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Sponsorship Agreement
January 14, 2003
Between the Government of Canada and as represented by the Minister
of Citizenship and Immigration Canada and the ___________________________________.
1. AGREEMENT
The following documents and any amendment thereto form the Agreement
between the Department of Citizenship and Immigration Canada (CIC) and
the Sponsorship Agreement Holder (SAH):
The Sponsorship Agreement
- Appendix 1 – Financial Guidelines
- Appendix 2 – Communication
- Appendix 3 – Reporting
- Appendix 4 – Joint Assistance Sponsorship Program
2. PREAMBLE
Canada’s refugee resettlement program is one means by which we express
our humanitarian traditions with respect to the displaced and the persecuted.
This Agreement provides an opportunity for the voluntary sector to extend
Canada’s capacity to resettle Convention Refugees (CRs) and Humanitarian-Protected
Persons Abroad (HPAs) (henceforth referred to as “refugees”), through
the Private Sponsorship of Refugees Program (PSRP) and through supporting
government resettlement initiatives.
Through the provisions of the Immigration and Refugee Protection Act
(IRPA) and its Regulations (IRPR), CIC encourages Canadian public involvement
in the resettlement of refugees whose admission depends upon the support
of a sponsor. The authority for the two parties to enter into this Agreement
is found in section 152 of IRPR.
SAHs are continuing a tradition of dedication by the voluntary sector
to resettle and integrate refugees into Canadian society. Through their
offers of financial and moral support, they provide refugees with a foundation
on which to build their new lives in Canada. SAH involvement and
enthusiasm demonstrates a commitment to continuing Canada’s humanitarian
traditions.
For more information on the PSRP, consult IRPA, IRPR, the Inland Processing
Chapter (IP3) and the Overseas Processing Chapter (OP5) of the CIC Manuals
and the Guide to the PSRP.
3. PRINCIPLES
- The purpose of this Agreement is to define the responsibilities of
parties under the PSRP.
- The PSRP is a symbiotic partnership between SAHs and CIC wherein
each relies on the other to fulfill their responsibilities in order
for the program to succeed. Both parties will act in good faith in
the implementation and administration of this Agreement.
- The SAH may submit undertakings of support for refugees referred
either by CIC or by sponsors.
- CIC may refer refugees who require private sponsorship to a SAH for
its consideration.
- The refugees who are sponsored under the PSRP are in addition to
the number of government assisted refugees (GARs) CIC resettles in
Canada each year.
- The refugees who are sponsored under the PSRP will not be required
to take membership in, volunteer for or participate in activities,
meetings or functions associated with the sponsoring group in order
to receive care, lodging and settlement assistance.
- The partnership created by this agreement provides a framework where
SAHs may collaborate with CIC to respond to special measures, United
Nations High Commissioner for Refugees appeals and other emergency
situations.
- SAHs will not profit financially through the sponsorship of refugees.
- In view of the emotional and financial link of de facto dependants
to their extended family, it is CIC’s policy to keep family units intact.
- Any discussion or proposal to change regulations that affect this
agreement will consider both the principles stated in this agreement
and the best interests of the private sponsors, the refugees and CIC.
4. DEFINITIONS
BLENDED SPONSORSHIP:
A sponsorship undertaking whereby both CIC and a SAH contribute to the
financial support of the refugee(s). The period of financial support
during which each party contributes is established with the agreement
of both parties. The SAH has responsibility for the reception and settlement
assistance for the refugees for the term of the sponsorship. Other responsibilities
such as start-up-costs may also be undertaken by the sponsor.
CARE:
The provision of food, clothing, local transportation costs and other
basic necessities of life to the refugees.
CONSTITUENT GROUP (CG):
A group authorised in writing by the SAH to act on its behalf in sponsoring
refugees. Refer to section 138 “group” of IRPR.
COSPONSOR:
An individual or organisation that partners with an SAH to share responsibility
for an undertaking. Derived from the meaning of “group” as found in Section
138 of IRPR.
DEPUTY HEAD OR ITS DELEGATE:
The Deputy Minister of Citizenship and Immigration Canada (CIC) or the
Director General of the Refugee Branch of CIC or the Director, Resettlement.
DE FACTO DEPENDANT:
A de facto dependant is a person who does not meet the definition of
family member but who is nonetheless considered by the Principal Applicant
(PA) to be an integral member of the family unit. The Visa Officer must
be satisfied that this person is dependent on the family unit in which
membership is claimed and cannot apply as a family member. The dependency
may be emotional or economic and will often be a combination of these
factors. Such a person would normally, but not exclusively, reside with
the PA as a member of the same household and must be the dependants of
a PA who has been determined to be a member of one of the three refugee
classes. The de facto dependant must also meet the definition of refugee
in his own right even when a dependency relationship is established.
Refer to OP5 and IP3.
FAMILY MEMBER:
A family member, for resettlement purposes, is a person who can be included
on the principal applicant’s (PA) application (i.e. spouse or common-law
partner of the PA; a dependent child of the PA or of the PA’s spouse
or common law partner; and a dependent child of the dependent child of
the PA or of the PA’s spouse or common law partner regardless of whether
they are physically at the same location). Refer to Subsections 1(3)
and Section 142 of the IRPR.
GOVERNMENT:
Government of Canada as represented by the Minister of Citizenship and
Immigration, henceforth called “Citizenship and Immigration Canada” (CIC).
GOVERNMENT-ASSISTED REFUGEE (GAR):
A refugee supported by CIC through the Resettlement Assistance Program
(RAP). GARs include both members of the Convention refugees abroad class
(CR) and members of the Source Country Class (RS), and in exceptional
cases, members of the Country of Asylum Class (RA) requiring a Joint
Assistance Sponsorship.
HUMANITARIAN-PROTECTED PERSONS ABROAD (HPA):
A person in similar circumstances to a Convention refugee (CR) who is
a member of one of the following Humanitarian-protected persons abroad
classes (HPC): Country of Asylum Class (RA) and Source Country Class
(RS). Refer to Section 146 of IRPR.
INTERIM FEDERAL HEALTH PROGRAM (IFH):
A health program established by CIC that provides temporary medical
coverage for refugees during the settlement period in Canada prior to
their qualification for provincial health care coverage. Thereafter,
refugees are eligible for partial limited coverage for the duration of
the sponsorship period where provincial health care does not cover services
provided by IFH.
IMMIGRANT LOANS PROGRAM:
A loan program established by CIC that provides admissibility, transportation,
and assistance loans to refugees and their family members. Refer to section
289 of IRPR, and the inland and overseas processing chapters IP19 and
OP17.
IMMIGRATION AND REFUGEE PROTECTION ACT (IRPA):
An Act respecting immigration to Canada and the granting of refugee
protection to persons who are displaced, persecuted or in danger which
came into effect June 28, 2002.
IMMIGRATION AND REFUGEE PROTECTION REGULATIONS (IRPR):
Detailed instructions that have been placed in Regulations to accompany
IRPA.
INLAND PROCESSING CHAPTER 3 (IP3):
A chapter of the CIC Inland Processing Manual that explains the policy
and procedures for the refugee resettlement program in Canada, including
the PSRP and Resettlement Assistance Program (RAP).
INLAND AND OVERSEAS PROCESSING CHAPTERS 19 and17 (IP 19/OP17)
Two chapters of the CIC Inland and Overseas Processing Manuals that
describe the Immigrant Loans Program and its four loan components. They
provide objectives and eligibility criteria for each loan option and
outline the procedures for processing and approving immigrant loans.
These chapters also include guidelines for assessing loans for approval
as well as guidelines for counselling loan applicants.
INDIVIDUAL AGREEMENT
The particular agreement that an individual SAH signed with CIC.
JOINT ASSISTANCE SPONSORSHIP (JAS):
A joint undertaking by a SAH or one of its CGs and CIC to sponsor GARs
requiring special assistance and whose admissibility depends upon this
additional support to become established. Refer to Section 157 of IRPR,
IP3 and OP5 for details.
LETTER OF APPROVAL:
A letter signed by a person authorised to sign on behalf of the SAH,
authorising a SAH’s CG or cosponsor to enter into an undertaking to sponsor
refugees on its behalf.
LIMITED INDIVIDUAL AGREEMENT:
A sponsorship agreement that establishes a limitation on the number
of persons the SAH or its CGs can undertake to sponsor in a given calendar
year. All Limited Individual Agreements include an expiry date.
LODGING:
Suitable accommodation, basic furniture and other household essentials.
MEMBER OF THE CONVENTION REFUGEE ABROAD CLASS (CR):
Has the same meaning as provided in Section 96 of IRPA and Section 145
of IRPR.
MEMBER OF COUNTRY OF ASYLUM CLASS (RA):
Has the same meaning as provided in Sections 146 and 147 of IRPR.
MEMBER OF SOURCE COUNTRY CLASS (RS):
Has the same meaning as provided in Sections 146 and 148 of IRPR.
NGO-GOVERNMENT COMMITTEE ON THE PRIVATE SPONSORSHIP OF REFUGEES (NGO-GOVT
C0MMITTEE):
A committee of elected SAH representatives and appointed CIC representatives
established in 1994 to provide an ongoing consultative mechanism for
program partners in support of the PSRP. The committee is intended to
be a facilitative mechanism and does not limit the avenues through which
representations may be made of issues of concern to any interested party.
NOTIFICATION OF ARRIVAL TRANSMISSION (NAT):
A notification sent by the visa office that provides information on
the point of origin, the port of entry, the date of arrival, the flight
details, and special requirements for the refugee(s), if any.
NON-ACCOMPANYING FAMILY MEMBER:
A non-accompanying family member is defined as a dependent family member
of a refugee who is separated from the family unit due to circumstances
beyond his/her control and is unable to travel with the principal applicant.
Refer to Section 141 of IRPR.
ONE YEAR WINDOW OF OPPORTUNITY (OYW)):
A regulatory mechanism that allows non-accompanying family members to
submit an application and be eligible to be processed in the same class
and category as the principal applicant (PA) for up to one year following
the PA’s arrival in Canada. All family members must be identified on
the PA’s application form. For more details refer to Paragraph 141(1)
(b) of IRPR, IP3 and OP5.
OVERSEAS PROCESSING CHAPTER 5 (OP5):
A chapter of the CIC Overseas Processing Manual that explains the policy
and procedures for the refugee resettlement program abroad including
the selection of government-assisted refugees (GARs) and privately sponsored
refugees (PSRs).
OVERSEAS PROCESSING CHAPTER 22 (OP22):
A chapter of the CIC Overseas Processing Manual that provides an understanding
of the process for judicial reviews of decisions made under the Immigration
and Refugee Protection Act for which no specific right of appeal exists.
This chapter deals specifically with overseas files that are subject
to judicial review.
PRINCIPAL AGREEMENT
The Agreement negotiated between CIC and the SAH Community.
RECEPTION:
Reception is defined here as meeting the refugee upon arrival in the
community of resettlement or, when applicable, making arrangements for
the refugee’s transportation from the closest domestic airport to the
community of resettlement.
REFUGEE SPONSORSHIP TRAINING PROGRAM (RSTP):
A program of the SAHs that is funded by CIC and whose primary goal is
to provide training on the private sponsorship of refugees to SAHs, CGs,
Cosponsors, Community Sponsors and G5s.
RESETTLEMENT ASSISTANCE PROGRAM (RAP):
A contribution program established by CIC that provides basic income
support and essential services for refugees who have been admitted to
Canada as GARs.
RAP SERVICE PROVIDER
A non-governmental organization funded by CIC to provide a range of
settlement and adaptation services directly to GARs in Canada.
SELF-SUPPORTING:
The point at which a refugee no longer requires the financial support
(care and lodging) of a sponsor but may still need settlement assistance.
Refers to Paragraph 5 (d) and Appendix 1 of this Agreement.
SETTLEMENT ASSISTANCE:
The activities that facilitate the refugee’s adjustment to Canadian
society such as providing orientation to the community help with learning
an official language, assistance with finding employment, and extending
ongoing friendship, encouragement and general assistance. It also involves
informing refugees of the rights and responsibilities of permanent residents
in Canada.
SETTLEMENT PLAN:
A written plan that outlines a sponsor’s arrangements for the reception,
care, lodging and settlement assistance of the sponsored refugee(s).
SPONSOR:
A sponsor is a SAH or a CG or Cosponsor acting on behalf of the SAH.
Refer to Section 138 “sponsor” of IRPR.
SPONSORSHIP AGREEMENT HOLDER (SAH):
A Corporation incorporated under the laws of Canada or any province
thereof, that signs a Sponsorship Agreement with the Minister.
SPONSORSHIP BREAKDOWN:
An official declaration that an irreparable failure to meet the sponsorship
arrangements (care, lodging and settlement assistance) has occurred.
SPONSORSHIP DEFAULT:
A bar to sponsorship that is declared against a sponsor determined to
be liable for a sponsorship breakdown. Refer to Subsection 153(4) of
IRPR.
SPONSORSHIP REVOCATION:
A rescindment, withdrawal or cancellation of an approved undertaking
by CIC before or after the issuance of a visa. Refer to Section 155 of
IRPR.
SPONSORSHIP WITHDRAWAL:
A cancellation by a sponsor of an undertaking before the issuance of
a visa.
UNDERTAKING TO SPONSOR:
A written undertaking to the Minister to make provision for reception,
care, lodging and settlement assistance for a refugee and their named
accompanying and non accompanying family members in the expected community
of settlement for a period of 12 months (longer in exceptional circumstances
if agreed to by the SAH) from the date of arrival of the refugee or until
the refugee becomes self-supporting and no longer requires settlement
assistance, whichever is less. Refer to Sections138 “undertaking” and
141 and Subsections 154(2) and (3) of IRPR.
5. RESPONSIBILITIES: SPONSORSHIP AGREEMENT HOLDER (SAH)
In this Agreement:
- Prior to submitting the undertaking and based on available information,
the SAH will make a preliminary assessment as to whether the applicant
may meet the refugee eligibility criteria as defined in Section 139
of IRPR.
- The SAH by signing an undertaking assumes the responsibilities described
therein for each named refugee. Once submitted and approved by CIC,
the terms of the undertaking and the individuals named therein cannot
be amended or changed without the written consent of the SAH. Refer
to Sections 138 and 141 and Subsections 154(2) and (3) of IRPR.
- The SAH responsibilities under special programs, including JAS, Blended
Sponsorship and any future special programs, will vary according to
the specific terms of those programs.
- The SAH is not required to continue providing care and lodging from
the point the refugee is self-supporting but is still required to provide
settlement assistance if necessary. The SAH must resume financial support
if, at any time during the period of sponsorship, the refugee ceases
to be self-supporting.
- The SAH assumes the responsibility to select and authorise CGs and
Cosponsors. The SAH may authorise a CG and/or a cosponsor in the expected
community of settlement, through a letter of approval, to enter into
a sponsorship undertaking on its behalf with CIC. The SAH guarantees
that any CG or Cosponsor so authorised in writing has authority to
bind the corporation under the terms of this Agreement.
- The SAH must have sufficient resources and expertise to fulfil these
responsibilities and must ensure that its CGs and Cosponsors have adequate
resources and arrangements to fulfil these responsibilities.
- The SAH and any CGs or Cosponsors signing an undertaking on its behalf
will all be jointly and severally or solidarily liable. Refer to Subsection
152(3) of IRPR. The SAH is responsible for alternative arrangements
where the CG or Cosponsor does not assume these responsibilities.
- The SAH will ensure that a Settlement Plan is developed for each
undertaking and, in the letter of approval for a CG and/or cosponsor,
will indicate that the Settlement Plan has been reviewed. The SAH will
retain copies of Settlement Plans and provide CIC with a copy upon
request
- First-time SAHs (and their CGs & Cosponsors) who signed their
original Agreement with CIC after June 28, 2002 will submit a copy
of the Settlement Plan to CIC with each undertaking for the first 2
years of their Agreement.
- The SAH will provide its CGs and Cosponsors with organisational assistance,
advice, information and support required to meet the responsibilities
of the undertaking.
- The SAH is responsible for monitoring its CGs or Cosponsors and their
individual undertakings. The purpose of the monitoring will be to provide
support to the sponsor and the refugee in meeting respective commitments
and responsibilities. When issues and problems arise which could lead
to possible breakdown, the SAH will work cooperatively with CIC to
resolve them.
- The SAH will promptly advise CIC of any change in persons authorised
to sign letters of approval on behalf of the SAH and will ensure that
such persons provide CIC with a completed Sponsor Assessment Form (IMM5492).
- The SAH will report annually regarding the past year’s sponsorship
activities, and projected activities for the following year, as requested
by CIC. See Appendix 3.
- The SAH with a Limited Individual Agreement will assume the responsibility
to apply to renew its Agreement if it wants to continue to sponsor.
6. RESPONSIBILITIES: CITIZENSHIP AND IMMIGRATION CANADA (CIC)
In this Agreement:
- CIC will process undertakings of support for PSR cases in accordance
with departmental priorities as governed by the objectives set out
in section 3(2) of IRPA.
- CIC will communicate in a timely fashion with the SAH as per the
communication benchmarks set out in Appendix 2.
- CIC will provide information packages and training on PSRP.
- CIC visa officers will determine, in accordance with Section 139
of IRPR, whether the applicant is eligible and admissible for resettlement
to Canada.
- CIC visa officers will base decisions on clear and transparent criteria.
A refusal letter will refer to information provided by the applicant
and the reason(s) why their application was refused.
- CIC will provide the refugee, to the extent possible, with pre-arrival
orientation and information.
- CIC will facilitate the necessary arrangements for the refugee’s
travel from the point of departure to a domestic airport nearest to
the community of settlement in Canada.
- CIC will provide the refugee access to the Immigrant Loans Program
in accordance with Section 289 of IRPR, IP19 and OP17.
- CIC will provide refugees access to IFH from the time they arrive
in Canada pending coverage by their provincial health plans (90 days
maximum after arrival in the province). Thereafter, refugees are eligible
for partial limited coverage for the duration of the sponsorship period
where provincial health care does not cover services provided by IFH.
- CIC will consult with the SAHs through the NGO-GOVT Committee on
the PSRP and on any proposed policy, regulatory or legislative change
that is likely to affect this agreement.
- To foster mutual co-operation and respect, CIC will strive to ensure
that the regulatory and policy framework for the PSRP is always communicated
to the SAH and that the SAH is kept up to date (and given an opportunity
to provide input) respecting any changes that may need to be made from
time to time.
- CIC will report to the SAH on an annual basis on the overall sponsorship
activities of the past year. See Appendix 3.
- CIC is responsible for monitoring the SAH, their CGs or Cosponsors
and individual undertakings. The purpose of monitoring will be to provide
support to the sponsor and the refugee in meeting their respective
commitments and responsibilities. CIC will ensure that the monitoring
process is communicated with SAHs and will work cooperatively with
the SAH to anticipate and/or resolve problems or issues that may arise.
7. SPONSORSHIP WITHDRAWAL
- Sponsorship withdrawal refers to the cancellation of an undertaking
or part thereof by the sponsor before the immigrant visa has been issued.
Since an undertaking to sponsor is legally binding every attempt must
be made to fulfil the commitment regarding the sponsorship. There are
acceptable and unacceptable reasons for withdrawal. A Sponsorship Agreement
may be cancelled or suspended if a disproportionate number of withdrawals
for unacceptable reasons are made within one calendar year.
- Acceptable reasons for withdrawal of an undertaking include:
- Change in the financial status of the sponsoring group that renders
it unable to support the refugee(s) financially.
- Major change of condition, such as significant loss of membership
so great, that will prevent the sponsoring group from fulfilling
its sponsorship obligations.
- New information gained about the refugee family or their family
in Canada that will result in demands the sponsor cannot meet.
For example,
the medical condition of a family member could require special
care beyond the sponsor’s capability or the community of destination
may lack required medical facilities or specialists.
- A visa officer determines that a refugee family requires more
than 12 months settlement assistance and support to establish successfully
and the sponsor does not have the financial resources or commitment
from membership to provide that level of assistance.
- Change in relationship between a SAH and its CG or Cosponsor
that makes the original sponsorship undertaking not feasible.
- A sponsor learns that the application is no longer viable, i.e.
a refugee applicant does not meet the eligibility or admissibility
criteria.
- Lengthy processing time that exceeds the estimated processing
time for applications at that visa office.
- A sponsor has reasons to believe that the refugee will not remain
in the expected community of settlement for the duration of the
sponsorship period.
- Unacceptable reasons for withdrawal of an undertaking include:
- Withdrawing an application for a refugee in order to sponsor
another refugee.
- Change of leadership in the sponsoring group.
- Loss of membership that does not necessarily impact the group’s
ability to sponsor.
8. SPONSORSHIP BREAKDOWN
- Responsibility for a sponsorship breakdown may rest with the refugee(s),
with the sponsor, with CIC, or may not be attributable to any party.
- When an SAH has delegated its sponsorship authority to a CG and or
Cosponsor and it appears that a sponsorship breakdown is imminent and
attributable to the SAH, or CG or Cosponsor, the SAH will make all
reasonable efforts to co-ordinate alternate sponsorship arrangements.
It may transfer the sponsorship responsibility to another CG or Cosponsor
or it may assume the responsibility itself.
- CIC recognizes that lengthy processing time that exceeds the estimated
processing time at a visa office may result in the inability of the
sponsor to meet all of its obligations. In these circumstances an assessment
of breakdown will take place as per paragraph d) below.
- Responsibility for sponsorship breakdown will be assessed through
a process of consultation between CIC, the SAH, the CG and/or Cosponsor,
the refugee(s), and other relevant parties. The final determination
with respect to responsibility for a breakdown rests with CIC subject
to any review mechanisms that are in place.
- If the SAH and/or its CG or Cosponsor are not held responsible for
a breakdown of the sponsorship, the SAH and/or the CG or Cosponsor
are not held responsible for continuing financial support, whether
in the sponsoring community of settlement or elsewhere.
- Where a sponsorship breakdown has occurred as result of secondary
migration, and where the SAH and/or its CG or Cosponsor are held responsible
for the breakdown and therefore must provide continued financial support,
the SAH and/or its CG or Cosponsor will provide the financial support at
the level required in the community of sponsorship even if the refugee’s
cost of living is higher in the new community of settlement.
- If a SAH is held responsible for the breakdown of the sponsorship,
refer to Section 9 below.
9. SPONSORSHIP DEFAULT
- If the SAH and or its CG or Cosponsor are held responsible for a
breakdown, and where the refugee seeks support from CIC that would
normally be provided by the sponsor, a default will be declared against
the SAH and/or its CG and/or Cosponsor and the provisions under Subsection
153(4) of IRPR will apply.
- When a SAH is declared in default, its agreement will be suspended
until it ceases to be in default.
- When a CG and/or a Cosponsor fails to respect either a financial
or non-financial obligation in respect of an undertaking, and when
the SAH assumes the financial or non-financial obligation in order
that no default is declared by CIC, the SAH will notify CIC in writing
whether a default should be declared against the CG and/or the Cosponsor.
- When a SAH is in default, CIC will require reimbursement of funds.
provided to the PSR as a result of the sponsorship breakdown, unless
there are extenuating or exceptional circumstances.
10. SPONSORSHIP REVOCATION
- CIC will revoke the approval of the undertaking as per Section 155
of IRPR
- Where a sponsor poses a threat to the safety of the refugee,
or
- Where the sponsor is unable to provide sufficient care, lodging
and settlement assistance or cannot fulfill the responsibilities
of
the sponsorship.
- Where CIC intends to revoke the undertaking of a CG, the SAH will
be consulted and given the opportunity to make alternate arrangements
for the sponsorship.
11. CANCELLATION OR SUSPENSION OF AN INDIVIDUAL AGREEMENT
- An individual agreement remains in effect unless:
- Either party gives 90 calendar days written notice of its intention
to cancel. In cases where the SAH gives notice to cancel, no
further undertakings can be submitted by the SAH and/or its CGs
and Cosponsors after such notice is received by CIC; or
- 36 months have elapsed since the SAH and/or its CGs sponsored
any refugees under the authority of this Agreement, or
- The Deputy Head or the Deputy Head’s delegate gives written
notice that the Minister or the Minister’s delegate is of the
opinion that the SAH has contravened the terms of the Agreement.
- Subsequent to the signing of this Agreement, any action by the SAH
or by one if its CGs or Cosponsors, that is determined by CIC to be
a breach of the performance of or the compliance with any of the responsibilities
accepted through this Agreement, may result in the suspension or cancellation
of this Agreement and the revocation of outstanding sponsorships.
- Prior to a decision by CIC to suspend or cancel an Agreement, the
SAH will be given written notice of the issues that may lead to suspension
or cancellation, including the opportunity to respond to the notice
and the opportunity to rectify the situation. Suspension or cancellation
will only occur upon final written notice by the Deputy Head or the
Deputy Head’s delegate; however, a verbal notice could precede a written
notice.
12. AMENDMENT TO THE INDIVIDUAL AGREEMENT
When a significant change occurs to a SAH, which affects its ability
to meet its responsibilities in accordance with the Principal Agreement,
its individual agreement may be amended. CIC or the SAH may initiate
the amendment.
13. REVIEW OR AMENDMENT TO THE PRINCIPAL AGREEMENT
- The Principal Agreement remains in effect unless IRPA and its Regulations
or policies in effect at the time it was entered into undergo fundamental
change. Either CIC or the NGO-GOVT Committee co-chair can initiate
the process of review of the Principal Agreement in writing.
- Either CIC or SAHs through the NGO-GOVT Co-chair may request a review
of the terms of this Agreement or policies and procedures, which may
necessitate an amendment.
- Notification by either parties that the Principal Agreement needs
to be amended does not put the whole Principal Agreement up for discussion,
only the affected clauses.
- Where the Principal Agreement is amended, all undertakings already
approved are not affected.
- Notwithstanding CIC’s Annual Planning process, to which SAHs contribute
through their activity projections (See Appendix 3.2), from time to
time exceptional situations may require limiting the processing of
undertakings at a specific visa office or geographic region.
- In exceptional circumstances and as a result of CIC regional
resource constraints, CIC may place a limit for a specific period
of time on
the number of persons for whom SAHs may submit undertakings in
that geographic region.
- Prior to imposing the limit, CIC will consult with the SAH community
through the NGO-GOVT Committee, including consultation on the length
of time of the limitation and the review process on the time limitation.
Undertakings submitted prior to the imposing of the limit would
not be affected.
- Any such limitation as described in paragraph i) and ii) will
be through a time specific amendment to the Principal Agreement.
- Any limitation as described in paragraph i), ii) or iii) above
does not limit the SAHs sponsorship activities in other geographic
regions.
- During the consultations described in ii), CIC will cease from
processing new undertakings until the consultations are over.
14. CONTINUANCE OF SPONSORSHIP AFTER CANCELLATION
Any obligation of the SAH with respect to a PSR and their accompanying
and non-accompanying family member(s) who are admitted to Canada (including
those not admitted but in receipt of a positive decision from the visa
office) assumed under their Individual Agreement prior to the date of
cancellation will not be subject to the cancellation but will continue
in accordance with the terms of the Individual Agreement as if it had
not been cancelled. The cancellation will apply to all sponsorships for
persons not admitted to Canada or not in receipt of a positive decision
from a visa office.
15. REINSTATEMENT
In order to consider a request for a reinstatement of an individual
agreement that has been suspended or cancelled for cause, the SAH will
contact the Director General of Refugees Branch in writing. Reinstatement
will occur when the Deputy Head or Deputy Head’s delegate is satisfied
that the condition that gave rise to the suspension or cancellation is
rectified and that the SAH can fulfill its responsibilities under the
Principal Agreement. This may entail the review of the SAH’s performance
and most recent financial information and possibly altering or amending
the original individual agreement.
16. LIMITED INDIVIDUAL AGREEMENT
This clause pertains to a SAH which is subject to a limitation on the
number of sponsorship undertakings submitted during the individual agreement’s
validity period. Due to its numerical restriction, this individual agreement
is referred to as a “Limited Agreement”.
17. RENEWAL OF A LIMITED INDIVIDUAL AGREEMENT
Pursuant to Section 16, renewal of a Limited Individual Agreement requires
that an application for renewal be submitted to CIC. CIC will base its
decision to renew and/or to amend the individual agreement on a review
of the SAH’s performance and most recent financial information.
18. ADMINISTRATION
Provisions for the administration of this Agreement are described in
the attached appendices, which flow from the Agreement. The appendices
include:
- Financial Guidelines
- Communication
- Reporting
- Joint Assistance Sponsorship Program
19. TERMS OF THE LIMITED INDIVIDUAL AGREEMENT
The Limited Individual Agreement is valid for [number of years] from
the date that the SAH representative signs the agreement, as indicated
in the Authorization clause below. The agreement allows for a maximum
sponsorship caseload of [number of persons] over [number of years].
20: AUTHORIZATION
[Insert NAME of signatory] |
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[Insert NAME of signatory] |
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[Insert POSITION of signatory] |
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Director General |
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[Insert NAME of SAH] |
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Refugees Branch |
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[Insert CITY/PROVINCE of SAH] |
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for the Minister of Citizenship and
Immigration Canada |
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Signed this __ day of __ 20__ |
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Signed this __ day of __ 20__ |
APPENDIX 1
FINANCIAL GUIDELINES
- IRPR require the sponsoring group to have sufficient resources to
support the PSR for the period determined in the undertaking, normally
twelve (12) months.
- Varying amounts of funds to meet the basic costs of living are needed
in different areas of Canada. The level of support which sponsors are
expected to provide to the PSR(s) is equal to that of the prevailing
rates for provincial/municipal or social assistance in the expected
community of settlement. The total sponsorship costs may be reduced
through the donation of “in-kind” goods, which may include accommodation,
furniture and clothing. Where practicable, the PSR should have the
responsibility to manage his or her own financial affairs.
- The SAH will be able to adjust the financial support downward if
the PSR refuses to take a reasonable job offer.
- SAHs and CGs and Cosponsors acting on behalf of SAHs will not accept
the payment of funds from the PSR either before or after their arrival
in Canada for the submission of a sponsorship. However, the PSR’s relatives
in Canada or abroad may contribute funds to the resettlement.
- PSR have no legal obligation, and cannot be made to enter into a
legal obligation, to prepay or repay their sponsors for lodging, care
and settlement assistance. Any sponsor who attempts to secure or does
accept such prepayment or repayment will be considered by CIC to be
in contravention of this Agreement.
- Sponsors are only responsible for financial obligations that they
have agreed to in this Agreement.
- PSR with financial resources must contribute to their basic financial
support. Where PSR have financial resources, they will retain the right
to manage their own finances. SAHs will not require the PSR to submit
their funds to them to manage.
- The standards for the use of personal funds and income revenue applicable
to GARs as described in IP3 may be applied to the PSRP where PSR arrive
with personal funds or begin to generate income and/or receive entitlements
after arrival, unless the sponsor chooses to maintain a higher level
of income support.
- The SAH may recover a one-time maximum payment of $100 per application
from the CG and Cosponsor for direct administrative costs incurred
in support of the application. Direct administrative costs include
staff, rent, telephone, facsimile, postage, courier and photocopying.
SAHs must maintain for one year a record of all fees collected, including
receipts that verify related expenditures.
- A SAH or its CG or Cosponsor may establish a trust fund. A donor
to the trust fund can be an individual, a group or an organization
but must not include the PSR or funds acquired from the PSR. The individual
rights and obligations of the sponsor, trustee and donor are set out
in three different sources: Provincial law, Common Law Principles with
respect to the law of trusts and the Trust Deed, which is drafted by
the donor to establish the terms of the trust.
- It is the responsibility of the sponsor to ensure that the terms
of the trust fund, including the respective rights and obligations,
conform to the laws of the Province in which the deed is registered.
- The Trust Deed must clearly outline the terms of the trust fund which
include the identity of the beneficiary, when and how funds will be
disbursed and the outcome of the funds should the beneficiary not arrive
in Canada. The deed should also stipulate whether the trust fund is
for a specific PSR or whether it is a general charitable trust fund
for the sponsorship of any PSR.
- In the event that the refugee is not accepted for resettlement in
Canada, funds held in trust for the sponsorship of that refugee, including
all accumulated interest, must be returned to the donor.
APPENDIX 2
COMMUNICATIONS BETWEEN SAHs, CIC LOCAL OFFICES AND VISA
OFFICES
Effective communications between SAHs, local CICs inland and visa offices
abroad are essential to partnership in the PSRP. In particular, the regular
provision of processing information to sponsors can help to ensure that
processing problems are resolved quickly and efficiently.
1. PROCESSING “BENCHMARKS”
a) In-Canada:
- Local CIC offices will process sponsorship undertakings within 30
days of their receipt from the sponsor. If they are unable to meet
this estimated processing timeframe, the local CIC will notify the
sponsoring group’s contact person and indicate approximately how long
it will be before the undertaking is processed.
- Local CIC offices will inform the sponsoring group’s contact person
as soon as possible upon receipt of a Notification of Arrival (NAT)
from CIC National Headquarters.
b) Overseas
Visa offices will establish, as a matter of routine, regular communications
with SAHs. These communications will be facilitated by the use of a standard
form letter that will be used at two important “benchmarks” during the
processing of an application:
- Receipt of the refugee application for permanent residence (IMM0008)
and estimated time before an interview.
- The outcome of the selection interview, and pending the final results
of the medical, security and admissibility checks, the estimated time
to visa issuance. Refer to section 4 on Privacy below.
2. CASE INQUIRIES FROM SPONSORS
Where an SAH is in possession of new information material to the application
or relevant to the applicant’s safety, the SAH will provide the information
to the local CIC who will forward the information to the appropriate
contact at the visa office abroad. Where the processing time of a case
has exceeded the estimated processing time for the relevant processing
stage, as indicated by the local CIC office or visa office, an SAH may
wish to request a status update.
3. RESPONDING TO A NEGATIVE DECISION
- Where the application is rejected, the decision-maker will clearly
explain to the applicant, through written reasons, why the application
was refused. Sponsoring groups can assist applicants in responding
to a negative decision through the review mechanism as described below.
- IRPA does not provide for a direct appeal of a Visa Officer’s
decision on a refugee application. A refugee applicant who is refused
abroad can seek leave for judicial review before the Federal Court of
Canada (Trial Division).
- A judicial review of a decision is not an appeal on the merits of
the case. The Court cannot substitute its decision for that of the
decision-maker. Rather, the Court examines the process that led to
the decision and determines if the process was fair and reasonable.
If the Court determines that it was not, the Court may only “quash” the
decision in question and order a redetermination. Judges cannot order
which decision is to be made, although they may issue “directions” as
to how the redetermination is to be carried out. The applicant has
60 days after being notified of the decision to apply for leave and
judicial review. In certain circumstances, the Court may extend this
deadline. For more information on the judicial review process, consult
Chapter 22 of the Overseas Processing Manual (OP-22).
- A Visa officer will not revisit a decision that has already been
made. The onus is on the applicant to provide all relevant evidence
and information at their disposal in support of the application
at the time of the initial interview. If an applicant whose case has
been
refused wants to provide new information or to claim that they
are victims of changed circumstances, they must submit a new application
based on the new information. In this case, a new sponsorship undertaking
would also be required.
- Should a sponsor believe that the visa officer erred in his/her decision
to refuse a case, details may be sent in writing to the Director
of Case Review, Case Management Branch, National Headquarters, Citizenship
and Immigration Canada (CIC). The sponsor must include the Consent
to Release Form signed by the applicant.
- If a sponsor has concerns about possible misinterpretation of policies
and procedures by officials of CIC, the sponsor may contact the
Director of Refugee Resettlement, Refugees Branch, National Headquarters,
Citizenship
and Immigration Canada.
4. PRIVACY
- Refugee applicants can authorize the disclosure of information regarding
their case (e.g., reasons for refusal, details of their refugee story,
medical conditions, etc.) to their sponsor. However, the applicant’s
signed authorization allows CIC to release information on a need to
know basis only.
- If the refugee applicant does not authorize the disclosure of their
personal information to the sponsor, the sponsor can only be provided
with the overseas benchmark reporting information (IMM0008 received
/ approx. time to interview, notice of selection decision / and estimated
time to visa issuance), and the arrival date.
- If authority to disclose personal information to the sponsor is not
given the SAH or its CG or Cosponsor will not receive a copy of the
refusal letter.
APPENDIX 3
REPORTING SPONSORSHIP
AGREEMENT HOLDERS (SAH)
Each SAH is expected to maintain a tracking system that will allow it
to report the following information to CIC on an annual basis:
1. For the previous calendar year:
- total of administration fees recovered from CGs or Cosponsors (refer
to Appendix 1 (i)
- number of PSR sponsored
- number of PSR cases that were withdrawn or resulted in a breakdown.
- number of PSR cases approved and refused overseas.*
2. For the next calendar year:
- person(s) authorized to sign on behalf of the SAH and contact details
estimated number of persons to be sponsored and location if known
CITIZENSHIP AND IMMIGRATION CANADA (CIC)
CIC is expected to report on an annual basis:
For the previous calendar year:
- number of PSR arrivals
- number of GAR arrivals
- estimated processing times and refusal rates by visa office.
* The extent of reporting required may be adjusted downward by CIC depending
upon the availability of electronic data.
APPENDIX 4
JOINT ASSISTANCE SPONSORSHIP PROGRAM
Joint Assistance Sponsorship (JAS) refers to a joint undertaking by
a SAH or its CG and CIC to sponsor refugees requiring special assistance
and whose admissibility depends upon this additional support to become
established (henceforth referred to as JAS refugees). Refer to subsection
157(1) (2) of IRPR.
From time to time, visa officers interview refugee applicants who have
good long-term prospects for successful settlement and integration, but
who need more assistance than normally available for either GARs or PSRs
in their first year of settlement. These JAS refugees could have physical
or mental disabilities which could require treatment in Canada, be disadvantaged
by their refugee experience (incidents of trauma or torture, long-term
camp stays), or have unusual family configurations (single parent families
with several young children, elderly parents, families consisting only
of siblings, etc.) that could lead to socio-economic challenges during
their early settlement period.
JAS refugee cases are a shared responsibility between the SAH, CIC and
Resettlement Assistance Program (RAP) service providers. The JAS undertaking
(IMM 1324) lists the respective obligations of the partners. All partners
all encouraged to work collaboratively and may choose to modify their
respective roles in the interest of helping the refugee resettle better.
In addition, CIC agrees to provide JAS refugees access to contributions
from RAP according to program criteria.
In locations where there is no RAP service provider, CIC agrees to provide
the JAS refugees with the same services through the local CIC office. |