e-4955 (Citizenship and immigration)

Spousal permanent resident applications:

The Government of Canada is committed to reuniting families and has implemented several measures to support and accelerate the processing of spousal permanent resident applications. These measures include file digitization, remote processing of applications, online portals, and an increase in the number of decision-makers.

In addition, on May 30, 2024, Immigration, Refugees and Citizenship Canada (IRCC) implemented improvements to processing for spousal permanent resident applications by expanding its use of advanced analytics and other automated technology to overseas spousal and partner applications. This expands on existing automated tools to process in-Canada spousal permanent resident applications. While IRCC uses automated systems to help streamline processing These technologies are not used to refuse any applications.

Processing times for spousal permanent resident applications are improving, outside of those destined for Quebec. From October 2023 to April 2024, processing times for spousal permanent resident applications (excluding Quebec) were approximately 13 months (overseas) and eight months (in Canada), compared to 15 months and 11 months (respectively) from October 2022 to April 2023.

From October 2023 to April 2024, processing times for spousal permanent resident applications destined to Quebec were approximately 29 months (overseas) and 23 months (in Canada), compared to 26 months and 27 months (respectively) from October 2022 to April 2023.

With respect to Quebec processing times, under the Canada-Quebec Accord, the province of Quebec sets its own immigration levels, which the Government of Canada respects in the overall Immigration Levels Plan.

The governments of Canada and Quebec have a long history of collaborating to advance shared and respective immigration priorities and will continue to do so. As announced in March 2024, IRCC has started to increase the processing of family class applications destined for Quebec that have been issued a valid Certificat de sélection du Québec (CSQ) to slow down the growth of inventories and processing times relating to family reunification in that province. IRCC is dedicated to bringing families together in Quebec more quickly and will continue to work with Quebec to better align demand and their allotted levels space to help reunite families faster.

Temporary Resident Visas:

Alongside measures to speed up the processing of spousal permanent resident sponsorship applications, in May 2023, new measures were announced to strengthen family reunification. This included faster temporary resident visa (TRV) processing times for spousal permanent resident applicants; new and dedicated processing tools for spousal TRV applicants; a new open work permit for spousal and family class applicants; and open work permit extensions for open work permit holders expiring between August 1 and December 31, 2023.

The Department has maintained its commitment to family reunification. Just over half of spousal TRVs are processed within 30 days or less, which is similar to other temporary resident visas. Between December 1, 2022 and May 31, 2024, approval rates for spousal TRVs stood at approximately 63%. This exceeds the approval rates for other visitors, which stood at 57% for the same time period.

Anyone seeking to come to Canada for a short period, whether to work, study, or visit, must meet the requirements for temporary residence in Canada, as set out in the Immigration and Refugee Protection Act (IRPA) and Immigration and Refugee Protection Regulations (IRPR). Temporary resident applications are considered based on the specific facts presented in each case. The decisions are made by highly trained officers according to Canadian law.

In April 2023, IRCC posted a program delivery update that included an extensive revision of the dual intent instructions to processing officers. Language was updated in the instructions, stating that the existence of two different intents, initially as for temporary residents and eventually for permanent residence, is legitimate and should be viewed as complementary, not contradictory. A section was also added to the instructions on temporary resident to permanent resident programs, reminding officers that Canada actively promotes these programs to foreign nationals and that Canadian work experience is a strong indicator of successful settlement in Canada.

As announced in May 2023, IRCC has introduced measures to support faster TRV processing times for eligible spousal permanent resident applicants, using new and dedicated processing tools. 

Open Work Permits:

Spouses, partners, and their dependent children in Canada are able to apply for and receive an open work permit as soon as they submit a complete permanent residence application under the spouse or common-law partner in Canada class or in the Family Class (overseas). As of May 31, 2024, 852 open work permits were approved after spousal TRV approval.

Bill C-291:

Bill C-291 sought to amend IRPA to provide that a foreign national who is the subject of a family sponsorship application may remain in Canada as a temporary resident until a final determination in respect of the application is made. It also provided that they may not be refused entry to Canada as a temporary resident solely on the grounds that they have not established that they will leave Canada by the end of the period authorized for their stay, unless there is evidence of a history of non-compliance with requirements to leave Canada or any other country.

Since Bill C-291 was introduced in 2021, IRCC has implemented several measures to promote family reunification, which support the spirit of this bill.

As noted above, in April 2023, IRCC posted a program delivery update, including an extensive revision of the dual intent instructions to immigration officers. The language was revised in the instructions to officers, stating that the existence of two different intents is legitimate and should be viewed as complementary, not contradictory. 

At the same time, anyone seeking to come to Canada for a short period, whether to work, study, or visit, must meet the requirements for temporary residence in Canada, as set out in IRPA and IRPR. While temporary residence is not automatically provided to those with an open family permanent residence application, the May 2023 announcement introduced measures to facilitate the provision of temporary resident status to spouses while they wait for their permanent residence application to be processed.