Filipiniana News –
September 2013
Due to the frequent changes in Canada’s
immigration laws and regulations, it is not surprising that many people get
confused with the various legal changes and their implications. One common area of confusion relates to the
immigration applications of parents and grandparents of Canadian citizens or
permanent residents. With the creation
of the super visa, prospective sponsors of parents and grandparents tend to
think that this involves the same requirements and will automatically mean
eventual permanent residence for their sponsored family member.
It must be noted that the super visa is a
temporary resident visa which could be issued for up to a period of 10 years
and may allow the visa holder to stay in Canada as a visitor for up to two
years at a time. This is in contrast to
the regular temporary resident visas (TRV) for visitors which may be valid only
up to the expiry date of one’s passport and would allow a visitor stay in
Canada for only up to six months at a time.
Both the super visa and regular TRV holders
are allowed to apply for an extension of their visitor record from within
Canada which must be submitted prior to the expiry of the two-year (for super
visa holders) or six-month (for regular TRV holders) validity of their
visit. If their authorized stay expires
and there is still no decision on the visitor extension application, the
visitor can stay legally in Canada on implied status. Their valid authorized stay will end upon
receipt of the decision on the extension application (if refused) or on the new
expiry date of the visitor record (if the extension application is
granted).
However, the super visa is still just a
temporary resident visa that will allow the parent or grandparent to reside in
Canada as a visitor. It does not
authorize the super visa holder to work in Canada nor does it grant eligibility
for public healthcare insurance coverage in any of Canada’s provinces. In fact, one of the more costly requirements
of the super visa is that of providing at least a one year private medical
insurance coverage for the visiting parent or grandparent. There is also a requirement for the child or
grandchild in Canada to meet the minimum income threshold (Low-income cut-off
or LICO) based on the actual number of dependents. Hence the confusion that the super visa
application is also a sponsorship application.
It is not.
The term “sponsorship” strictly applies to
applications for permanent residence in Canada which is accompanied by an
undertaking from a Canadian citizen or permanent resident sponsor to be
financially responsible for the basic needs of their sponsored family
member. In the case of sponsored parents
and grandparents, the required period of sponsorship undertaking is 10
years. However, this will be increased
to 20 years when the parent/grandparent (PGP) sponsorship category is reopened
in January 2014.
Earlier this year, CIC announced the
resumption of the PGP sponsorship category on 2 January 2014 but with a number
of significant changes such as:
- An increase of 30% to the minimum necessary income to become eligible to sponsor parents and grandparents. Please note that even if one of the parents is not being sponsored, he/she will be included in the computation of the number of dependents for purposes of determining the minimum income requirement.
- The minimum necessary income must be met for the three consecutive tax years prior to submitting the sponsorship application instead of just for the previous year as in the past.
- Only documents issued by the Canada Revenue Agency will be accepted as proof of the sponsor’s income. Thus, if one’s income is under-declared for income tax purposes, this could prejudice one’s right to sponsor parents and./or grandparents under the new regulations.
- As stated, the period of sponsorship undertaking will be extended from 10 years to 20 years to reduce the chance of the sponsored parent or grandparent becoming a burden on Canada’s social welfare system.
- CIC will also implement a cap of 5,000 for new PGP sponsorship applications in 2014.
- The age of dependents will be reduced from 22 years old to 18 years old. Dependency based on continuous studies after the age limit will be removed while dependency based on a mental or physical disability will remain. This amendment will also apply to all other classes of permanent residence applications and not just to PGP sponsorship applications where there are dependent children involved.
These changes are very significant and
could potentially disqualify many prospective sponsors of parents and
grandparents. The increased income
requirement for the previous three years could prove quite onerous for many,
especially those with several existing dependents.
For instance, a sponsor who is single and
childless and wishes to sponsor both parents will need an annual minimum income
of $46,354 for each of the last three years.
On the other hand, a married sponsor with three dependent children in
Canada who wishes to sponsor parents will need to meet the minimum necessary
income for 7 persons or $80,152 based on the 2013 low-income cut-off (LICO)
figures plus 30%. The LICO figures are
changed annually and are expected to increase further in 2014.
The recently publicized results of the
National Household Survey indicate that the current average Canadian income is
$38,700. Thus, a Canadian earning the
average income will be disqualified from sponsoring parents or grandparents
under the new regulations. This means
that average-earning Canadians will be deprived of benefiting from the
important immigration objective of family reunification.
Although the super visa option remains a
less onerous alternative (due to the slightly less stringent income requirements),
the high cost of medical insurance is still a big hindrance for many. Thus, the bigger issue seems to lie in the
resulting discrimination based on age and financial status, among other serious
problems arising from these changes.
The above are for legal information
purposes only and not intended to provide specific legal advice. It is best that you consult with an
immigration legal professional to discuss your particular circumstances.
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