payments will arise
• In this scenario, the officers at the Case Processing Centre in Mississauga (CPC-M) would need to generate the refund of extra money paid

The Instructions Applicable at the Case Processing Centre in Mississauga (CPC-M)

• There are two Global Case Management System (GCMS) FC4-related scenarios
• In the first scenario, the Case Processing Centre in Mississauga (CPC-M) initially processed the FC4 Sponsorship in the:
• Case Processing Centre System or,
• Field Operations Support System (FOSS)
• Then, the Case Processing Centre in Mississauga (CPC-M) would process the FC4 Sponsorship in the Global Case Management System (GCMS)
• After this, the Case Processing Centre in Mississauga (CPC-M) would send the FC4 Sponsorship to the team of Handling Public Monies (HPM)
• In this scenario, the officers collect the fees in the:
• Case Processing Centre System or,
• Field Operations Support System (FOSS)
• They do not collect the fees in the Global Case Management System (GCMS)
• Therefore, the officers would need to de-allocate and unreserved the fees
• This transaction will take approximately 72 hours to complete
• Following this, the officers would need to give a status of “Transferred to GCMS” to the remaining Case Processing Centre System or Field Operations Support System (FOSS) application
• The Case Processing Centre in Mississauga (CPC-M) will check the Global Case Management System (GCMS) to see if the fees are available
• If the fees are found to be available in the Global Case Management System (GCMS), the Case Processing Centre in Mississauga (CPC-M) will re-create the application in the Global Case Management System (GCMS)
• Thereafter, the Case Processing Centre in Mississauga (CPC-M) will take the fees for the application
• Once the officers have followed all these steps, they will undertake an electronic transfer of the new file
• This electronic transfer will send the new Global Case Management System (GCMS) to the mission
• Thereafter, the officers would process any refunds applicable through the new Global Case Management System (GCMS) application
• In the second scenario, the Case Processing Centre in Mississauga (CPC-M) processed the FC4 Sponsorship in the Global Case Management System (GCMS)
• After this, the Case Processing Centre in Mississauga (CPC-M) would process the fees in the Global Case Management System (GCMS)
• Then, the Case Processing Centre in Mississauga (CPC-M) would send the FC4 Sponsorship to the team of Handling Public Monies (HPM)
• Thereafter, the Case Processing Centre in Mississauga (CPC-M) would need to:
• De-allocate the fees
• Re-create the application
• Take the fees on the new application and,
• Refund on the new application as an overpayment
• Once the officers have followed all these steps, they will undertake an electronic transfer of the new file
• This electronic transfer will send the new Global Case Management System (GCMS) to the mission
• Thereafter, the officers would process any refunds applicable through the new Global Case Management System (GCMS) application

Further Information

Situations might arise where the officers need to access further information. In this scenario, the authorities would update the following operational manual:

• OP 2 – Processing Members of the Family Class

Questions

The officers might have further questions regarding the changes detailed in this OB. Alternatively, they might need to access further information about the changes specified in this OB.

In this scenario, they would need to contact Operational Management and Coordination at: OMC-GOC-Immigration@cic.gc.ca.

Source: Citizenship and Immigration Canada (CIC)