PART 8Refugee Classes (continued)
DIVISION 1Convention Refugees Abroad, Humanitarian-protected Persons Abroad and Protected Temporary Residents (continued)
Protected Temporary Residents
Marginal note:Protected temporary residents class
Marginal note:Member of the class
(2) A foreign national is a protected temporary resident and a member of the protected temporary residents class if the foreign national holds a temporary resident permit and
(a) became a temporary resident under a temporary resident permit for protection reasons after making a claim for refugee protection outside Canada under section 99 of the Act; or
(b) was issued a Minister’s permit under section 37 of the former Act after seeking admission to Canada under section 7 of the former Regulations or section 4 of the Humanitarian Designated Classes Regulations.
(2.1) A foreign national destined for Quebec does not become a member of the protected temporary residents class described in paragraph (2)(a) if they have not received a selection certificate from the Province of Quebec.
Marginal note:Former Act and Regulations
(3) In subsection (2), former Act has the same meaning as in section 187 of the Act and former Regulations and Humanitarian Designated Classes Regulations have the same meaning as in subsection 316(1) of these Regulations.
- SOR/2004-167, s. 48
- SOR/2009-163, s. 7(F)
Marginal note:Sponsorship agreements
Marginal note:Contents of agreement
(2) A sponsorship agreement shall include provisions relating to
Marginal note:Sponsorship requirements
(a) must reside or have representatives in the expected community of settlement;
(b) must make a sponsorship application that includes a settlement plan, an undertaking and, if the sponsor has not entered into a sponsorship agreement with the Minister, a document issued by the United Nations High Commissioner for Refugees or a foreign state certifying the status of the foreign national as a refugee under the rules applicable to the United Nations High Commissioner for Refugees or the applicable laws of the foreign state, as the case may be; and
(c) must not be — or include — an individual, a corporation or an unincorporated organization or association that was a party to a sponsorship in which they defaulted on an undertaking and remain in default.
Marginal note:Non-application of paragraphs 13(1)(a) and (b)
(1.1) Paragraphs 13(1)(a) and (b) do not apply to the document referred to in paragraph (1)(b) issued by the United Nations High Commissioner for Refugees or a foreign state.
Marginal note:Place of application
(1.2) If the foreign national has chosen to have their application for a permanent resident visa attached to the sponsorship application in accordance with paragraph 140.2(1)(b), the sponsor must send the sponsorship application and the application for a permanent resident visa to the Department’s Case Processing Centre in Canada for processing those applications.
(2) The undertaking referred to in paragraph (1)(b) shall be signed by each party to the sponsorship.
Marginal note:Joint and several or solidary liability
(3) All parties to the undertaking are jointly and severally or solidarily liable.
Marginal note:End of default
(4) A party or a sponsor who defaults on an undertaking ceases to be in default
(a) in the case of a sponsor who defaults on a financial obligation, when the sponsor has reimbursed the government concerned, in full or in accordance with an agreement with that government, for amounts paid by the government;
(b) in the case of a party, other than an organization or association, who defaults on a financial obligation, when the defaulting party has reimbursed any other party to the sponsorship, in full or in accordance with an agreement with that party, for amounts paid by that party;
(c) in the case of a sponsor who defaults on a non-financial obligation, when the sponsor satisfies an officer that they are in compliance with the obligation; and
(d) in the case of an organization or association that was a party to a sponsorship and defaulted for any reason, when a period of five years has elapsed from the date of default.
- SOR/2009-163, s. 8(F)
- SOR/2012-225, s. 9
- SOR/2014-140, s. 15
Marginal note:Approval of application
(a) the sponsor has the financial resources to fulfil the settlement plan for the duration of the undertaking, unless subsection 157(1) applies; and
(b) the sponsor has made adequate arrangements in anticipation of the arrival of the foreign national and their family members in the expected community of settlement.
Marginal note:Duration of sponsor’s undertaking
(2) Subject to subsection (3), the duration of an undertaking is one year.
Marginal note:Officer’s determination
(3) An officer may, on the basis of the assessment made under paragraph 139(1)(g), require that the duration of the undertaking be more than one year but not more than three years.
Marginal note:Revoking approval
155 An officer shall revoke an approval given in respect of an application under section 154 if the officer determines that the sponsor no longer meets the requirements of paragraph 154(1)(a) or (b) or is ineligible under subsection 156(1).
Marginal note:Ineligibility to be a party to a sponsorship
(a) a person who has been convicted in Canada of the offence of murder or an offence set out in Schedule I or II to the Corrections and Conditional Release Act, regardless of whether it was prosecuted by indictment, if a period of five years has not elapsed since the completion of the person’s sentence;
(b) a person who has been convicted of an offence outside Canada that, if committed in Canada, would constitute an offence referred to in paragraph (a), if a period of five years has not elapsed since the completion of the person’s sentence imposed under a foreign law;
(c) a person who is in default of any support payment obligations ordered by a court;
(d) a person who is subject to a removal order;
(f) a person who is detained in any penitentiary, jail, reformatory or prison.
Marginal note:Exception if pardoned
(2) For the purpose of paragraph (1)(a), a sponsorship application may not be refused on the basis of a conviction in respect of which a pardon has been granted and has not ceased to have effect or been revoked under the Criminal Records Act, or in respect of which there has been a final determination of an acquittal.
- SOR/2010-195, s. 14
Marginal note:Joint assistance sponsorship
157 (1) If an officer determines that special needs exist in respect of a member of a class prescribed by Division 1, the Department shall endeavour to identify a sponsor in order to make the financial assistance of the Government of Canada available for the purpose of sponsorship. A sponsor identified by the Department is exempt from the financial requirements of paragraph 154(1)(a).
Marginal note:Definition of special needs
(2) In this section, special needs means that a person has greater need of settlement assistance than other applicants for protection abroad owing to personal circumstances, including
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