Guarantor assessment rules for immigration

Summary#

These final rules change the Immigration and Refugee Protection Regulations (SOR/2020-92). They add a short list of factors decision makers must look at when someone offers to act as a guarantor, and they correct a few cross-references to the law. The rules came into force on April 22, 2020.

What it does#

• Adds a new factor list (subsection 47(4)) that decision makers must consider when deciding whether a person can guarantee another person’s compliance with immigration conditions. The required factors are:
  • the guarantor’s relationship to the person concerned;
  • the guarantor’s financial situation;
  • any previous history posting a guarantee;
  • the guarantor’s criminal record; and
  • any other relevant factor.
• Fixes technical cross-references in section 46 so the regulations align with the numbering in the Immigration and Refugee Protection Act (these are housekeeping edits that update which Act subsections the rules apply to).

Who's affected#

• People who are asked to act as guarantors (third parties who promise to ensure someone follows immigration conditions).
• People who may be required to provide deposits or guarantees — for example, some people seeking entry to Canada, people at admissibility hearings, and some people released from immigration detention.
• Decision makers and staff who apply the rules, such as the Canada Border Services Agency (CBSA) officers, the Immigration, Refugees and Citizenship Canada (IRCC) staff, and the Immigration and Refugee Board (IRB) members.
• If it’s unclear who is affected in a specific situation, the rule simply says the list of factors must be considered by the relevant decision maker.

Why it matters#

• The change makes how guarantors are assessed more transparent and consistent. Decision makers must at least consider the same basic points everywhere.
• That can affect whether a friend, family member, or community sponsor is allowed to act as a guarantor. People with weak financial means, a relevant criminal record, or little connection to the person concerned may be less likely to qualify.
• The amendment mostly formalizes existing practice found in Enforcement Manual 8 (ENF8), so officials already had similar guidance. The government says no new costs are expected.
• The rules may be more relevant during public-health emergencies (for example, to encourage compliance with quarantine or emergency orders) because guarantees and deposits can be used instead of detention.