Policy lapse raises concerns for families and LGBTQ+ claimants in Ottawa
The federal government has quietly allowed a seven-year permanent residency exemption for refugees who did not declare family members on initial applications to expire, a change that refugee advocates say could leave children and same-sex partners stranded and without a clear, timely path to reunification.
Ottawa officials chose not to publicly renew the measure, which was introduced to address predictable gaps in refugee sponsorship files — for example, children born after a parent applied for permanent residency but before arrival in Canada, or partners omitted because they come from countries where same-sex relationships are criminalized.
In a brief emailed statement, a department spokesperson said people affected by the policy can now pursue an exemption on humanitarian and compassionate (H&C) grounds. The spokesperson characterised H&C applications as an "appropriate" means to provide accommodation while ensuring the integrity of the immigration system.
- The exemption was in place for seven years and was last extended in September 2023.
- A memo prepared for the minister reported about 2,000 applications under the policy and a 90 per cent approval rate.
- Most approvals in the first two years found family members were omitted "through no fault of the clients," according to the memo.
Local settlement agencies and legal clinics in Ottawa that assist refugees have relied on the exemption as a straightforward route for reunification, particularly when delays in processing or fear of reprisals deterred applicants from updating files. Wait times to migrate from refugee camps can stretch for years, increasing the likelihood that births or changes in relationships will occur during the process.
“It is very normal and predictable that at some times, a baby is born late in the process,” said Gauri Sreenivasan, co-executive director of the Canadian Council for Refugees. “So the concern is from families, if I now reapply and explain that there’s another baby when I know processing is happening, that it will delay my file. That is an understandable human fear.”
Sreenivasan said advocates repeatedly saw children left behind because parents were afraid to change their files — a fear she called "understandable" given the stakes and the long processing times.
University of Ottawa law professor Jamie Liew, who co-authored a 2017 study on gaps that prompted the original exemption, said she was surprised by the policy's end and had the impression it was functioning well.
The memo prepared for the immigration minister when the policy was implemented reportedly concluded there was "minimal risk" to program integrity. It also noted a high approval rate, suggesting most applicants were eligible because omissions were not intentional.
What changes for families here in Ottawa
For Ottawa residents, the immediate procedural change is that people who would previously have qualified for the targeted exemption must now file H&C applications. While H&C relief remains an established administrative pathway, refugee-rights lawyers and advocates say the process is distinct from the targeted policy and can be more onerous and uncertain.
| Aspect | Exemption (now expired) | Humanitarian & Compassionate (H&C) |
|---|---|---|
| Purpose | Targeted reunification for undeclared family caused by predictable gaps | Broad relief for compelling humanitarian circumstances |
| Reported outcomes (memo) | ~2,000 applications; 90% approval rate | Varies; case-by-case adjudication |
Local service providers say the difference matters. An exemption tailored to late-born children or partners omitted due to fear of persecution can be faster and more predictable than an H&C application, which requires a demonstration of unusual hardship or compelling circumstances.
Advocates also emphasised the particular vulnerability of LGBTQ+ refugees. In countries where same-sex relationships are criminalized, many arrive in Canada without listing a partner because disclosing a relationship could have been life-threatening or could jeopardize their safety in transit.
With the exemption removed, those individuals will need to rely on a different administrative route. Critics warn that will create fresh delays and possibly discourage families from attempting to regularize their loved ones' status.
Next steps and local implications
Ottawa-based refugee legal clinics and national advocacy groups say they are seeking clarity from the immigration department on how H&C applications will be processed in practice and whether additional guidance will be issued to adjudicators to account for the unique circumstances that the expired policy once addressed.
For many refugees and their supporters in Ottawa, the change raises immediate procedural and emotional questions: whether children born during long waits will be reunited promptly; how same-sex partners will be assessed; and whether local agencies will see an uptick in complex H&C files requiring legal support.
As advocates press for answers, the department maintains that the H&C route remains available to provide accommodations while protecting the integrity of immigration programs — a position certain to be tested as cases from Ottawa and across Canada move forward under the new-old framework.
— Reporting from Ottawa
