A family-class immigration applicant’s circumstances may materially alter in a variety of ways following the submission of their application to Immigration, Refugees and Citizenship Canada (IRCC).
For example, the sponsor’s financial circumstances can alter, or the family might welcome a new member.
The IRCC has particular procedures for sponsors and applicants to follow when any changes occur in their circumstances after submitting an initial application. These rules apply to these and similar scenarios.
Adding a family member to an already-existing application varies based on how they are related to the sponsor.
In order to add another dependent kid, sponsors do not have to go through the minimum necessary income (MNI) assessment process again. Sponsors, however, have to make sure that the newly added family passes any necessary background checks and/or medical examinations, and that they don’t forget to pay any newly applicable fees, such application processing fees.
Note: An applicant’s ability to provide for their family members they are bringing to Canada is evaluated by the MNI.
Newborn child
Family class applicants who have a newborn child “after they have been issued a permanent resident (PR) visa but before” they officially become a Canadian PR have different instructions.
In this case, the applicant can add their child to the sponsorship application when the applicable processing fee for the newborn is paid. At the same time, the applicant must ensure they have a medical examination conducted on their child as part of adding them to the application.
Changing an application’s principal applicant is only possible on sponsorship applications for a parent or grandparent, a dependent spouse or a dependent common-law partner.
This isn’t something that happens often but if, for example, a principal applicant dies after an application is submitted the principle applicant will need to be changed.
In this case, IRCC permits “the surviving spouse or partner” to be processed as the new principal applicant assuming that the new principal applicant is “a family class member in their own right” such as a parent or grandparent of the sponsor.
Stepparents and/or step-grandparents of the sponsor may also be eligible here, through an exemption at IRCC’s discretion based on an assessment of humanitarian and compassionate grounds.
What happens next
Upon determining that a sponsor is eligible to change the principal applicant on their sponsorship application, IRCC will contact the sponsor to have them send an updated version of two forms:
No additional fees need to be paid alongside this change in circumstances.
IRCC may decide to pause the issuance of PR visas to family members on a sponsor’s application if they believe the sponsor’s ‘ability to meet any of their sponsorship requirements needs reassessment.
If IRCC finds “new information suggesting that the sponsor no longer meets the income test,” the sponsor’s income may be re-evaluated.
The sponsor will then be allowed to submit “additional documents or information” to prove that their new circumstances, such as their financial situation, still enable them to act as a sponsor.
The evidence related to the sponsor’s income should cover the 12 months “preceding the date that the officer receives the new information.”
It will then be used to assess if the sponsor’s change in circumstances “is material to the visa decision.”
IRCC clarifies that it will only “issue permanent resident visas to members of the family class if a sponsorship undertaking is still in effect” after the reassessment.
Applicants and sponsors that change their relationship status while their application is being processed enter a different family class relationship category. This includes transitioning from common-law partners to spouses after marriage.
These applications do not necessarily require reassessment. However, at some point before their application is finalized, sponsors and their applicants are required to inform IRCC of this status change. This is because IRCC must continue to be satisfied that the relationship between a sponsor and an applicant is genuine and meets Canada’s legal requirements.
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