Family Class: Assessing the Sponsor
As a rule, financial resources must originate from Canadian sources. An officer can, however, consider income received from foreign sources if it was declared by the sponsor to the Canada Revenue Agency (CRA) and appears on their Notice of Assessment (NOA). It is important to note that income abroad may not be a reliable indicator of future or stable employment in Canada. IRCC staff cannot easily verify if foreign income can be transferred to Canada and converting foreign income into Canadian dollars can be resource-intensive. In cases of default, collection and litigation, it is easier to recover income from Canadian sources.
Sponsors who commute from Canada to work in the U.S.A. can use their U.S. employment income provided it is declared as income to the CRA and appears on their NOA.
In assessing whether a sponsor – and co-signer, if applicable – meets the financial criteria for sponsorship, family size is determined by counting the total number of persons as follows:
- the sponsor
- the sponsor’s spouse or common-law partner (whether or not they are co-signing the undertaking)
- dependent children (based on the R2 definition) of the sponsor and/or the sponsor’s spouse or common-law partner
- the number of persons being sponsored on the application being assessed, i.e. the principal applicant and any accompanying or non-accompanying dependents
- the number of persons the sponsor has previously sponsored (or acted as a co-signer for) and their family members for whom the duration of the undertaking (R132) remains in effect
- if the sponsor’s spouse or common-law partner is co-signing, the number of persons they have previously sponsored (or acted as a co-signer for) and their accompanying family members for whom the duration of the undertaking (R132) remains in effect
- any person sponsored – or co-signed for – who is still being processed and has not yet become a permanent resident. This information is available in the Global Case Management System (GCMS)
Note: Children who meet the definition of a dependent child must be included in the calculation, even if the sponsor does not have custody or does not provide child support. This ensures MNI is met in the event that custody arrangements change during processing.
Previously sponsored persons cannot be excluded from calculation of the family size unless any of the following apply:
- the sponsor chose to withdraw the application if found to be ineligible to sponsor (as they indicated on the IMM 1344 form)
- the sponsor withdraws the application during processing (that is, prior to the applicant)
- the processing of the application is suspended [R136] (see Suspension of processing [add link later !!]) pending a decision whether or not to continue processing
- if a decision is made to continue processing, the sponsor’s financial circumstances must be reassessed for any active applications including these sponsored persons in the calculation of family size
- the office processing the application for permanent residence determines that the sponsor is ineligible based on one of the following:
- agreement with the CPC’s negative sponsorship eligibility decision
- information received that was not available to the CPC when they assessed sponsorship eligibility
- a determination that the sponsored person is inadmissible
The undertaking signed by the sponsor is in effect from the date the sponsored family member becomes a permanent resident. MNI must be met from the date on which the sponsorship application is signed until the day the sponsored family members become permanent residents.
Exception to minimum necessary income requirement
Note: IP 8 ：Spouse or Common-law partner in Canada Class
The minimum income requirement (LICO) does not apply to sponsorship of a spouse or common law partner or to any dependent children who have no dependent children or their own [R133(4)]
Sponsors must, however, sign an undertaking and an agreement, promising to provide for the basic requirements of the sponsored applicant so that the sponsored person does not need social assistance. Quebec sponsors are informed to submit their undertaking to the MIDI in Quebec after being informed by CPC-M that the federal sponsorship requirements have been met.
Sponsored applicants may be refused for financial reasons under A39, if they are unable or unwilling to support themselves and their dependent children and there are not adequate arrangements for their care and support, i.e., if there is no approved undertaking in effect.
A sponsor does not have to meet MNI if they are sponsoring their spouse, common-law partner, conjugal partner, dependent child or a person under the age of 18 whom the sponsor intends to adopt in Canada [R133(4)]. However, in situations where an officer is of the opinion that the sponsor will be unable to provide adequate support and that the sponsored person will be unable or unwilling to support themselves and may have to rely on social assistance, the applicant may be found to be inadmissible for financial reasons [A39].
