Family Class: Assessing the Sponsor

In Canada, social assistance benefits are administered provincially. The Immigration and Refugee Protection Regulations (R2) define social assistance in broad terms, but render someone who is in receipt of social assistance for a reason other than a disability ineligible to be a sponsor under the family class [R133(1)(k)]. The intent of R133(1)(k) is to bar persons whose primary or sole source of income is “social assistance” benefits from sponsoring a relative under the family class. There are various programs and services provided by P/Ts which confer benefits that IRCC does not consider to be social assistance for the purposes of imposing a bar on sponsorship.

Examples of these would include, but are not limited to:

• subsidized housing
• tax credits
• child care subsidies
• other benefits which would be widely available to residents of a P/T, including persons who are employed

If a sponsor resumes providing for a sponsored member of the family class who had been, but is no longer in receipt of social assistance, they are still in default until such time as social assistance authorities in the /P/T confirm that the debt has been repaid in full.

Sponsorship withdrawal

On the IMM 1344 Application to Sponsor, Sponsorship Agreement and Undertaking form, a sponsor is required to indicate, if they are found ineligible to sponsor, that they choose either of the following scenarios:

• they withdraw the sponsorship application
• they allow IRCC to continue with an assessment of their relative’s application for permanent residence

A family class sponsorship case can be closed by the CPC without a final decision being made on the application for permanent residence when one of the following occurs:

• the sponsor is found to be ineligible to be a sponsor, and indicated in Part 1, Question 1 of the IMM 1344 that their choice was to withdraw the sponsorship application
• the sponsor requests to withdraw the sponsorship

The CPC must enter information in GCMS stating that the case has been closed. When no decision has been made regarding issuance of a permanent resident visa, the sponsor has no right of appeal.

When a sponsor withdraws the application, the CPC will refund both:

• the Right of Permanent Residence Fee (RPRF), if it has been paid
• the application for permanent residence fee, if processing of the application for permanent residence has not already begun

Note: The sponsorship fee can be refunded only in cases where the sponsor requests to withdraw the application before IRCC starts processing it.

A sponsor who is found eligible but contacts IRCC in writing, seeking to withdraw the undertaking before processing has started on the application for permanent residence, is eligible to receive a refund of the permanent residence fee. There is no refund of the sponsorship fee.

A sponsor who requests to withdraw a sponsorship undertaking after the processing of the sponsored relative’s or family member’s application for permanent residence has started is not eligible for a refund of the permanent residence fee, nor do they have a right to an appeal.

If a sponsor withdraws once processing has begun, the application for permanent residence will be closed. Permanent residence cannot be granted to foreign nationals applying as members of the family class and their dependants where a valid sponsorship undertaking is not in effect (R120).

A request to withdraw a sponsorship cannot be accepted if the sponsored person has already become a permanent resident.

A sponsor has the right to withdraw at any time during processing of either the sponsorship application or the application for permanent residence up until the sponsored family member has been granted permanent residence at a Port-of-Entry (POE) or at a local IRCC office. This includes the right to withdraw the sponsorship of a family member who has been issued a Confirmation of Permanent Residence (COPR) and, where applicable, a permanent resident visa, based on a positive final decision, but who has not yet been granted permanent residence by an officer at a POE or in Canada.

IRCC cannot refuse to accept a sponsorship withdrawal request for a sponsored family member who has not yet become a permanent resident. The sponsored family member(s) cannot dispute the withdrawal.

A sponsor who wishes to withdraw must submit a notification to IRCC by web form – a sponsor is not obligated to provide IRCC with the reason(s) why they are requesting to withdraw. A sponsor cannot withdraw their support after the sponsored family class member has become a permanent resident. In such cases, the sponsor is bound by the undertaking, and remains responsible for their relative for the duration specified for the applicable family class category.

Co-signer withdrawal

A co-signer has the right to withdraw at any time during processing of either the sponsorship application or the application for permanent residence up until the sponsored family member has been granted permanent residence at a POE or at a local IRCC office. This includes the right to withdraw the sponsorship of a family member who has been issued a COPR and, where applicable, a permanent resident visa, provided they have not yet become a permanent resident.