Financial Guidelines For SAHs

Health Care Coverage (IFHP) National

Health Care Coverage for Privately Sponsored Refugees in Ontario

Locating Community Services

When a newcomer refugee arrives in Canada there are many tasks which need to be accomplished within the first days, weeks and months. Sponsors should make use of the many experienced and professional settlement agencies to help newcomer refugees navigate the Canadian system. The following list of links will help sponsors find the nearest settlement agencies and services in their provinces (excluding Quebec).

NATIONAL

Immigration, Refugees and Citizenship Canada

Welcome to Canada: What you should know
This user-friendly website is a good source of information for newcomers to Canada. Also available as a PDF, it covers a variety of settlement topics and helps newcomers find assistance in their new community.

Finding newcomers’ services in your area
This website helps users find services by location, and has contact information for all service-providing agencies by area. Useful in settlement planning.

PROVINCIAL

British Columbia

BC Newcomer’s Guide – Available in many languages, this guide helps newcomers settle in B.C. from with their first few days after arrival. Includes details on housing, health care, employment and business as well as settlement agencies and services.

Alberta

Welcome to Alberta: Information for Newcomers – This guide covers a wide range of topics, including housing, employment, education, health care, climate, banking, shopping, transportation, child care, the legal system and social customs. As well, a list of key contacts.

Saskatchewan

First things to do in Saskatchewan – This government website covers the first steps a newcomer should take upon arriving in the province. Refers users to links on housing and schools, as well as to the closest Regional Newcomer Gateway, a welcome centre.

Manitoba

The Manitoba government website Settle in Manitoba lists settlement agencies focused on employment, health, women, youth, neighbourhood programs, regional services and language training.

Ontario

Settlement.org – This Ontario Government-funded website helps newcomers find answers to common questions about moving to Ontario and settling into a new home. The Services Near Me option directs users to community services in a specific area or city in Ontario.

Nova Scotia

Nova Scotia Office of Immigration – This government website lists Nova Scotia’s settlement services along with useful information on topics such as banking, language training and education.

Newfoundland and Labrador

Welcome to Newfoundland and Labrador Immigration  – This government website is a guide to federal, provincial and municipal programs and services,  as well as those provided by a broad range of community organizations in Newfoundland and Labrador.

Prince Edward Island

Welcome to PEI: New Residents – This government website orients newcomers to driving, education, child care, health care, housing and working in PEI.

New Brunswick

Immigration and Settlement in New Brunswick – this government website has information for newcomers on education, child care, work, taxes, benefits, and other aspects of daily life in the province. It also has a page called How can you help refugees?

Managing Expectations

Expectations are completely normal and are even to be “expected.” When engaging in refugee sponsorship, you may have expectations about the refugee sponsorship experience, including how the refugee(s) will act or the kind of relationship your sponsoring group will form with the refugee(s) that you have sponsored. The refugee(s) you have sponsored may also have expectations, perhaps about your sponsoring group, and life in Canada. However, when expectations are unrealistic, they can lead to misunderstandings or interpersonal conflict, and in serious cases could even lead to sponsorship breakdown.

To prepare for the arrival of the refugee(s) that your group has sponsored, consider reflecting on the following questions, both individually and with your sponsoring group.

1. What are your expectations?
2. 1. What are some expectations that the sponsored refugee(s) may have?
   2. Is it possible to know these expectations in advance of the arrival of the refugee(s)?
3. Are the expectations identified in questions 1 and 2 realistic?
4. 1. What are the dangers of unrealistic expectations?
   2. How can unrealistic expectations be avoided?
5. What can you do if expectations are not being met?
6. How will you work towards either:
   1. not having expectations, other than those essential for the functioning of the sponsorship; OR
   2. having realistic expectations?

Communication is a very helpful way of managing expectations. It is considered to be a best practice to effectively communicate thoughts, emotions and expectations at various stages:

Communication is a very helpful way of managing expectations. It is considered to be a best practice to effectively communicate thoughts, emotions and expectations at various stages:

Communication should take place:

• between sponsors & refugees (although, in some cases, pre-arrival communication may not be possible);
• within the sponsoring group; and
• between sponsors and the Canadian relatives of the refugees that you may be working with.

You may want to also consider the following questions:

• Why are you involved in refugee sponsorship?
• What do you hope to get out of the sponsorship?
• What hopes do you have for the refugee(s) you have sponsored?
  • Does your group share these hopes?
  • Will these match the sponsored refugees’ hopes?
• How would you feel if your hopes for the sponsored refugees do not materialize?

For more information, please refer to RSTP’s Managing Expectations Resource Kit for Refugee Sponsors .

ODSP Eligibility for Refugees in first 12 months

One Year Window (OYW)

What is a One-Year Window?

One Year Window (OYW) is a provision of the Immigration and Refugee Protection Act that assists with family reunification. It permits resettled refugees in Canada to identify for resettlement, within one year of their arrival, family members abroad who were previously unable to travel with them. Family members identified under the OYW are processed as dependents of the original family member and therefore do not need to have their refugee story examined. However, they must meet all other immigration requirements.

• Visa officers will examine the family member to ensure that they are not inadmissible to Canada. Reasons for inadmissibility include the individual posing a threat to national security, having a history of serious or organized crime, having committed violations of international or human rights, being a danger to public health, or engaging in misrepresentation. ¹
• Visa officers will also examine a OYW application to ensure that adequate settlement support is in place. Sponsors commit to providing support for all members of the family even those who are non-accompanying at the time of submissions. This means that sponsors are responsible for supporting all family members, even those who arrive later under One-Year Window.1.

Who is eligible to be processed under OYW?

Eligible family members are: a spouse or common-law partner; dependent children of the resettled refugee or his/her spouse or common-law partner; and dependent children of dependent children.

Generally, dependent children must be under the age of 22 and unmarried or requiring constant attention as the result of a medical condition. The age of dependent children is locked in at the date of the original family member’s application for permanent residence. Therefore, someone who has turned 22 since the original application was made, and who meets all other requirements, will still qualify as a dependent child under OYW.

Sponsor Responsibilities under OYW

When someone that you sponsored to come to Canada as a privately sponsored refugee would like to initiate an OYW application, your group will be notified of the non-accompanying family member’s application to ensure that you are still able and willing to provide settlement support. Under the sponsorship agreement and the settlement plan, sponsors are responsible for providing support to all members of a family for the duration of the sponsorship, regardless of the time of their arrival, unless the refugee in Canada is able to provide adequately for their family.

Are there other options besides OYW?

Alternate Solutions: If an application is refused because it does not meet immigration requirements, there are two alternate solutions. If the family member was refused because of a lack of settlement support, the original family member may seek a different sponsor or file an application under family class (if the individual is in a position to provide for their family).

The only recourse to refusal because of inadmissibility is a Humanitarian and Compassionate application.

Tax Receipts for Gifts

What is a Gift?

The Canadian Income Tax Act permits non-profit organizations with charitable status to issue receipts for income tax purposes for donations that qualify as “gifts”.

For a donation to be considered a gift and be eligible for a tax receipt:

• It is given voluntarily.
• It is a transfer of property (not services) such as cash, equipment, etc.
  (Note: Tax receipts can be given for some gifts-in-kind for which fair market value can be determined. For items that are worth more than $1000, Canada Revenue Agency (CRA) often requests an independent appraisal. Charities will often have guidelines about what gifts-in-kind they will accept and if they provide tax receipts.)
• It is given by the donor without receiving anything in return.
  (Note: If there was a benefit received in return but that benefit is less than the value of the donation, part of the donation may be eligible for a tax receipt.)
• It is compatible with the charity’s charitable purposes.
• It is not directed to a specific person, family, or other named beneficiary.

According to the CRA, “A donation subject to a general direction from the donor that the gift be used in a particular program is acceptable, provided that no benefit accrues to the donor or anyone not at arm’s length to the donor. Donors cannot choose the specific beneficiaries of their donations but can still give to a particular program once the charity has identified a beneficiary. The charity must be able to reallocate the donated funds within the program as it deems appropriate. If the donor retains too much control, the donation will no longer be considered a gift at law and an official donation receipt cannot be issued.”

http://www.cra-arc.gc.ca/chrts-gvng/chrts/prtng/gfts/whts-eng.html

Put another way: “A registered charity cannot issue an official donation receipt if a donor has directed the charity to give the funds to a specified person or family …. However, donations subject to a general direction from a donor that the gift be used in a particular program operated by a charity are acceptable, provided that no benefit accrues to the donor, the directed gift does not benefit any person not dealing at arms’ length with the donor, and decisions regarding utilization of the donation within a program rest with the charity.”

What about money given to a charity in support of its private refugee sponsorship program?

Within the context of the Private Sponsorship of Refugees Program, money given to a charity in support of its private refugee sponsorship program is eligible for a tax receipt if the above criteria apply.

There are circumstances where a donor may be able to direct a donation to a person or family and receive a charitable receipt if that person or family was identified by the charity beforehand as a beneficiary. However, the charity must have ultimate decision-making authority over the use of the donation. Additionally, if the donor receives a benefit or if the gift benefits anyone who is not at arm’s length (i.e. individuals connected by blood, marriage, common-law partnership or adoption) with the donor, the charity may not be able to issue a receipt. For more specific information, contact the Charities Directorate as shown below.

Examples:

1. Family members and/or others give money to the Sponsorship Agreement Holder (SAH) or Constituent Group (CG) in trust for the cost of sponsorship of a specific refugee family that the SAH/CG agrees to sponsor. A charitable receipt cannot be issued.
2. SAH or CG has or sets up a refugee support program/fund which is compatible with its charitable purpose. From this fund money is used to pay for the costs of sponsoring refugee families. Specific families, usually one at a time, are identified as a beneficiary. Usually, a charitable receipt can be issued. However, if the donor receives a benefit or if the gift benefits anyone who is not at arm’s length with the donor, the charity may not be able to issue a receipt. For more specific information, contact the Charities Directorate as shown below or a consultant with professional expertise in this area.

Charities Directorate Client Service
Telephone
1-800-267-2384
1-800-665-0354 – For the hearing and speech impaired (TDD/TTY)
Fax
613-954-8037

Sponsorship Disputes & Breakdowns

What are sponsorship disputes?

Disagreements or misunderstandings between sponsors and newcomers may naturally arise during the course of a sponsorship. Sponsorship disputes can range from disagreements over the terms of the sponsorship, to differences of opinions on various issues. Fortunately, sponsorship disputes do not always result in sponsorship breakdowns.

Sponsorship disputes may be resolved or improved by following the tips about avoiding disputes, breakdowns and defaults found on page 4 of this document. The Resettlement Services Assurance Team (RSAT) of Immigration, Refugees, and Citizenship Canada (IRCC) may also assist with sponsorship disputes that relate to settlement and/or financial support issues that arise during the sponsorship period. The RSAT can intervene in a sponsorship dispute when:

• One or both parties to the dispute have requested IRCC intervention; or,
• An internal resolution has not remedied the situation; or,
• The newcomer has approached a social services agency during the sponsorship period, which has approached IRCC to inquire about the case; or,
• A third party reports that there is a sponsorship dispute.

What are sponsorship breakdowns?

A sponsorship breakdown is an official declaration that an “irreparable failure” to meet the sponsorship arrangement has occurred between the sponsors and the newcomers they have sponsored. Responsibility for the breakdown may rest with the refugee or with the sponsoring group, or it may not be attributable to either party. In cases of sponsorship breakdowns, IRCC will issue a formal notice of the breakdown in the form of the Declaration of Sponsorship Breakdown, ending the sponsor’s responsibility to the newcomers. This official notice will be provided to both the sponsors and to the newcomers. Once a sponsorship breakdown has occurred, there is no way to reinstate the sponsorship.

What are sponsorship defaults?

A sponsorship default will be declared if the sponsoring group has not met the financial or non-financial obligations of the sponsorship and is therefore responsible for the breakdown. A sponsorship default refers to a breach of the contractual obligations of the Sponsorship Undertaking itself, or a failure to fulfill a financial or non-financial obligation associated with the Undertaking (form IMM 5373 for SAHs, IMM 5670 for G5s, or IMM 5663 for CSs) and/or the SAH’s Sponsorship Agreement. In order to avoid a sponsorship default, it is important that sponsors fulfill all financial and non-financial responsibilities unless an official sponsorship breakdown has been declared by IRCC.

Why do sponsorship breakdowns occur?

There are several reasons that a sponsorship breakdown may occur, including:

• There is an unresolvable dispute, such as an interpersonal conflict, unrealistic expectations, or disagreements about the level of support that is provided to the newcomer.
• The terms of sponsorship cannot be fulfilled because of a change in the newcomer’s personal situation. Some examples of this are:
  • Marital separation or divorce;
  • Secondary migration, or in other words, the newcomer has moved out of the intendedcommunity of settlement, and sponsors will not or cannot continue to support thenewcomer in the new community.
• The sponsors are not fulfilling their obligation of providing financial and/or non-financial,including settlement support.

What should be done if there is a sponsorship dispute or breakdown?

If a dispute has escalated to the point of being irresolvable between parties, and a sponsorship breakdown seems imminent, either the sponsor or the newcomer should contact IRCC by emailing the RSAT at IRCC.PSRCaseReview-RevuedecasPSR.IRCC@cic.gc.ca

1. Once the RSAT is notified of the dispute RSAT will assess the seriousness of the situation anddetermine if IRCC intervention is necessary. Theymay ask the sponsors to resolve the issues withoutbecoming directly involved.
2. If IRCC involvement is necessary, an RSAT Officer will attempt to assist the parties in resolving thedispute.
3. An RSAT Officer may facilitate a meeting with all parties. During this process, the Officer will try togather information on how much financial and settlement support are being given. If a solution is notfound, IRCC will act as the final decision-maker regarding next steps.
4. During this process (which can take weeks), if IRCC finds that the newcomer requires financialsupport urgently, it is possible that they may provide emergency funds or refer the newcomer tosocial assistance.
5. If a breakdown has been declared, IRCC will determine which party is primarily responsible. Theresponsibility for a sponsorship breakdown may rest with the sponsors, the newcomers, IRCC, ornone of the parties. If the sponsoring group is determined to be responsible, IRCC will assess if theyshould be found to be in default of the sponsorship. This assessment will include considering if thesponsors have attempted to rectify the situation.

The sponsoring group is required to continue to carry out their sponsorship responsibilities throughout the duration of the conflict, until a sponsorship breakdown is officially declared.

In cases involving a Constituent Group (CG) or a co-sponsor to a Sponsorship Agreement Holder (SAH), IRCC will notify the SAH of the dispute so they can attempt to resolve it internally, as they are ultimate responsible for the sponsorship. In some cases, the SAH may consider transferring responsibility for the sponsorship to another CG, or taking on the responsibility itself. The SAH may also consider requesting another SAH to take over the sponsorship for the remainder of the sponsorship period.

If a breakdown has been declared, the sponsor may attempt to find a replacement sponsor for the newcomers. If a new sponsoring group is not found:

• Newcomers will be provided with a Declaration of Sponsorship Breakdown and referred to theprovincial social assistance authority.

In exceptional circumstances, newcomers sponsored by a SAH may be referred to RAP income support, until they become self-supporting or the sponsorship term comes to an end, whichever comes first. RAP entitlements are given in situations of sponsorship breakdown only rarely, and are considered on a case by case basis.

What are the consequences of sponsorship breakdowns for newcomers?

If it is determined by IRCC that the sponsoring group was not responsible for the breakdown, it is possible that the newcomer will not receive further assistance from a sponsoring group in Canada or financial assistance from IRCC. The newcomer would however be able to apply for social assistance and would still be eligible for all IRCC-funded settlement services.

What are the consequences of sponsorship breakdowns for sponsors?

If the sponsoring group is not responsible for the breakdown, the Declaration of Sponsorship Breakdown will note a “declaration of no-fault” breakdown and no consequences to the sponsoring group will follow. The sponsoring group will not be declared responsible for the breakdown if it is found that:

• It continues to deliver on its sponsorship obligations;
• Unforeseen circumstances affected the sponsoring group’s capacity to fulfill obligationsand anothergroup has been successfully located to fill in, or reasonable efforts have been made by thesponsoring group to locate a new sponsor;
• The obligations of the sponsorship are not being fulfilled due to reasons beyond the sponsor’scontrol (for example, the newcomer voluntarily moves out of the original community ofresettlement, not due to any dispute) and reasonable efforts have been made by the sponsoringgroup to locate a new sponsor.

A sponsorship default will be declared if the sponsoring group has been found to be responsible for the breakdown, and is unwilling to attempt to rectify the problem. The consequences of a sponsorship default may include:

• Not being permitted to submit further sponsorships until the default isresolved.
• For SAHs, their Sponsorship Agreement may be impacted and may be placed into probationarystatus or be suspended, or cancelled.
• IRCC may conclude that the sponsoring group is unable to fulfill its obligations to cases stilloverseas, and make a recommendation to revoke the sponsorship approval of the group’soutstanding cases. IRCC may monitor the sponsoring group’s current sponsorships inCanada thatare still within the one year sponsorship period to ensure that adequate financial and settlementsupport are being provided.

A default ends when:

• The group has reimbursed the government or party concerned, in full or in accordance with anagreement with that government, for amounts paid by the government and/or
• An IRCC officer determines that the sponsoring group has met the necessary obligations.
  Defaults may occur for either the entire sponsoring group, or an individual party to the sponsorship.More information about ending default status can be found in subsection 153(4) of the Immigrationand Refugee Protection Regulations.

How can sponsorship disputes, breakdowns, and defaults be avoided?

It is always best to try to avoid sponsorship disputes altogether. The following are important considerations in preventing and managing disputes:

• Preparedness: Sponsoring groups should be properly trained and equipped for sponsorship.SAHs are responsible for training their CGs. Groups of 5, Community Sponsors, SAHs, CGsand co- sponsors can access a wealth of resources and training opportunities through theRefugee Sponsorship Training Program (RSTP) website (www.rstp.ca).
• Communication: Clear, consistent and effective communication is a vital component tosetting realistic expectations. This includes providing a thorough orientation to newcomersshortly after arrival, and continuing communication throughout the duration of the sponsorship.When a language barrier exists, make sure that communication takes place throughinterpreters that speak the same dialect as the newcomer, and ask the interpreters tocommunicate the correct information without adding or omitting content.
• Managing expectations: Proactively reflecting on sponsor and sponsoring groupexpectations, and possible newcomer expectations is a very helpful process. It can help toassess whether these expectations are “realistic”. Not having expectations at all, or havingonly “realistic” expectations mayminimize interpersonal conflict or feelings of resentment andfrustration arising from unrealistic expectations, which reduces the risk of sponsorshipsbreaking down. For more information on managing expectations, please refer to theinformation sheet at the following link: https://www.rstp.ca/wp-content/uploads/2016/07/Managing-Expectations.pdf
• Understanding: Remember that there may be a lot that you do not know about the situation,including why the other party may be reacting in a certain way. Perhaps there has beenmisinformation or simple misunderstandings that have not yet been discovered. It often helpsto remember that you may not always have the whole context. Patience and greaterunderstanding may be needed to improve communication and come to a common resolution.

Where can I find more information and support?

For more detailed information about Sponsorship Breakdowns, you can refer to the Guide to the Private Sponsorship of Refugees Program (Section 2.25).

If you would like assistance related to a sponsorship dispute, would like information about upcoming workshops on Managing Expectations, Power Imbalance and Sponsorship Ethics, or would like to learn more about sponsor and newcomer rights and responsibilities, sponsorship disputes, breakdowns and defaults, please contact us by emailing info@rstp.ca or calling 1-877-290-1701.

Month 13 Resource Kit