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

Regulations are current to 2015-06-22 and last amended on 2015-06-12. Previous Versions

Marginal note:Approval of application
  •  (1) An officer shall approve an application referred to in paragraph 153(1)(b) if, on the basis of the documentation submitted with the application, the officer determines that

    • (a) the sponsor has the financial resources to fulfil the settlement plan for the duration of the undertaking, unless subsection 157(1) applies; and

    • (b) the sponsor has made adequate arrangements in anticipation of the arrival of the foreign national and their family members in the expected community of settlement.

  • Marginal note:Duration of sponsor's undertaking

    (2) Subject to subsection (3), the duration of an undertaking is one year.

  • Marginal note:Officer's determination

    (3) An officer may, on the basis of the assessment made under paragraph 139(1)(g), require that the duration of the undertaking be more than one year but not more than three years.

Marginal note:Revoking approval

 An officer shall revoke an approval given in respect of an application under section 154 if the officer determines that the sponsor no longer meets the requirements of paragraph 154(1)(a) or (b) or is ineligible under subsection 156(1).

Marginal note:Ineligibility to be a party to a sponsorship
  •  (1) The following persons are ineligible to be a party to a sponsorship:

    • (a) a person who has been convicted in Canada of the offence of murder or an offence set out in Schedule I or II to the Corrections and Conditional Release Act, regardless of whether it was prosecuted by indictment, if a period of five years has not elapsed since the completion of the person’s sentence;

    • (b) a person who has been convicted of an offence outside Canada that, if committed in Canada, would constitute an offence referred to in paragraph (a), if a period of five years has not elapsed since the completion of the person's sentence imposed under a foreign law;

    • (c) a person who is in default of any support payment obligations ordered by a court;

    • (d) a person who is subject to a removal order;

    • (e) a person who is subject to a revocation proceeding under the Citizenship Act; and

    • (f) a person who is detained in any penitentiary, jail, reformatory or prison.

  • Marginal note:Exception if pardoned

    (2) For the purpose of paragraph (1)(a), a sponsorship application may not be refused on the basis of a conviction in respect of which a pardon has been granted and has not ceased to have effect or been revoked under the Criminal Records Act, or in respect of which there has been a final determination of an acquittal.

  • SOR/2010-195, s. 14.