Family Class: Assessing the Sponsor
In order to be a co-signer, at the time of signing the undertaking, a sponsor’s common-law partner must have cohabited with the sponsor in a conjugal relationship for at least one year. There is no time limit for living together for a spouse to be a co-signer. There is no need for a co-signer in cases where the sponsor alone meets MNI requirements or where financial requirements are not applicable.
In cases with a co-signer where the sponsor’s income alone is sufficient to meet MNI and there is the possibility that processing may need to be suspended in order to investigate the co-signer’s eligibility, an officer should contact the sponsor and recommend that the co-signer withdraw to prevent unnecessary delays. This will prevent unnecessary delays and the possibility of a negative sponsorship eligibility decision.
Use of a co-signer is applicable to applications to sponsor the following family members:
- parents and grandparents
- dependent children, in cases where their dependent child (i.e. a grandchild) is included on the application as an accompanying dependant
- “other relatives” [R117(1)(h)]
A co-signer is equally responsible as the sponsor to provide basic requirements: food, clothing, shelter, fuel, utilities, household supplies, personal requirements and other goods and services, including dental care, eye care and other health needs not provided by public health care to the sponsored person. At the same time, the applicant agrees to make reasonable efforts to provide for their basic requirements and those of their family members.
Adding a co-signer during processing
A co-signer can be added between the day on which the sponsorship application was filed and the day on which a decision is made with respect to the application, if required, due to a change in circumstances related to family composition and the need to meet the increased MNI for the increased family size.
When assessing the sponsor’s income, an officer will consider both the increase in MNI requirements resulting from the addition of a co-signer to the family size and the co-signer’s income, calculated in accordance with R134(a) to (c) against the LICO in effect at that time. This is in line with the Federal Court ruling in Dokaj vs. Canada, that if an officer considers an applicant’s spouse or partner in the calculation of the size of the applicant’s family, that person’s income should also be included in the financial assessment.
If the combined income of the sponsor and the added co-signer is not at least equal to the LICO, or the income is not from a Canadian source and is not included in the NOA, the sponsor does not meet the income requirement, and is deemed to be ineligible.
Note: Except in instances where there is a change in family circumstances, a co-signer may not be added to the sponsorship application if the sponsorship was already assessed and at the time of that assessment, the sponsor failed to meet the sponsorship requirements. R133(1) requires that a sponsor be in compliance with the sponsorship requirements detailed in R133(1) (a) to (k) from the time the application was received by IRCC until the time that a final decision is made on their application.
Co-signers are not sponsors
If a sponsor withdraws, co-signers may not continue with a sponsorship. If a co-signer wishes to continue the application as the sponsor, they can submit a new application – only if the person being sponsored also meets the definition of a member of the family class – which IRCC will assess independently. For example, a sponsor’s spouse or partner cannot submit an undertaking for the sponsor’s parent or grandparent if the sponsor withdraws.
In the event of a refusal of a sponsored family class member, co-signers do not have a right of appeal. That right is exclusive to the sponsor. For example, a person who co-signs their spouse’s sponsorship of their parents cannot appeal a refusal of the permanent resident visa.
Sponsorship default
Sponsors (and co-signers) are in default of an undertaking if the sponsored person receives social assistance during the validity period of the undertaking. Unless the sponsor (and/or co-signer) or the sponsored person repays the government that has provided social assistance, sponsors (and co-signers) are not eligible to sponsor any other member of the family class. The death of a sponsored applicant does not nullify default of an undertaking.
Provinces/Territories (P/Ts) may seek to recover social assistance payments made to a sponsored member of the family class or their family members (including social assistance for reasons of disability) from the sponsor and/or co-signer. If the sponsor dies, the co-signer, if applicable, is responsible for the deceased sponsor’s obligations. Until the co-signer repays the sponsorship debt/obligation the co-signer will remain in default of the undertaking. Where there is no co-signer, the decision as to whether to collect from a deceased sponsor’s estate rests with the government that is responsible for the debt collection.
