7. Federal Immigration ProgramsFamily Class (Spouses, Dependent Children, Parents)

Family Class: Assessing the Sponsor

A co-signer who wishes to withdraw must submit a notification to IRCC by web form. A co-signer cannot withdraw their support after the sponsored family class member has become a permanent resident. In such cases, the co-signer is bound by the undertaking, and remains responsible for their relative for the duration specified for the applicable family class category. A co-signer who withdraws prior to the granting of permanent residence and has been removed from the undertaking is not obligated to provide support to the sponsored family member.

In cases where a sponsor has withdrawn, processing of the application cannot continue, even if there is a co-signer who independently meets sponsorship requirements. If the principal applicant is a family class relative of the co-signer, the co-signer has the option of sponsoring only if a completely new sponsorship and permanent residence application is submitted and would be expected to meet the applicable requirements, including, where applicable, meeting MNI requirements.

Note: In the event that the sponsor has a new spouse or common-law partner (which may be the reason for the co-signer withdrawal) that person can co-sign the new IMM 1344. If this is a common-law relationship, the officer should be satisfied that it has existed for at least one year. This is only allowed in cases where the original MNI assessment (where applicable) was passed.

Quebec sponsorship or so-signer withdrawal

See more information at: Applications under family classes: Sponsorships from persons residing in Quebec: Sponsor chooses, “to withdraw your sponsorship” if found ineligible to sponsor

Assessing a sponsor’s eligibility

Requirements in R130 to assess sponsor’s eligibility

To be eligible, a sponsor must provide proof that they are at 18 years of age or older, and either a permanent resident of Canada, a Canadian Citizen or a Status Indian.

Acceptable proof of permanent residence is a photocopy of a permanent resident card (PR card) or a record of landing (IMM 1000) if they have never obtained a PR card.

Acceptable proof of Canadian citizenship is a photocopy of one of the following:

  • a Canadian Citizenship certificate or card (both sides)
  • a Canadian birth certificate (for Quebec, must be one issued by the Directeur de l’état civil du Québec)
  • the bio-data page of a Canadian passport

Acceptable proof of being a Status Indian is a photocopy of an Indian status card verifying registration in Canada as an Indian under the Indian Act.

Information may also be available in GCMS to confirm a sponsor’s status.

A sponsor must be residing in Canada, unless they are a Canadian citizen residing abroad sponsoring a spouse, common-law partner, conjugal partner or dependent child (provided that the dependent child does not have dependent children of their own) [R130(2)].

See Sponsorship by Canadian citizens living abroad

Sponsors who maintain a principal residence in Canada are not considered to be in violation of residency requirements if they:

  • take short holidays or business trips outside Canada on a temporary basis
  • have work arrangements that require them to be outside Canada for temporary finite periods of time, but return to live in Canada in between assignments (such as ship crew or seasonal workers)

Persons who do not maintain a principal residence in Canada and who live and work abroad and only return to Canada for short visits are not considered to meet residency requirements.

Sponsorship by Canadian citizens living abroad

The only exception to the requirement for a sponsor to reside in Canada is a Canadian citizen residing abroad who sponsors a spouse, common-law or conjugal partner or dependent child (who does not have a dependent child of their own) and who intends to return to reside in Canada once their sponsored relative becomes a permanent resident [R130(2)].

Sponsorship ineligibility identified at the permanent resident processing stage

A sponsor must be eligible from the day the sponsorship application is received by IRCC until the sponsored person becomes a permanent resident. When a processing officer suspects that a sponsor deemed eligible by the CPC is, in fact, ineligible, they do all of the following:

  • review information provided by the sponsor and co-signer
  • verify in GCMS whether the sponsor/co-signer is subject to any of the applicable bars
  • verify information through appropriate sources as outlined in the following subsections