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Expected to Work/Barriers to Full Employment Policy & Procedures

Published Date: December 19, 2019
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04 Special Groups

Persons with Immigration Status

General Eligibility

AUTHORITY
Income Support, Training and Health Benefits (ISTHB) Regulation, sections 10, 13, 28, 75 and 77


POLICY

The following table is a summary of IS eligibility for the more common types of immigration status based on current Immigration, Refugees and Citizenship Canada (IRCC) terminology and immigration conditions.

Immigrant Status

Conditions for IS Eligibility

Permanent Resident

Family Classes
(FC/Sponsored Immigrants

FC1   Spouse
FC2   Fiancé
FC3   Son/Daughter
FC4   Parents and   grandparents
FC5 Orphaned brother/sister/nephew/ niece/grandchild
FC6 Child to be adopted
FC7 Other relative
FC9 Child adopted by a Canadian Citizen or permanent resident
FCC Common-law partner (same or opposite sex)
FCH Member of the family class but the person was permitted forward for reasons of humanitarian or for public policy reasons

Sponsors must sign a Sponsorship Undertaking to be financially responsible for the sponsored immigrant and their dependents for the duration of the sponsorship.

  • Prior to April 1997, sponsorship undertakings were valid for between 1 to 10 years.
  • After April 1, 1997, family sponsorships were for a 10-year period.
  • After June 28, 2002 the period of sponsorship varied from 3 to 10 years.
  • Effective January 1, 2014 the period of sponsorship varies from 3 to 20 years, depending on the age and relationship of the sponsor to the sponsored immigrant.

The circumstances under which a sponsored immigrant may be eligible for IS.

  • Sponsor has abandoned the immigrant and the worker is satisfied the immigrant has made reasonable efforts to secure financial support from the sponsor
  • Applicant has been neglected or abused by the sponsor
  • Sponsor has been proven unable to provide financial support

Economic Classes

Business Immigrants:
EN = Entrepreneur
NV = Investor
SE = Self-Employed
LC = Live In Caregivers
PV = Provincial Nominee
SK = Skilled Workers
ND = Independent (pre-IRPA)
AR = Assisted Relatives (pre-IRPA)
PH1 = Permit Holders (applying for permanent residency)

Immigrants who are in economic classes may be eligible for IS providing they meet all eligibility criteria; however, the reason they were eligible to immigrate to Canada was that they had sufficient funds to be self-supporting in Canada (therefore their finances would have been thoroughly reviewed).

Temporary Resident

Foreign Workers

Not eligible for IS

Foreign (International) Students

Not eligible for IS

Visitors/tourist

Not eligible for IS, including children

Temporary Resident Permit Holders (formerly Minister’s Permit)

Not eligible for IS

Exception:  individuals approved by the Alberta Government, and those individuals who have been recognized as Victims of Human Trafficking by Immigration, Refugees and Citizenship Canada (IRCC).

Other

Immigrant Children/
Non-Canadian Children

When one parent meets IS eligibility criteria, dependent children are eligible for IS.

Children on visitor or tourist visas are not eligible for IS.

Persons in Canada Illegally

Not eligible for IS


Family Class (Sponsored Immigrants)

Canadian citizens or permanent residents of Canada may undertake to sponsor a family member under the Family Class status of the Immigration and Refugee Protection Act (IRPA).  The period of sponsorship varies depending on the relationship with the sponsor and the age of the sponsored person.  Undertakings begin upon the person's entry into Canada and continue from the date the person became a permanent resident until the duration listed in the Sponsorship Undertaking has ended.

Note
A notation about the duration of sponsorship undertaking should be in the Remarks section (#39) on the IMM 5292 Confirmation of Permanent Residence. In the case of the IMM 1000 Immigrant Visa or Record of Landing, the duration will almost always be 10 years.  For those clients who provide a Permanent Resident Card, there will be information regarding the Immigrant Category; however there will not be any available information about the length of the undertaking.

IRCC determines the ability of a sponsor to provide for the basic needs of a family member based on criteria contained in the IRPA (and its Regulation), including whether the sponsor and co-signer (if applicable) are in default of any previous sponsorship or are in debt to IRCC.

Temporary Resident

Visitor/Tourist
Visitors to Canada have to show financial support for the duration of their stay in Canada. Temporary Residents are responsible to cover all of their own financial needs including medical coverage in the event of an emergency.

Foreign Worker 
All temporary workers must meet the general requirements for visitor admission, including obtaining a visa (if applicable). They will have obtained a Work Permit from abroad, or in some cases, at the port or entry.

Foreign (International) Student
Students must meet visitor requirements. Students and their spouses can be granted Work Permits under certain conditions.

Temporary Resident Permit Holder  
Temporary Resident Permit Holders are eligible to apply for a Work or Study Permit. Persons with the status of Temporary Resident Permits are responsible for their own support. Temporary Resident Permit holders who allege that they are destitute or who have medical needs are referred to IRCC.
The only Temporary Resident Permit Holders who may be eligible for IS, if they meet all other eligibility criteria, are those who have been approved for entry into Canada by the Alberta Government, and those who have been recognized as Victims of Human Trafficking by IRCC.

Persons in Canada Illegally 
Foreign Nationals who overstay their status as temporary residents, work or study with authorization or are otherwise inadmissible under IRPA must be referred to the federal government.
NOTE
For information on Refugee and Refugee Claimants, see the Refugee and Refugee Claimants policy.