Family Class: Assessing the Sponsor
For cases where a family class application is refused and a TRP is subsequently issued, there is no obligation on the part of the sponsor to provide support.
Because the application was not approved, there is no undertaking in effect. Therefore, any social assistance received during the period the sponsored person is in Canada on a TRP is not subject to default or collection.
Category | Code | Duration of undertaking | Regulation |
---|---|---|---|
Spouse | FC1 | 3 years | R132(1)(b)(i) |
Common-law Partner | FCC | 3 years | R132(1)(b)(i) |
Conjugal Partner | FCE | 3 years | R132(1)(b)(i) |
In-Canada Spouse and Partner Public Policy | FCH | 3 years | R132(1)(b)(i) |
Dependent Child and accompanying children of spouses and partners | FC3 | Child under 22: 10 years or until child turns 25Children 22 years of age or older: 3 years |
R132(1)(b)(ii) R132(1)(b)(iii) |
Parent or Grandparent and accompanying children of parents or grandparents | FC4 | Sponsorship received before January 1, 2014: 10 yearsSponsorship received after January 1, 2014: 20 years |
R132(1)(b)(iv) |
Orphaned brother, sister, nephew, niece or grandchild | FC5 | 10 years | R132(1)(b)(v) |
Child to be adopted [R117(1)(g)] | FC6 | Children under 22: 10 years or until child turns 25 |
R132(1)(b)(ii) |
Other relative | FC7 | 10 years | R132(1)(b)(v) |
Adopted child [R117(2) and (3)] | FC9 | Children under 22: 10 years or until child turns 25Children 22 years of age or over: 3 years |
R2 R132(1)(b)(ii) R132(1)(b)(iii) |
Duration of undertakings – Quebec
An undertaking made by a sponsor who resides in Quebec (or who lives outside Canada but intends to reside in that province) is a binding contract between sponsors (and co-signers, where applicable) and the province of Quebec [R131(b)]. The Canada-Quebec Accord and the Immigration and Refugee Protection Regulations give Quebec responsibility for setting some of its own eligibility criteria for sponsors, and for administering undertakings. IRCC does not process or administer Quebec undertakings.
The Canada-Quebec Accord gives Quebec responsibility for setting its own criteria for family class sponsorship and administering undertakings. The federal government maintains responsibility for most eligibility requirements related to admissibility and enforcement.
Quebec is responsible for:
- administering sponsorship undertakings
- determining the financial criteria for the sponsorship of foreign nationals intending to live in Quebec
- determining the duration of an undertaking
- addressing sponsorship defaults
- issues related to a sponsor’s court-ordered support obligations or personal bankruptcy
Note: Quebec will not accept an undertaking from a sponsor who does not reside in Quebec, unless the sponsor is a Canadian citizen abroad and intends to reside there once their sponsored family member becomes a permanent resident. A sponsor who resides in another province when they submit a sponsorship application but plans to move to Quebec once their sponsored relative becomes a permanent resident must inform IRCC of their intention so that the CPC can instruct the sponsor of procedures to follow to meet provincial requirements. In such cases, the CPC would liaise as needed with MIDI. A sponsor who moves to Quebec during processing is similarly required to advise the office processing the application.
A sponsor who signed an undertaking with the province of Quebec but who moves from Quebec to another province while their application is in process is required to complete and submit a new IMM 1344 Sponsorship Application to Sponsor, Sponsorship Agreement and Undertaking and submit it to the CPC, where it will be assessed based on federal requirements. This includes determining whether the sponsor meets MNI requirements.
Person sponsored | Duration of undertaking |
---|---|
Spouse, common-law partner, conjugal partner | 3 years |
Child under 16 years of age | 10 years or until the child turns 18, whichever period is longer |
Child 16 years or over | 3 years or until the child turns 25, whichever period is longer |
Any other relative | 10 years |
See up-to-date information on the duration of Quebec undertakings on the MIDI website.
Duration of sponsorship (undertaking in Quebec)
The sponsor’s obligations take effect as soon as the sponsored person obtains permanent resident status.
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IMPORTANT: An undertaking cannot be terminated. Obtaining Canadian citizenship, a separation or divorce or moving to another province do not constitute grounds for terminating the undertaking agreement. Moreover, even if your financial situation deteriorates, the undertaking agreement remains in effect.
Co-signers
A spouse or common-law partner may co-sign an undertaking to help meet MNI requirements by pooling financial resources, e.g. to meet MNI when sponsoring a parent or grandparent, a grandchild or “other relative.” No other family member can co-sign. An eligible co-signer’s income can be included for the purpose of meeting financial requirements, but not when the co-signer is the person being sponsored, i.e. the sponsor’s spouse, common-law partner or conjugal partner. No other family member’s income or resources can be included by the sponsor for this purpose.