Family Class: Assessing the Sponsor
Applications under family classes: Assessing the sponsor
This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.
Page topics
- Legislative requirements for the sponsor
- Sponsors residing abroad
- Multiple applications
- Sponsorship bars
- Financial requirements
- Co-signers
- Sponsorship default
- Sponsorship withdrawal
- Assessing a sponsor’s eligibility
- Sponsorship by Canadian citizens living abroad
- Sponsorship ineligibility identified at the permanent resident processing stage
Legislative requirements for the sponsor
Sponsorship provisions in the Act and Regulations
| Provision | Location |
|---|---|
| Sponsor does not meet requirements | A11(2) |
| Selection of members of family class | A12(1) |
| Right to sponsor a family member | A13(1) |
| Right to appeal family class refusal | A63(1) |
| Definition of family member | R1(3) |
| Definition of minimum necessary income | R2 |
| Definition of social assistance | R2 |
| Bad faith (relationship of convenience, dissolutions of convenience) | R4 and R4.1 |
| Requirements of applications | R10 |
| Sponsorship application | R10(4) |
| Multiple applications | R10(5) |
| Invalid sponsorship application | R10(6) |
| Where a sponsorship application must be submitted | R11(5) |
| Return of an application | R12 |
| Definition of a member of the family class | R117(1) |
| Withdrawal of sponsorship application | R119 |
| Approved sponsorship application | R120 |
| Members of the Spouse or Common-law Partner in Canada (SCLPC) | R124 |
| Exclusions from the SCLPC class | R125(1) |
| Withdrawal of SCLPC sponsorship | R126 |
| Approved SCLPC sponsorship application | R127 |
| Who may sponsor | R130(1) |
| Canadian citizen residing abroad who can sponsor | R130(2) |
| Undertaking | R131 and R132 |
| Duration of undertaking | R132(1) |
| Duration of undertaking – Quebec sponsors | R132(2) and (3) |
| Sponsorship Agreement | R132(4) |
| Who can co-sign an undertaking | R132(5) |
| Sponsorship criteria and bars | R133 |
| Income calculation rules | R134 |
| Default of a sponsorship undertaking | R135 |
| Suspension of a sponsorship application | R136 |
| Undertaking, Province of Quebec | R137 |
| Collection and disclosure of a sponsor’s/co-signer’s personal information | R137.1 |
Relatives who are not eligible to be sponsored under the family class
| Provision | Location |
|---|---|
| A spouse, common-law partner or conjugal partner under 18 years of age | R 5 R 117(9)(a) R 125(1)(a) |
| A spouse, common-law partner or conjugal partner, if the sponsor
previously submitted an undertaking for a spouse, common-law partner or conjugal partner, and at least three years have not passed since that person became a permanent resident. |
R 117(9)(b) R 125(1)(b) R 132(1) |
| A spouse, common-law partner or conjugal partner, if the sponsor
is already married or in a common-law relationship (bigamous or polygamous relationship). |
R 117(9)(c) R 125(1)(c) |
| A separated or former spouse or common-law partner or other
non- accompanying family members who were not examined at the time of the sponsor’s application for permanent residence. see “Family class: Excluded relationships”. (add link later) |
R 117(9)(d) R 117(10) R 117(11) R 125(1)(d) R 125(2) R 125(3) R4.1 |
A sponsor must be a Canadian citizen, permanent resident or Status Indian who
- is at least 18 years of age
- resides in Canada
Note: A Status Indian is a person who is registered or entitled to be registered as an Indian under Canada’s Indian Act. Status Indians were unintentionally omitted from the list of persons who may sponsor a foreign national in A13 (who may sponsor). They are administratively included as persons who can sponsor under the family class.
All sponsors must:
- meet the legislative requirements
- submit complete sponsorship applications containing all necessary forms and supporting documents listed in the Document Checklist for the applicable family class program or category [R10]
- sign an IMM 1344 Application to Sponsor, Sponsorship Agreement and Undertaking
- not be subject to a sponsorship bar [R133(1)]
Sponsors must indicate in Q1 on the IMM 1344 whether they wish to proceed with the sponsorship even if they do not meet the requirements to sponsor. If not, a sponsor may withdraw the sponsorship application and receive a refund of all but the sponsorship processing fee. If, however, the sponsor indicates that they wish to proceed, the applications will be sent to the processing office for assessment and final decision.
Sponsors residing abroad
Canadian citizen sponsors living outside Canada may sponsor their spouse, common-law partner, conjugal partner or dependent child (provided that child does not have dependent children of their own). In such cases, an officer must be satisfied that the sponsor will return to reside in Canada once the family members they sponsor become permanent residents of Canada [R130(2)].
