Replacing the Principal Applicant on an Application for Permanent Residence by a Parent or Grandparent sponsored as a member of the Family Class
Summary
When the Principal Applicant (PA) on a parent or grandparent application for permanent residence in the Family Class passes away prior to permanent residence being granted and where the sponsor makes a request, the officer may replace the PA with the individual identified on the application as the accompanying spouse or common-law partner in cases where they are also eligible to be sponsored as a member of the Family Class by the sponsor (i.e. not a step-parent or step-grandparent).
Issue
The purpose of this Operational Bulletin (OB) is to provide operational guidance to officers when the head of family passes away during the processing of a parent or grandparent application for permanent residence and the sponsor requests that the PA be replaced with the spouse or common-law partner as listed as accompanying on the application.
Background
According to R10(1)(e), when an application is submitted and there is an accompanying spouse or common-law partner, the application shall identify who is the PA and who is the accompanying spouse or common-law partner.
OP 1, Section 7.4, states that either person in a marriage or common-law relationship may elect to be the PA. PA cannot be alternated after the processing of an application begins. If applicants wish to have their spouse or common-law partners considered as the PA, the original application should be closed and a new application, including new processing fees, should be submitted.
Instructions
Case Processing Centre in Mississauga (CPC-M)
During the processing of the sponsorship application, if CPC-M is notified of the death of the PA, the officer processing the application may replace the PA with the individual identified on the application as the accompanying spouse or common-law partner, as long as they are also eligible to be sponsored as a member of the Family Class by the sponsor. CPC officers will request an updated sponsorship application and IMM 0008; however, no additional fees are required. Additionally, the lock-in date for age of dependent children does not change. It remains the date on which the complete sponsorship application and associated fees were originally received at CPC-M.
Visa Offices
Should the visa office be informed of the PA’s death during the processing of the application for permanent residence, the visa officer may replace the PA with the individual identified on the application as the accompanying spouse or common-law partner, as long as they are also eligible to be sponsored as a member of the Family Class by the sponsor. Visa officers will request an updated sponsorship application and IMM 0008; however, there would be no additional fees. Additionally, the lock-in date for age of dependent children does not change. It remains the date on which the complete sponsorship application and associated fees were originally received at CPC-M.
If the spouse or partner is not eligible
If it is determined that the individual identified on the application as the accompanying spouse or common-law partner is not eligible (a step-parent or step-grandparent of the sponsor), officers may consider humanitarian and compassionate factors in assessing the familial relationship between the sponsor and the step-parent, namely, was the step-parent part of the sponsor’s formative years or did the step-parent marry the PA in the past year?