Stephan reily said:
5.12. Exclusion from membership in the family class – R117(9)(d), R117(10) and R117(11) (former OM OP 03-19)
Under both the previous legislation and under IRPA, both the applicant and the applicant's family members, whether accompanying or not, must meet the requirements of the legislation. There are no exceptions to the requirement that all family members must be declared. With few exceptions, this also means that all family members must be examined as part of the process for achieving permanent residence.
Officers should be open to the possibility that a client may not be able to make a family member available for examination. If an applicant has done everything in their power to have their family member examined but has failed to do so, and the officer is satisfied that they are aware of the consequences of this (i.e., no future sponsorship possible), then a refusal of their application for non-compliance would not be appropriate.
Officers must decide on a case-by-case basis using common sense and good judgment whether to proceed with an application even if all family members have not been examined. Some scenarios where this may likely occur include where an ex-spouse refuses to allow a child to be examined or an overage dependant refuses to be examined. Proceeding in this way should be a last resort and only after the officer is convinced that the applicant cannot make the family member available for examination. The applicant themselves cannot choose not to have a family member examined.
The intent of R117(9)(d), R117(10) and R117(11) is to ensure that persons whom the sponsor made a conscious decision to exclude (either by not declaring and/or not having the persons examined) from their own application for permanent residence cannot later benefit by being sponsored by this same person as a member of the family class.
Where, however, the applicant has declared the person and CIC chooses not to examine the family member, for example, because of an administrative decision or for policy reasons, or due to an administrative error, the family member is not excluded from membership in the family class. However, a sponsor cannot sponsor a family member if an officer determined at the time the sponsor previously submitted their application for permanent residence:
1. that the sponsor was informed that the family member could be examined and that the sponsor was able to make the family member available for examination, but did not do so, or
2. that the family member did not appear for examination when he was able to do so.
Many of the family class cases that are currently being processed have a sponsor who immigrated to Canada under the previous legislation. Under the previous legislation, certain persons either did not have to be examined as part of the application or could not be examined due to an administrative policy or decision taken by CIC.
There are two groups of persons who fall into the above category:
The family members of an applicant for refugee status did not have to be examined as part of the application. (In addition, it should be noted that under the current Regulations, i.e., R176, the non-accompanying family members of a protected person, who is seeking to remain in Canada as a permanent resident, are not required to be examined and therefore should not be excluded from the family class in a subsequent sponsorship);
Where CIC made the decision not to require examination of family members
As per R117(10), the exclusion of R117(9)(d) does not apply to an applicant where it is established that an officer determined, during the course of the sponsor’s own application for permanent residence, that this applicant (then a family member of the foreign national who later became a sponsor) was not required to be examined, as applicable, under IRPA or the former Act. The key notion operating here is whether it was the decision of the officer who, being fully advised of the existence of the family member through the truthful declaration of the foreign national who later became a sponsor, determined that it was not required that that family member be examined and did not require that the family member be examined. If the decision for non-examination was made by the officer, then R117(9)(d) does not apply in respect of that family member and that family member is not excluded.
Nevertheless, as per R117(11), R117(9)(d) does apply to an applicant if an officer determines that this applicant could have been examined during the sponsor’s own application for permanent residence, but that the sponsor chose not to make the applicant available for examination or that the applicant did not appear for examination. The choice in this situation rests with either the sponsor or the applicant (not with an officer of the Department) and, consequently, the applicant is excluded, pursuant to R117(9)(d) and R117(11), for not having the family members examined as part of the sponsor’s own application for permanent residence.
Go on page 1 of this thread you will find what is BIOGRAPHY and what NRT stands for.
counterfoil:
the part of a check, receipt, ticket, or visa that is torn off and kept as a record by the person issuing it
Undertaking Length: Is the time your sponsor is obligated to provide social assistance to you and it last 3 years.
I thought it meant that is how long they might take.
