Learner Policy & Procedures

Published Date: September 24, 2012
Bookmark this page

Financial Benefits Decision

Partial Financial Eligibility

Sponsored Immigrants

AUTHORITY

Income Support, Training and Health Benefits Regulation, Section 29
Income Support, Training and Health Benefits Regulation, Section 31
Income Support, Training and Health Benefits Regulation, Section 32
Income Support, Training and Health Benefits Regulation, Section 54

INTENT

Certain people entering Canada are not eligible for Learner Income Support. A citizen of another country can be sponsored to come to Canada. The sponsor has a financial obligation to support a person they have agreed to sponsor until the end of the sponsorship period as specified by Citizenship and Immigration Canada (CIC). The sponsor is still responsible to support a person who is a Canadian citizen or Permanent Resident as long as the sponsorship period has not expired.

Refer to the charts found in this section for further eligibility information on all classes of Immigrants.

Applications for Family Class sponsorship and inquiries and actions for defaulting sponsorships are processed through CICs Case Processing Centre in Mississauga (CPC-M). 

POLICY

Sponsored Immigrants

Sponsored immigrants enrolled in full-time studies are eligible for training benefits. Income support is not provided to a sponsored immigrant in training, unless a sponsorship breakdown has occurred and the breakdown has been verified.

PROCEDURE

First time immigrant applicants who have been a resident in Canada less than 10 years arerequired to provide one of the following documents with their IS application:

  • IMM 5292 Confirmation of Permanent Residence
  • IMM 1000 Record of Landing
  • Permanent Resident Card
  • Verification of Status (VOS)

When the Learner Income Support Office (LISO) staff review an application where a sponsored learner has requested income support to attend training, the application cannot be processed until sponsorship breakdown has been verified.

To verify the sponsorship status of family class sponsored immigrants who have been in Canada less than 10 years:

  1. If the Learner is a returning student, LISO uses the information on the completed EMP 3828A Request for Family Class Information form that is already on file.  

  2. If no verification is on file, LISO will complete sections 1 and 2 of the EMP 3828A Request for Family Class Information.

    • Instead of having the client sign section 1, LISO staff will write "Application processed by Learner Income Support Office - Signed consent on file".
    • LISO indicates to the Case Processing Centre in Mississauga (CPC-M) by checking in the appropriate box, whether or not there are concerns with sending a letter to the sponsor advising them of their sponsorship default.
    • Human Services may not wish to recommend sending a default notification letter in situations where the applicant's safety may be in question (i.e., escaping abuse).

  3. LISO faxes the Request for Family Class Information to the CPC-M.

  4. The CPC-M will return the Request for Family Class Information with Section 3 completed verifying:

    • The applicants immigration status,
    • The length of undertaking, and
    • Whether or not a default warning letter has been sent to the sponsor.

Further information regarding requirement for verifying immigration status can be found in the Expected to Work (ETW)/Barriers to Full Employment (BFE) 04 Special Groups/Persons with Immigration policy.

Process for Determining Sponsorship Breakdown

  1. The sponsor is the spouse or common law partner of the Learner:

    • An in-person sponsorship breakdown assessment is not required. 
    • A financial sponsorship breakdown has occurred if the Learner household establishes a financial need for assistance.

  2. The Learner is the sponsor of their spouse/partner and/or any dependant children,

    • An in-person sponsorship breakdown assessment is not required. 
    • A financial sponsorship breakdown has occurred if the Learner household establishes a financial need for assistance.

  3. The sponsor has abandoned the Learner or the Learner claims abuse (physical, sexual or emotional):

    • With substantiation such as a police report, medical report or shelter report, LISO staff accepts the word of the individual regarding the sponsorship breakdown.

  4. A third party, not a member of the Learner household, has sponsored the  Learner and it is not a situation of abandonment or abuse:

    • LISO staff contact the Learner Benefit or ETW/BFE Specialist in the Region where the funding application originated.
    • The Regional Learner Benefit or ETW/BFE Specialist contacts the supervisor of the delivery site nearest the learner applicant’s home address so that an appointment to assess if the sponsorship has broken-down can be booked immediately.
    • The Learner Benefit or ETW/BFE Specialist advises the sponsored immigrant to bring his/her sponsor to the interview and copies of his/her sponsorship documents and asks them to advise his/her sponsor to bring documentation of his/her financial circumstances.
    • The worker assesses the learner (sponsored immigrant) and sponsor as if they are applying for Income Support as an ETW/BFE and claiming sponsorship breakdown. Once assessed, the worker advises his/her supervisor of the outcome of the interview.
    • The supervisor contacts the Learner Benefit or ETW/BFE Specialist with the outcome of the sponsorship breakdown assessment.
    • The Learner Benefit or ETW/BFE Specialist advises LISO of the assessment outcome.

If any of the above sponsorship breakdown situations are verified, LISO:

  • Processes the application and assesses the individual’s eligibility for learner benefits.

  • Completes the EMP 3828B Notification of Sponsorship Debt to notify the CPC-M that income support benefits will be issued.
  • Indicates on the EMP 3828B Notification of Sponsorship Debt to the CPC-M, by checking in the appropriate box, whether or not there are concerns with sending a letter to the sponsor advising them of their sponsorship default.

  • Human Services may not wish to recommend sending a default notification letter in situations where the applicant's safety may be in question (i.e., escaping abuse).

Faxes the EMP 3828B Notification of Sponsorship Debt to the CPC-M to notify them of the sponsorship debt.

Note
Once notification of sponsorship debt is received, CPC-M will send a default notification letter to the sponsor confirming the obligations of sponsorship and informing the sponsor of the immediate and potential consequences of default.

Before being considered for funding for English as a Second Language (ESL) training, an individual must exhaust all available Language Instruction for Newcomers to Canada (LINC) eligibility unless authorized by the Regional Learner Benefit Specialist.

If LISO is notified that the Learner has received the default notification letter and/or would like to take measures to pay off the debt, LISO follows Learner policy and procedures outlined in Service Management: Learner Income Support/Recoveries: Defaulting Sponsor.

Protected Persons (Refugees)

Persons granted 'Protected Person' status by the Immigration and Refugee Board may be eligible for funding before they receive a Permanent Resident card. These applicants must provide the ‘Notice of Decision’ of the Immigration and Refugee Board.

Eligibility for Human Services funded training – Protected Persons:

  • protected persons who have sponsorship usually are eligible for training benefits only.

  • protected persons without sponsorship, or whose sponsorship period has expired may be eligible for income support.

  • protected persons must meet all eligibility criteria. 

Eligibility for Human Services Funded Training – Permanent Residents

 

Permanent Residents

Protected Persons*

Family Class

Economic Class

Refugee

Social Insurance Number beginning with 9 No No No Yes
Eligibility for Training Benefits Yes, if applicant meets learner eligibility criteria and household unit meets financial eligibility criteria Yes, if applicant meets learner eligibility criteria and household unit meets financial eligibility criteria Yes, if applicant meets learner eligibility criteria and household unit meets financial eligibility criteria Yes, if applicant meets learner eligibility criteria and household unit meets financial eligibility criteria
Eligibility for Income Support Usually not eligible for Income Support except if the applicant has been abandoned, neglected or abused by the sponsor, or the sponsor is unable to support the applicant, or the applicant is deemed eligible for income support for ETW/BFE Yes, if applicant meets learner eligibility criteria and household unit meets financial eligibility criteria. Yes, if no federal or private sponsorship in place or sponsorship period has ended, applicant meets learner eligibility criteria, and household unit meets financial eligibility criteria. Yes, if no federal or private sponsorship in place or sponsorship period has ended, applicant meets learner eligibility criteria, and household unit meets financial eligibility criteria.
Requires Notice of Decision Not Applicable Not Applicable Not Applicable Yes
Requires Study Permit No No No Yes
Requires Work Permit No No No Yes
* Protected Persons includes Convention Refugees and persons in need of protection.

Immigrant Persons Not Eligible for Human Services Funded Training

The following groups of people who have arrived in Canada are NOT eligible for funding:

  • Immigrants and refugees and their children who are being fully maintained by their sponsors in accordance with an undertaking and sponsorship agreement under the Immigration and Refugee Protection Act (IRPA) (Canada)

  • Refugees under the IRPA who are receiving financial assistance from the Government of Canada

  • Foreign students with study permits issued under the IRPA

  • Foreign nationals with temporary resident visas issued under the IRPA including persons in the process of requesting asylum in Canada (refugee claimants)

  • Foreign workers with work permits issued under the IRPA, including live-in caregivers

  • Temporary resident permit holders issued under the IRPA

    Note
    Temporary resident permit holders under the IRPA, approved for entry into Canada by the Alberta Government, or an individual who has been recognized as a Victim of Human Trafficking by CIC, may be assisted as a member of a learner household but they cannot be the learner.

  • persons illegally in Canada

Eligibility for Human Services Funded Training – Temporary Residents

 

Foreign Workers

Foreign Students

Visitors / Tourists

Temporary Resident Permit Holders

SIN beginning with 9 Yes Yes, if also working in Canada Not applicable Yes, if also working in Canada
Eligibility for Tuition and Books No No No No
Eligibility for Income Support No No No No.
Exception is a member of a learner household, not the learner, who has been approved by the Alberta Government, or who has been recognized as a Victim of Human Trafficking by CIC.
Require Notice of Decision Not applicable Not applicable Not applicable Not applicable
Require Study Permit Not applicable Yes Not applicable Yes, if desire to study in Canada
Require Work Permit Yes Yes, if desire to work in Canada Not applicable Yes, if desire to work in Canada

Eligibility for Human Services Funded Training – Refugee Claimants

SIN beginning with 9 Yes
Eligibility for Tuition and Books No
Eligibility for Income Support as ETW/BFE Yes, if meet all other eligibility criteria and apply for a Work Permit
Require Notice of Decision Not applicable (Decisions about their refugee protection claim not yet made)
Require Work Permit Must apply for work permit to be eligible for Income Support as ETW/BFE
Require Study Permit Not applicable (not eligible for Income Support as a Learner)

APPROVAL

Learner Benefits Coordinator, LISO

FORMS

Document Title and Description Format
Request for Family Class Information
Notification of Sponsorship Debt