Case Study – One Year Window of Opportunity Program (OYW)

Inland Processing Manual - IP 3 Part 1, 6.28

The one-year window of opportunity is a regulatory mechanism. Its purpose is to allow immediate family members (spouses, dependents, common-law partners) to reunite with a principal applicant.

To be processed as non-accompanying family members; family members must:

Be identified on the PA’s (principal applicant’s) permanent resident visa application (IMM0008EGEN)

Be included in the application prior to the PA’s departure for Canada; and

Have submitted an application at a visa office within one year of the date of arrival of the PA in Canada.

If privately sponsored, the sponsor was notified and settlement arrangements were found to be adequate.

Overseas Processing Manual - OP Part 25: Procedure: One-year-window-of-opportunity provision (OYW)

25.1. Policy context

The rationale for this policy initiative is based on the need to implement facilitative measures that help reduce separation periods during the processing of refugee families. One of the objectives of the Immigration and Refugee Protection Act, with respect to immigration, is to see that families are kept together and, where that is not possible, that they are reunited in Canada as quickly as possible. In order to facilitate the rapid reunification of families, the Refugee and Humanitarian Resettlement Program allows for the concurrent processing of refugee families. In some situations, however, family members’ whereabouts are unknown. In others, the conditions in the country of origin prohibit them from being processed with the principal applicant. To facilitate family reunification in these cases, the “one-year window” (OYW) regulations were introduced in 2002. Separated family members are referred to as non-accompanying family members. The regulatory provisions allow non-accompanying family members to derive the principal applicant’s (PA) refugee status and to apply without the need for a family class sponsorship.

Non-accompanying family member / R 141. (1) A permanent resident visa shall be issued to a family member who does not accompany the applicant if, following an examination, it is established that
(a) the family member was included in the applicant's permanent resident visa application at the time that application was made, or was added to that application before the applicant's departure for Canada;
(b) the family member submits their application to an officer outside Canada within one year from the day on which refugee protection is conferred on the applicant;
(c) the family member is not inadmissible;
(d) the applicant's sponsor under subparagraph 139(1)(f)(i) has been notified of the family member's application and an officer is satisfied that there are adequate financial arrangements for resettlement; and
(e) in the case of a family member who intends to reside in the Province of Quebec, the competent authority of that Province is of the opinion that the foreign national meets the selection criteria of the Province.

Case Study 1 – OYW dependent:

Peter with his current wife Farah and their child arrive in as CR-1 GARs on July 30, 2003. Several months after arrival, Peter inquires about 3 of his children, from a former relationship, that he has left behind. CAIPS notes indicate that Peter has these children and it is confirmed with the visa office that Peter included the children as his dependents on his IMM0008.

Peter submits the OYW application for children, who live in country A and the visa office in country C is responsible for processing the immigration applications. Peter and Farah, who had lived in a refugee camp in country M, where processed through the visa office in country M. The visa office in country C is notified of the OYW application and the IMM0008 package is provide to Peter with all the instructions. Six month later a follow-up is done, at which time it is determined that the visa office has not yet received the completed IMM0008 even though it had been mailed by the dependents. Application appears to have been lost in the mail. A new IMM0008 package was provided to HOF and several months later confirmed that visa office received completed application and information.

Children are placed in queue for interview by visa office on their next trip to country A. After a lengthy wait, interview took place. After the interview, visa office is not satisfied with the parent child relationship since the birth certificates were only issued a few years ago and the children have limited knowledge of father, from whom they had been separated for many years. Visa office requested DNA tests and informed client that decision was dependant on the results of DNA tests. Clients delayed getting DNA test due to costs. Three years since the initial OYW request, the OYW application is still in process and awaiting the results of the DNA tests.

If the results of the DNA tests establish the relationship, the children will be asked to do their medicals, and once complete, father will be asked to sign the transportation loan, visa’s will be issued and children will be able join their father.

Items for discussion:

1. What are the problems that have been encountered in the process?

2. What recommendations can be made.