Family Class: Assessing the Sponsor

Applications under family classes: Assessing the sponsor

This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.

Page topics

• Legislative requirements for the sponsor
• Sponsors residing abroad
• Multiple applications
• Sponsorship bars
• Financial requirements
• Co-signers
• Sponsorship default
• Sponsorship withdrawal
• Assessing a sponsor’s eligibility
• Sponsorship by Canadian citizens living abroad
• Sponsorship ineligibility identified at the permanent resident processing stage

Legislative requirements for the sponsor

Sponsorship provisions in the Act and Regulations

Provision	Location
Sponsor does not meet requirements	A11(2)
Selection of members of family class	A12(1)
Right to sponsor a family member	A13(1)
Right to appeal family class refusal	A63(1)
Definition of family member	R1(3)
Definition of minimum necessary income	R2
Definition of social assistance	R2
Bad faith (relationship of convenience, dissolutions of convenience)	R4 and R4.1
Requirements of applications	R10
Sponsorship application	R10(4)
Multiple applications	R10(5)
Invalid sponsorship application	R10(6)
Where a sponsorship application must be submitted	R11(5)
Return of an application	R12
Definition of a member of the family class	R117(1)
Withdrawal of sponsorship application	R119
Approved sponsorship application	R120
Members of the Spouse or Common-law Partner in Canada (SCLPC)	R124
Exclusions from the SCLPC class	R125(1)
Withdrawal of SCLPC sponsorship	R126
Approved SCLPC sponsorship application	R127
Who may sponsor	R130(1)
Canadian citizen residing abroad who can sponsor	R130(2)
Undertaking	R131 and R132
Duration of undertaking	R132(1)
Duration of undertaking – Quebec sponsors	R132(2) and (3)
Sponsorship Agreement	R132(4)
Who can co-sign an undertaking	R132(5)
Sponsorship criteria and bars	R133
Income calculation rules	R134
Default of a sponsorship undertaking	R135
Suspension of a sponsorship application	R136
Undertaking, Province of Quebec	R137
Collection and disclosure of a sponsor’s/co-signer’s personal information	R137.1

Relatives who are not eligible to be sponsored under the family class

Provision	Location
A spouse, common-law partner or conjugal partner under 18 years of age	R 5 R 117(9)(a) R 125(1)(a)
A spouse, common-law partner or conjugal partner, if the sponsor previously submitted an undertaking for a spouse, common-law partner or conjugal partner, and at least three years have not passed since that person became a permanent resident.	R 117(9)(b) R 125(1)(b) R 132(1)
A spouse, common-law partner or conjugal partner, if the sponsor is already married or in a common-law relationship (bigamous or polygamous relationship).	R 117(9)(c) R 125(1)(c)
A separated or former spouse or common-law partner or other non- accompanying family members who were not examined at the time of the sponsor’s application for permanent residence. For more information on excluded relationships, see “Family class: Excluded relationships”. (add link later)	R 117(9)(d) R 117(10) R 117(11) R 125(1)(d) R 125(2) R 125(3) R4.1

A sponsor must be a Canadian citizen, permanent resident or Status Indian who

• is at least 18 years of age
• resides in Canada

Note: A Status Indian is a person who is registered or entitled to be registered as an Indian under Canada’s Indian Act. Status Indians were unintentionally omitted from the list of persons who may sponsor a foreign national in A13 (who may sponsor). They are administratively included as persons who can sponsor under the family class.

All sponsors must:

• meet the legislative requirements
• submit complete sponsorship applications containing all necessary forms and supporting documents listed in the Document Checklist for the applicable family class program or category [R10]
• sign an IMM 1344 Application to Sponsor, Sponsorship Agreement and Undertaking
• not be subject to a sponsorship bar [R133(1)]

Sponsors must indicate in Q1 on the IMM 1344 whether they wish to proceed with the sponsorship even if they do not meet the requirements to sponsor. If not, a sponsor may withdraw the sponsorship application and receive a refund of all but the sponsorship processing fee. If, however, the sponsor indicates that they wish to proceed, the applications will be sent to the processing office for assessment and final decision.

Sponsors residing abroad

Canadian citizen sponsors living outside Canada may sponsor their spouse, common-law partner, conjugal partner or dependent child (provided that child does not have dependent children of their own). In such cases, an officer must be satisfied that the sponsor will return to reside in Canada once the family members they sponsor become permanent residents of Canada [R130(2)].