Immigration Announcement
Refugee Group Urges Canada To Reverse Family Sponsorship Policy Change
The Canadian Council for Refugees (CCR) has publicly urged Immigration Minister Lena Metlege Diab to reinstate a public policy that let resettled refugees sponsor previously undeclared family members. The policy, in place since 2019 as an exception to paragraph 117(9)(d) of Canada’s immigration regulations, was ended without prior announcement. IRCC has not yet issued a public statement explaining the change.
What Policy Did Canada Just End?
Since 2019, a public policy has given certain resettled refugees and protected persons a way around one of the stricter provisions in Canada’s immigration regulations: paragraph 117(9)(d), which permanently bars sponsorship of a family member who wasn’t declared or examined at the time the sponsor first became a permanent resident. The policy allowed those family members, in defined circumstances, to still be sponsored for reunification in Canada. According to the Canadian Council for Refugees (CCR), a national umbrella organization for refugee and immigrant-serving groups, this policy was terminated without advance notice or public consultation.
The CCR raised its objection in an open letter addressed to Immigration, Refugees and Citizenship Canada (IRCC) Minister Lena Metlege Diab, asking that the policy be reinstated, at least on a temporary basis, while the government consults with stakeholders on a longer-term solution.
Why Does The Excluded Family Member Rule Exist In The First Place?
Paragraph 117(9)(d) was written to prevent misrepresentation in sponsorship applications, but its effect on refugees fleeing crisis conditions has long been debated. The CCR’s letter, along with a 2017 report from the House of Commons Standing Committee on Citizenship and Immigration, points to circumstances specific to refugee resettlement: children born during lengthy processing periods who go undeclared out of fear of delaying a family’s departure, or LGBTQIA+ refugees unable to safely disclose a partner in the country they’re fleeing. The 2019 policy was introduced as a pilot response to those concerns, following years of advocacy on the issue.
Without the exception in place, the CCR argues, affected families are left with humanitarian and compassionate (H&C) applications as their only route to reunification, a process the same 2017 parliamentary committee described as an ineffective remedy given its cost and low approval rate.
What Is The CCR Asking IRCC To Do?
The organization’s letter makes two specific requests: an immediate, temporary extension of the existing public policy, and a formal stakeholder consultation process aimed at developing a permanent legislative solution to replace the current on-again, off-again reliance on time-limited public policies. The CCR frames the request as consistent with public assurances it says it has separately received from IRCC officials and the Minister of Public Safety that family reunification remains a government priority.
As of this writing, IRCC has not issued a public statement detailing the rationale behind ending the policy or responding directly to the CCR’s letter. This is a developing story, and any official response from the department would materially change the picture presented here.
Who Would Be Affected If The Policy Isn’t Renewed?
The CCR’s letter identifies Government Assisted Refugees (GARs) as a population it expects to be hit hardest, since this group typically has the least access to the legal and financial resources needed to pursue an H&C application on their own. For families already navigating resettlement in Canada, the practical effect of the policy’s end, absent a renewal, would be a narrower and more expensive path to reuniting with a previously undeclared spouse, partner, or child.
Anyone currently in this situation, with a family member excluded under paragraph 117(9)(d), should get personalized advice before assuming either outcome. Policy reversals and temporary extensions are common in this specific area of immigration law, and the situation could change quickly depending on IRCC’s response to this advocacy push.
Frequently Asked Questions
What is paragraph 117(9)(d)?
A provision in Canada’s Immigration and Refugee Protection Regulations that permanently bars sponsorship of a family member who was not declared or examined when the sponsor became a permanent resident.
What did the 2019 public policy change?
It created an exception allowing certain resettled refugees and protected persons to still sponsor previously undeclared family members, despite paragraph 117(9)(d).
Has IRCC explained why the policy was ended?
As of this report, IRCC has not issued a public statement detailing its reasoning for ending the policy.
What can affected families do if the policy isn’t renewed?
A humanitarian and compassionate (H&C) application remains a possible route to reunification, though it is generally more complex, costly, and less certain than the public policy exception.
Who is the Canadian Council for Refugees?
A national umbrella organization representing organizations that work with refugees and other vulnerable immigrants across Canada.
