ForumUser Posts: 540
Posted On: 11/1/2022
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I have received invitation from IRCC to submitt application for my father under Parents and Grandparents sponsorship program. I have below questions before I can proceed and upload the needed forms and information on the IRCC portal.
Individuals being sponsored under the Parents and Grandparents program, are they issued Permenant Residence upon their arrival to Canada or they are issues some sort of multiple entry visa with extended period validity?
Will province of Ontario (since their destination arrival/settlement will be Ontario) issue OHIP card to them, assuming after 3 months OHIP waiting period? My father has two sons who are 18 and 22 years old, who depend on him financially and living with my father at his house, what type of document(s) are needed to show their dependence, as you may know all transactions in Afghanistan are in cash and people never use bank transfers to pay for their children school/university fees or cost of living? Can my brother apply for OSAP under this sponsorship to pursue his education?
I understand that they can not apply for Social Assistant under this sponsorship for 20 years, cant he also not apply for Old Age Security, ODSP, etc. and how about my fathers dependents (sons), they can not apply for any type of government (provincial or fedral) assistance as well?
Thank you so much for the help and assistance you are providing. You can reach out to me at the below contact details.
Appreciate if you can please respond at your earliest convenience.
Regards,
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Moderator Moderator Posts: 4127
Posted On: 11/8/2022
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Hello,
Thank you for sharing your questions with us. Please see our individual responses to your questions set out below.
1. Are individuals being sponsored under the IRCC Parents and Grandparents program issued Permanent Residence upon arrival?
Yes - Once the application is processed and approved by IRCC, your sponsored family members would travel to Canada and be granted Permanent Resident status.
Your parent or grandparent sponsored through the IRCC Parents and Grandparents sponsorship program will be required to submit the necessary application forms. You must submit all the necessary supporting documents, forms, and relevant applications by the deadline outlined in your invitation letter. Once the application is processed and if it is successfully approved, the Canadian government will issue;
“A document confirming they have been approved to become Canadian permanent residents (this document is called a Confirmation of Permanent Residence, or COPR); and
A permanent residency visa, if required
- If the people you’re sponsoring are from countries whose citizens need a visa to travel to Canada, we’ll give them a permanent resident visa in their passport. We’ll do this even if they are already in Canada”.
Citizens of Afghanistan are required to obtain a visa to enter Canada. The government of Canada will provide a permanent residency visa upon successful completion of your father’s application in his passport. Your father will also receive a Confirmation of Permanent Residence document from the Canadian government that he must provide to the Canadian border services agent upon arrival in Canada. Alternatively, if your father is already residing in Canada, he may be required to complete a landing interview with an immigration officer to receive his permanent residence. If this is required, the government will provide instructions to book the interview.
2. Will the province of Ontario issue OHIP cards to the sponsored individuals immediately or only after the three-month waiting period?
At this time, OHIP does not have a mandatory waiting period for those who qualify. Your family members who are in Canada can apply for OHIP once the IRCC sponsorship application is submitted and the Acknowledgement of Receipt (AOR) has been issued, or once they have received permanent residency in Canada. The IRCC must confirm receipt of the application and ensure all permanent residency eligibility requirements have been met. Further, any OHIP applicant must meet the following criteria;
Be physically in Ontario for 153 days in any 12-month period;
Be physically in Ontario for at least 153 days of the first 183 days immediately after you began living in the province; and
Make Ontario your primary residence.
For additional details see: https://www.ontario.ca/page/apply-ohip-and-get-health-card#section-2 Any eligible applicant can apply for OHIP immediately upon arrival in Ontario. Applications for OHIP are available online and can be submitted with the required documents at any Service Ontario location during business hours.
3. What documents are required to show a child’s financial dependence on a sponsored parent or grandparent in this situation?
The principal applicant (your father) must submit birth certificates for each child. The IRCC requires all family members to complete medical examinations, biometric data, and to submit any other necessary documentation they request.
In order to qualify as a Dependent Child under Canada’s immigration legislation, the child must be less than 22 years of age at the time you submit your application in response to the “invitation to apply”. Additionally, a Dependent Child must not have a common-law partner or spouse.
If the child is 22 years of age or older, they must fit the following requirements to qualify as a “dependant child”;
Have depended on their parents for financial support since before they were 22; and
Be unable to support themselves financially due to a mental or physical condition.
Your father’s 22 year-old son would likely not qualify as a Dependent Child unless he cannot support himself due to a mental or physical condition. This claim would need to be supported by relevant medical documentation and we encourage you to seek the assistance of an accredited immigration lawyer or consultant, as the child could render the family “inadmissible” to Canada under s. 38 of the IRPA.
4. Can a Dependent Child apply for OSAP under this sponsorship to pursue education?
Permanent residents are eligible for OSAP. However, they must meet numerous other eligibility requirements to qualify for OSAP fully. You can learn more about these additional eligibility requirements here: https://www.ontario.ca/page/learn-about-osap#section-1.
5. Can a person sponsored under this program apply for Old Age Security and the Ontario Disability Support Program?
Permanent residents are eligible for Old Age Security (OAS) after residing in Canada for at least ten years and may qualify for the Ontario Disability Support Program (ODSP). Again, there are additional eligibility requirements besides your father’s residency status. You can learn more about these other eligibility requirements here:
OAS: https://www.canada.ca/en/services/benefits/publicpensions/cpp/old-age-security/eligibility.html OSDP: https://www.ontario.ca/page/ontario-disability-support-program-eligibility-income-support
Further, if your father arrives in Canada and applies for ODSP, it could trigger a review of the immigration application for misrepresentation. Only individuals who are generally in good health may be granted permanent resident status.
6. Can the children of a person sponsored under this program apply for any provincial or federal financial assistance?
When you apply to sponsor a parent or grandparent through this program, you are required to sign an undertaking that commits you to the following;
“...provide for the basic requirements of the sponsored person and his or her family members who accompany him or her to Canada, if they are not self-supporting. I promise to provide food, clothing, shelter, fuel, utilities, household supplies, personal requirements, and other goods and services, including dental care, eye care, and other health needs not provided by public health care. I understand that the money, goods, or services provided by me must be sufficient for the sponsored people to live in Canada… I promise that the sponsored person and his or her family members will not need to apply for social assistance.”
To sponsor your father, you must agree to this undertaking for both your father and his dependent family members who accompany him, such as his sons, for 20 years from the day his permanent residency is received. If you cannot or choose not to fulfill this contract, the Canadian Government can take action to obtain the money (i.e. keep any tax return payments, garnish wages, etc.).
Finally, if any of your sponsored family members apply for, and receive, social assistance during the time you have undertaken to be financially responsible for them, you will be required to pay these funds back to the Government. Your father’s sons would need to ensure that any aid programs they apply for are open to permanent residents and are not qualified as social assistance. You can see the general guidelines regarding what is considered social assistance here; https://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=1526&top=14.
You may wish to speak with a qualified immigration lawyer to provide any further assistance with your application or to provide you with more detailed information. To find community legal clinics in your region, please visit services near me on Settlement.Org or contact 211 and speak to a Community Resource Navigator, they may be able to refer you to community legal services near you.
211 Ontario is a free, confidential service. Their phone service is available 24 hours a day, 365 days a year. Here is a link to their live chat if you prefer to communicate online. Their live chat service is available Monday to Friday from 7am-9pm ET.
We hope that the information we provided was helpful to you. Please let us know if you have any further questions.
Sincerely,
Your Settlement.Org team
Disclaimer: This document does not contain legal advice. This document was prepared with the assistance of PBSC University of Toronto law student volunteers. PBSC volunteers are not lawyers and they are not authorized to provide legal advice. This document contains general discussion of certain legal and related issues only. If you require legal advice, please consult with a lawyer.
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Moderator Moderator Posts: 4127
Posted On: 8 days ago
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Hi there,
Thank you for sharing your question and situation with us.
IRCC offers information about sponsoring family members on their website, the 2024 intake for the parents and grandparents program closed August 2nd this year, but it could be a good idea to consider immigration pathways and how to prepare for future applications with the advice of an expert in immigration law. For advice regarding which application best suits your situation, you may want to speak to a reputable and registered immigration consultant or an immigration lawyer.
You may also find helpful information in the Settlement.Org articles, How do I find a lawyer? and What other kinds of legal help can I get? regarding this process. You can connect with a community resource navigator at 211 to narrow your search, 211 Ontario is a free, confidential service. Their phone service is available 24 hours a day, 365 days a year. Here is a link to their live chat if you prefer to communicate online. Their live chat service is available Monday to Friday from 7am-9pm ET.
We hope this information is helpful.
Sincerely,
Your Settlement.Org team
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