Family reunification

Updated position on Definition of the family

Resolution number
3
Whereas
  1. The legal definition of family used in the Canadian immigration system is an impediment to family reunification;
  2. The current definition of the family in immigration law is based on a traditional, first-world (Western or Global North) and heterosexist vision of the family. In effect, this definition is narrow and discriminatory;
  3. As soon as a dependent person does not meet the current family definition criteria, the application is rejected;
  4. Past CCR resolutions on family reunification that touch on the definition of family, including the November 2011 resolution: "An increased commitment to family reunification", do not include the reality of LGBTQ+ immigrants and other social groups.

 

Therefore be it resolved

that the CCR:

  1. Supports a definition of family that takes into account the family realities observed in various cultural communities and other family dependency situations (multigenerational family, de facto child, brother and sister, etc.), as well as the specific realities of other diverse social groups, including the families of people from LGBTQ+ communities.

 

Task Force on Family Reunification

Resolution number
13
Whereas
  1. Resolution 15 of May 1992 established a task force to inquire into problems being experienced by refugees with respect to family reunification;
  2. The Task Force on Family Reunification's report was released in August 1995;
  3. The CCR remains deeply concerned over the barriers to speedy family reunification for refugees;
Therefore be it resolved

that the CCR:

  1. Endorse the report in principle;
  2. Call on the government to respond immediately to the concerns raised in the report;
  3. In particular endorse and call for swift action on the following recommendations:

R1.Spouses and dependent children of refugees in Canada should be granted a “derivative status” immediately upon positive determination of the refugee claim, on the basis of which they could proceed to Canada.  All processing of their permanent residence applications, including medical examinations, would be conducted in Canada, in parallel with the refugee's application.

R6.As a matter of principle, the benefit of the doubt with respect to family relationship should be given to refugees applying to sponsor their families.  Visa officers should be encouraged to use flexibility in assessing evidence of relationships and should take into account the delays and costs involved in requesting further proofs.

R14.Where spouse and children of a refugee claimant in Canada are themselves clearly in need of protection, they should not have to wait until the refugee claim is determined and the applications for permanent residence can be processed.  In such cases, visa officers should be directed to issue visas allowing the family to travel to Canada on an urgent basis.

R15.Where children of a refugee or refugee claimant in Canada are without adult care-giver, visa officers should be directed to take a proactive approach to ensure that the children have proper adult protection.  Where such protection is not available, arrangements should be made for them to join the parent in Canada without delay.

R16.Where women in need of protection in third countries have a clear connection to Canada and are likely to benefit by being united with real or de facto family members in Canada, they should be granted asylum in Canada.

R18.Additional visa post resources should be devoted to Africa.  This should be done by reallocating existing resources from regions with relatively light workloads.

R19.Serious consideration should be given to sending “flying teams” of visa officers on a temporary basis to areas where there is a need for additional resources.

R20.For refugees, eligibility of a child for landing based on the 19 year age limit should be determined as of the date of filing of the refugee claim by the parent in Canada, where the child is identified in the parent claimant's PIF.

R23.The present 19 year age limit for dependent children should be treated as a rebuttable presumption rather than an absolute limit.  Where it can be demonstrated that an unmarried child over the age of 19 is dependent on a Convention refugee in Canada, such child should be eligible to be included on the refugee's landing application.

R27.Children who are de facto members of a family unit that is applying for landing in Canada should be included in the family unit notwithstanding that such child may not have been legally adopted by the family.  A de facto adopted child should not be permitted subsequently to sponsor his or her natural parents for landing as members of the family class  (except where the natural parents who have been presumed dead are subsequently located and wish to be reunited with their child.)

R29.The special programs should be revived and updated to allow refugees in Canada to sponsor members of their extended family who find themselves in desperate situations.

R31.The government should take measures to ensure that family reunification for refugees is not obstructed or delayed by the existence of the various fees for landing.

R32.The government should give priority to finding some resolution for the thousands of refugees unable to be landed for lack of satisfactory identity documents.

  1.  Urge its members to study and endorse the report and raise its recommendations in correspondence with the government.
Working Group

Death of the sponsor

Resolution number
3
Whereas
  1. CIC stops processing a permanent resident application upon the death of the applicant, and stops processing a sponsorship application upon the death of the sponsor;
  2. Stopping the process affects family members who are included as dependants in the application;
  3. Canada has an obligation to consider the best interests of affected children and act in accordance with humanitarian and compassionate principles.
Therefore be it resolved

that the CCR call on CIC, in the case of the death of the sponsor or principal applicant, to ensure that:

  1. The permanent residence application is processed to completion taking into account the best interests of the child and other humanitarian and compassionate considerations.
  2. If the persons concerned are in Canada this processing be completed prior to potential removal.

Eliminate income requirement for Family Reunification

Resolution number
2
Whereas
  1. Family  reunification is a central objective of the immigration programs of Canada and Quebec;
  2. Canada has signed and ratified international conventions which affirm the principle of family unity and that the family is entitled to protection by society and the state;
  3. These positions are affirmed in CCR’s Family reunification Resolution of June 1997, Increased commitment to family reunification Resolution of November 2011 and several other CCR resolutions;
  4. Proof of minimum income requirement is already exempted for certain family members such as spouse, common-law partner, conjugal partner or dependent child;
Therefore be it resolved

that the CCR call on the governments of Canada and Quebec to abolish the minimum income requirement for all classes of family class sponsorship.

Age of Dependency

Resolution number
2
Whereas

The Government of Canada is proposing to reduce the maximum age of dependants in the Immigration and Refuge Protection Regulations from under 22 years of age to under 19 years of age;

Therefore be it resolved

that the CCR advocate that the criteria of dependency for children remain as they currently appear in the regulations (age under 22 years, full-time students and children with a disability).

DNA testing

Resolution number
16
Whereas
  1. Citizenship and Immigration Canada through its foreign missions, is requesting a large number of families to submit to DNA testing as proof of relationships prior to approval for sponsorship;
  2. The DNA tests are being requested mainly for families from Third World countries;
  3. The DNA tests are very expensive, costing over $1200 for a family of two and more for large families, thus adding a further unbearable financial and emotional burden to families already struggling to raise money to pay processing fees, the Head Tax and transportation costs, and causing unacceptable delays in family re-unification;
  4. Current statistics show that over 90% of tests done to date have proved the families' relationships;
  5. The small number of negative test results cannot justify the financial burden imposed on others by widespread testing;
  6. Too much power is being wielded by the Canadian visa posts abroad in frequently requesting these tests when no reasonable grounds for doing so have been clearly established;
Therefore be it resolved

that the CCR:

  1. Call on CIC to stop the present discriminatory practice of requesting DNA testing from people from mainly Third World countries.
  2. Strongly urge the Minister to establish and publish clear guidelines as to what constitutes reasonable grounds of doubt which would justify a request for DNA testing.
Working Group

Caregivers, Live-in Status and Family Reunification

Resolution number
4
Whereas
  1. The live-in caregiver program currently requires workers to live in the employer’s home;
  2. Living in the employer’s home creates a greater possibility for sexual and labour exploitation;
  3. The program does not allow family members to accompany the worker until they fulfill their required hours, thereby leading to family separation for a minimum period of 2 years;
Therefore be it resolved

that the CCR request that:

  1. The "live-in” requirement be removed from the conditions of the program;
  2. Caregivers’ families be allowed to accompany them or join them in Canada at any point during their participation in the program.

Visitor Visas for Parents and Grandparents

Resolution number
3
Whereas
  1. The government is introducing multiple entry visas of up to 10 years to allow parents and grandparents to visit family here as a way to address long family separations caused by processing delays;
  2. The visitors are required to purchase medical insurance in order to qualify for the visa;
  3. Canada imposes visa requirements only on some countries, mostly in the global south and those with a majority racialized population;
  4. Racialized Canadians are over-represented among those who would be most affected;
Therefore be it resolved

that the CCR demand that the government of Canada remove proof of purchase of medical insurance on the multiple ten year visas for parents and grandparents.

Increased commitment to family reunification

Resolution number
2
Whereas
  1. Family  reunification is a central objective of Canada's immigration programs
  2. The CCR has called on the government to eliminate barriers to family reunification;
  3. Extended families including parents and grandparents are important to social and economic wellbeing of families, including those of refugees and immigrants;
  4. The sponsorship of parents and grandparents have had a lower overall priority in family reunification applications for the last few years;
  5. The moratorium on these applications will close the door to some of these family members;
Therefore be it resolved

that the CCR call on the government of Canada, through CIC, to demonstrate its commitment to family reunification by:

A) rebalancing immigration levels so that families make up at least 40% of the total;

B) expanding the definition of families to reflect the realities of diverse cultural communities;

C) removing barriers to reunification by allocating the resources needed to process applications in a timely manner.

Conditional Permanent Residence

Resolution number
1
Whereas
  1. The government of Canada is proposing to introduce a specified period of conditional permanent residence for some sponsored spouses and partners;
  2. Making permanent residence for the sponsored partner conditional puts all the power into the hands of sponsor, who may use the precarity of the partner’s status as a tool for manipulation;
  3. The proposed conditional permanent residency would represent a major step backwards in Canadian immigration policy, increase inequalities in relationships between spouses, and put women in particular at heightened risk of violence and exploitation;
Therefore be it resolved

that the CCR oppose conditional permanent residence for sponsored spouses and partners.