Temporary Public Policy to facilitate permanent residence to foreign nationals affected by the conflict in Sudan

[Lemo90]

Hi Everyone,

IRCC recently issued a new public policy to launch humanitarian pathway for the people affected by the conflict in Sudan. The policy can be found in the following link:
https://www.canada.ca/en/immigration-refugees-citizenship/news/2023/12/canada-to-launch-humanitarian-pathway-for-people-affected-by-the-conflict-in-sudan.html

My question relates to the following requirement that is applicable to the anchor under Annex A:
"The anchor: 1. is a Canadian citizen or permanent resident who is 18 years of age or older"

I am a permanent resident, however, my PR card is expired and I won't be eligible to apply to renew my PR card until the end of 2024 when I complete the 730 days requirement of residency inside Canada.
My question is: based on the above requirement, can I apply to sponsor a family member under this program even though my PR card is expired since I still have a PR status? or do I have to renew my PR card first?

Thank you all in advance for your thoughts, feedback, help and support.

 

[Abdii1996]

Hello,
To my knowledge as long you have a PR status, the expiry of PR Card won't effect you. My question for you, does the family member has to be in Sudan or the family member could be in Sudan-neighbouring countries like South Sudan or Chad?

 

[armoured]

I am a permanent resident, however, my PR card is expired and I won't be eligible to apply to renew my PR card until the end of 2024 when I complete the 730 days requirement of residency inside Canada.
My question is: based on the above requirement, can I apply to sponsor a family member under this program even though my PR card is expired since I still have a PR status? or do I have to renew my PR card first?

It sounds to me like you are saying that you are not in compliance with the residency obligation.

How many days have you been OUTSIDE of Canada in the last five years? Count as of today. (Or days in Canada if you prefer)

If you are out of compliance, the general rule for sponsorship (eg for spouses, children) is that you risk them looking at the number of days and ... worst case ... declaring you inadmissible. (Which could lead to losing PR status)

We do not know about this program as it is new. Most likely, one of the requirements is that the sponsor cannot be inadmissible.

How big a risk this is, I don't know. My understanding is that in some cases of spousal sponsorship, they have a tendency to just 'sit' on the application for a while, sometimes a long while, and then process later (IF the sponsor does not then leave the country). But the more out of compliance you are, the higher the risk.

 

[Lemo90]

Hello,
To my knowledge as long you have a PR status, the expiry of PR Card won't effect you. My question for you, does the family member has to be in Sudan or the family member could be in Sudan-neighbouring countries like South Sudan or Chad?

As per my understanding, the family member doesn't have to be inside Sudan at the time of the application. However, they must have been inside Sudan when the war started on April 15th, 2023.

 

[Lemo90]

It sounds to me like you are saying that you are not in compliance with the residency obligation.

How many days have you been OUTSIDE of Canada in the last five years? Count as of today. (Or days in Canada if you prefer)

If you are out of compliance, the general rule for sponsorship (eg for spouses, children) is that you risk them looking at the number of days and ... worst case ... declaring you inadmissible. (Which could lead to losing PR status)

We do not know about this program as it is new. Most likely, one of the requirements is that the sponsor cannot be inadmissible.

How big a risk this is, I don't know. My understanding is that in some cases of spousal sponsorship, they have a tendency to just 'sit' on the application for a while, sometimes a long while, and then process later (IF the sponsor does not then leave the country). But the more out of compliance you are, the higher the risk.

You are right. As of Today, I am not in compliance with the 730 days residency obligations.
Including Today, I have been inside Canada for 441 Days in the past 5 years.

Initially, I had intended to complete my residency obligations in December before applying for PR card renewal. However, given the war situation in Sudan and this new program which offers limited number of accepted applications (i.e. 3250 accepted applications) which means if I waited until December to renew my PR card, most probably the program would have reached it is accepted application limit by then.

My question, given the number of days I have stayed in Canada so far and the fact that I am currently working in Canada and have rented a place, doesn't all that provide sufficient evidence that I intend to reside in Canada of the foreseeable future?

Many thanks for your input and advice in advance Armoured and apologies for the very late response as I was travelling.

 

[armoured]

You are right. As of Today, I am not in compliance with the 730 days residency obligations.
Including Today, I have been inside Canada for 441 Days in the past 5 years.

Initially, I had intended to complete my residency obligations in December before applying for PR card renewal. However, given the war situation in Sudan and this new program which offers limited number of accepted applications (i.e. 3250 accepted applications) which means if I waited until December to renew my PR card, most probably the program would have reached it is accepted application limit by then.

My question, given the number of days I have stayed in Canada so far and the fact that I am currently working in Canada and have rented a place, doesn't all that provide sufficient evidence that I intend to reside in Canada of the foreseeable future?

Many thanks for your input and advice in advance Armoured and apologies for the very late response as I was travelling.

I can only give my impressions and you may wish to consult a lawyer.

-The PR card or not is irrelevant, the days-in-Canada part is what matters. (I mean it is related in that you aren't applying for the PR card until you have enough days, I'm just underlining this point)
-You have not stated but I think it's important: of these 441 days, how much are recent (like in the last 12 months)?
-When did you first become a PR?
-Do you still travel abroad / need to travel abroad?

Overall it comes down to this: when they get the sponsorship app, they MIGHT look at your status now, or they MIGHT look at it later in the process - I don't know. At that point they MIGHT just delay things (i.e. until you are in compliance) or choose not to spend time on the issue and continue processing (a question here is we do not know how long the applications under this will take).

There's a procedural question to which I do not know the answer, which is how soon in the process they evaluate the sponsor's eligibility and how much in detail (i.e. whether they actually look at RO compliance at early stage or not - it being better for you if later - and my guess is that it's likely earlier in the process).

Or they COULD look into it and decide to spend more time on you and even go so far as to write a report for non-compliance. This could result in you losing PR status (subject to appeal, of course).

You may gather from my questions that I think there's some factors which might impact how they look at your case. Including how well settled you are in Canada, whether you have any other history of issues with IRCC, etc. Another factor could be how you first came to Canada (refugee? Have you travelled to Sudan in the interim, since becoming a PR?).

I understand the trade-off you are asking about (apply early to be sure to get in within the numerical cap, or later); my guess is that it actually would be better for you to apply later - ideally when you are in RO compliance, or at least closer to being in ccompliance.

Again, these are my thoughts and I'm not an expert and it's your life, so beware. It really would be better if you consult a lawyer.

 

[Lemo90]

I can only give my impressions and you may wish to consult a lawyer.

-The PR card or not is irrelevant, the days-in-Canada part is what matters. (I mean it is related in that you aren't applying for the PR card until you have enough days, I'm just underlining this point)
-You have not stated but I think it's important: of these 441 days, how much are recent (like in the last 12 months)?
-When did you first become a PR?
-Do you still travel abroad / need to travel abroad?

Overall it comes down to this: when they get the sponsorship app, they MIGHT look at your status now, or they MIGHT look at it later in the process - I don't know. At that point they MIGHT just delay things (i.e. until you are in compliance) or choose not to spend time on the issue and continue processing (a question here is we do not know how long the applications under this will take).

There's a procedural question to which I do not know the answer, which is how soon in the process they evaluate the sponsor's eligibility and how much in detail (i.e. whether they actually look at RO compliance at early stage or not - it being better for you if later - and my guess is that it's likely earlier in the process).

Or they COULD look into it and decide to spend more time on you and even go so far as to write a report for non-compliance. This could result in you losing PR status (subject to appeal, of course).

You may gather from my questions that I think there's some factors which might impact how they look at your case. Including how well settled you are in Canada, whether you have any other history of issues with IRCC, etc. Another factor could be how you first came to Canada (refugee? Have you travelled to Sudan in the interim, since becoming a PR?).

I understand the trade-off you are asking about (apply early to be sure to get in within the numerical cap, or later); my guess is that it actually would be better for you to apply later - ideally when you are in RO compliance, or at least closer to being in ccompliance.

Again, these are my thoughts and I'm not an expert and it's your life, so beware. It really would be better if you consult a lawyer.

Hi Armoured.

Many thanks for your prompt response.

I first came to Canada as a PR holder. I did my soft landing in January 2018. and most of my 441 days are recent as I moved permanently to Canada in January 2023 (365 Days in the last 12 months).

I don't intend to travel aboard until I meet my residency obligation and renew my PR card in December 2024.

Based on my understanding, the processing of applications under this program is expedited given the war situation in Sudan, most probably within 4 months of the application.

Additionally. given the war situation in Sudan, is it even possible they terminate my PR status? in that case I would be deported to a war zone. Is that something they likely to do?

Best Regards,

 

[armoured]

I first came to Canada as a PR holder. I did my soft landing in January 2018. and most of my 441 days are recent as I moved permanently to Canada in January 2023 (365 Days in the last 12 months).

I don't intend to travel aboard until I meet my residency obligation and renew my PR card in December 2024.

Based on my understanding, the processing of applications under this program is expedited given the war situation in Sudan, most probably within 4 months of the application.

Additionally. given the war situation in Sudan, is it even possible they terminate my PR status? in that case I would be deported to a war zone. Is that something they likely to do?

Remaining in Canada / being settled now are positives, no question.

Beyond this, I don't feel comfortable giving advice. Others might feel more comfortable, and particularly professionals.

The issue really does boil down to whether and how strictly they look at your eligibility and residency obligation as a sponsor. If you were a fair bit further along in compliance (eg 650 days or more), I would have less hesitation.

Perhaps others have insights or stronger opinions about how much of a risk of a) refusal and b) negative consequences for you the sponsor. "Others" including professionals. It's also possible that some within the Sudanese community would have some insight.

 

[Lemo90]

Remaining in Canada / being settled now are positives, no question.

Beyond this, I don't feel comfortable giving advice. Others might feel more comfortable, and particularly professionals.

The issue really does boil down to whether and how strictly they look at your eligibility and residency obligation as a sponsor. If you were a fair bit further along in compliance (eg 650 days or more), I would have less hesitation.

Perhaps others have insights or stronger opinions about how much of a risk of a) refusal and b) negative consequences for you the sponsor. "Others" including professionals. It's also possible that some within the Sudanese community would have some insight.

Many Thanks Armoured. Appreciate your valuable insight. You have open my eyes to few points that I have previously overlooked.

I will wait for others to weight in as well.