Immigration and Refugee Protection Regulations (SOR/2002-227)

Regulations are current to 2016-09-18 and last amended on 2016-06-13. Previous Versions

Marginal note:Medical condition

 A foreign national who is an adopted dependent child or is a person referred to in paragraph 117(1)(f) or (g) shall not be issued a permanent resident visa as a member of the family class unless the sponsor has provided a statement in writing confirming that they have obtained information about the medical condition of the child or of the foreign national.

  • SOR/2005-61, s. 4;
  • SOR/2010-195, s. 12.
Marginal note:Withdrawal of sponsorship application

 A decision shall not be made on an application for a permanent resident visa by a member of the family class if the sponsor withdraws their sponsorship application in respect of that member.

Marginal note:Approved sponsorship application

 For the purposes of Part 5,

  • (a) a permanent resident visa shall not be issued to a foreign national who makes an application as a member of the family class or to their accompanying family members unless a sponsorship undertaking in respect of the foreign national and those family members is in effect; and

  • (b) a foreign national who makes an application as a member of the family class and their accompanying family members shall not become permanent residents unless a sponsorship undertaking in respect of the foreign national and those family members is in effect and the sponsor who gave that undertaking still meets the requirements of section 133 and, if applicable, section 137.

Marginal note:Requirements

 Subject to subsection 25.1(1), a person who is a member of the family class or a family member of a member of the family class who makes an application under Division 6 of Part 5 must be a family member of the applicant or of the sponsor both at the time the application is made and at the time of the determination of the application.

  • SOR/2004-167, s. 42;
  • SOR/2014-133, s. 6.
Marginal note:Requirements for accompanying family members

 A foreign national who is an accompanying family member of a person who makes an application as a member of the family class shall become a permanent resident if, following an examination, it is established that

  • (a) the person who made the application has become a permanent resident; and

  • (b) the family member is not inadmissible.

  • SOR/2008-202, s. 9(F).

DIVISION 2Spouse or Common-Law Partner in Canada Class

Marginal note:Class

 For the purposes of subsection 12(1) of the Act, the spouse or common-law partner in Canada class is hereby prescribed as a class of persons who may become permanent residents on the basis of the requirements of this Division.

Marginal note:Member

 A foreign national is a member of the spouse or common-law partner in Canada class if they

  • (a) are the spouse or common-law partner of a sponsor and cohabit with that sponsor in Canada;

  • (b) have temporary resident status in Canada; and

  • (c) are the subject of a sponsorship application.

Marginal note:Excluded relationships
  •  (1) A foreign national shall not be considered a member of the spouse or common-law partner in Canada class by virtue of their relationship to the sponsor if

    • (a) the foreign national is the sponsor’s spouse or common-law partner and is under 18 years of age;

    • (b) the foreign national is the sponsor's spouse or common-law partner, the sponsor has an existing sponsorship undertaking in respect of a spouse or common-law partner and the period referred to in subsection 132(1) in respect of that undertaking has not ended;

    • (c) the foreign national is the sponsor's spouse and

      • (i) the sponsor or the spouse was, at the time of their marriage, the spouse of another person, or

      • (ii) the sponsor has lived separate and apart from the foreign national for at least one year and

        • (A) the sponsor is the common-law partner of another person or the sponsor has a conjugal partner, or

        • (B) the foreign national is the common-law partner of another person or the conjugal partner of another sponsor;

    • (c.1) the foreign national is the sponsor’s spouse and if at the time the marriage ceremony was conducted either one or both of the spouses were not physically present unless the foreign national was married to a person who was not physically present at the ceremony as a result of their service as a member of the Canadian Forces and the marriage is valid both under the laws of the jurisdiction where it took place and under Canadian law; or

    • (d) subject to subsection (2), the sponsor previously made an application for permanent residence and became a permanent resident and, at the time of that application, the foreign national was a non-accompanying family member of the sponsor and was not examined.

  • Marginal note:Exception

    (2) Subject to subsection (3), paragraph (1)(d) does not apply in respect of a foreign national referred to in that paragraph who was not examined because an officer determined that they were not required by the Act or the former Act, as applicable, to be examined.

  • Marginal note:Application of par. (1)(d)

    (3) Paragraph (1)(d) applies in respect of a foreign national referred to in subsection (2) if an officer determines that, at the time of the application referred to in that paragraph,

    • (a) the sponsor was informed that the foreign national could be examined and the sponsor was able to make the foreign national available for examination but did not do so or the foreign national did not appear for examination; or

    • (b) the foreign national was the sponsor's spouse, was living separate and apart from the sponsor and was not examined.

  • Definition of former Act

    (4) In subsection (2), former Act has the same meaning as in section 187 of the Act.

  • SOR/2004-167, s. 43;
  • SOR/2010-195, s. 13;
  • SOR/2015-139, s. 3.
Marginal note:Withdrawal of sponsorship application

 A decision shall not be made on an application for permanent residence by a foreign national as a member of the spouse or common-law partner in Canada class if the sponsor withdraws their sponsorship application in respect of that foreign national.

Marginal note:Approved sponsorship application

 For the purposes of Part 5, a foreign national who makes an application as a member of the spouse or common-law partner in Canada class and their accompanying family members shall not become a permanent resident unless a sponsorship undertaking in respect of the foreign national and those family members is in effect and the sponsor who gave that undertaking still meets the requirements of section 133 and, if applicable, section 137.

Marginal note:Requirements — family member

 The requirements with respect to a person who is a family member of a member of the spouse or common-law partner in Canada class who makes an application under Division 6 of Part 5 are the following:

  • (a) subject to subsection 25.1(1), the person is a family member of the applicant both at the time the application is made and at the time of the determination of the application; and

  • (b) at the time it is made, the application includes a request for the family member to remain in Canada as a permanent resident.

  • SOR/2014-133, s. 7.
Marginal note:Requirements for accompanying family members

 A foreign national who is an accompanying family member of a person who makes an application as a member of the spouse or common-law partner in Canada class shall become a permanent resident if, following an examination, it is established that

  • (a) the person who made the application has become a permanent resident; and

  • (b) the family member is not inadmissible.

  • SOR/2008-202, s. 10(F).

DIVISION 3Sponsors

Marginal note:Sponsor
  •  (1) Subject to subsections (2) and (3), a sponsor, for the purpose of sponsoring a foreign national who makes an application for a permanent resident visa as a member of the family class or an application to remain in Canada as a member of the spouse or common-law partner in Canada class under subsection 13(1) of the Act, must be a Canadian citizen or permanent resident who

    • (a) is at least 18 years of age;

    • (b) resides in Canada; and

    • (c) has filed a sponsorship application in respect of a member of the family class or the spouse or common-law partner in Canada class in accordance with section 10.

  • Marginal note:Sponsor not residing in Canada

    (2) A sponsor who is a Canadian citizen and does not reside in Canada may sponsor a foreign national who makes an application referred to in subsection (1) and is the sponsor’s spouse, common-law partner, conjugal partner or dependent child who has no dependent children, if the sponsor will reside in Canada when the foreign national becomes a permanent resident.

  • Marginal note:Five-year requirement

    (3) A sponsor who became a permanent resident or a Canadian citizen after being sponsored as a spouse, common-law partner or conjugal partner under subsection 13(1) of the Act may not sponsor a foreign national referred to in subsection (1) as a spouse, common-law partner or conjugal partner, unless the sponsor has been a permanent resident, or a Canadian citizen, or a combination of the two, for a period of at least five years immediately preceding the day on which a sponsorship application referred to in paragraph (1)(c) is filed by the sponsor in respect of the foreign national.

  • SOR/2012-20, s. 1;
  • SOR/2015-139, s. 4.
 
Date modified: