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

Regulations are current to 2022-05-02 and last amended on 2022-04-26. Previous Versions

PART 7Family Classes (continued)

DIVISION 3Sponsors (continued)

Marginal note:Requirements for sponsor

  •  (1) A sponsorship application shall only be approved by an officer if, on the day on which the application was filed and from that day until the day a decision is made with respect to the application, there is evidence that the sponsor

    • (a) is a sponsor as described in section 130;

    • (b) intends to fulfil the obligations in the sponsorship undertaking;

    • (c) is not subject to a removal order;

    • (d) is not detained in any penitentiary, jail, reformatory or prison;

    • (e) has not been convicted under the Criminal Code of

      • (i) an offence of a sexual nature, or an attempt or a threat to commit such an offence, against any person,

      • (i.1) an indictable offence involving the use of violence and punishable by a maximum term of imprisonment of at least 10 years, or an attempt to commit such an offence, against any person, or

      • (ii) an offence that results in bodily harm, as defined in section 2 of the Criminal Code, to any of the following persons or an attempt or a threat to commit such an offence against any of the following persons:

        • (A) a current or former family member of the sponsor,

        • (B) a relative of the sponsor, as well as a current or former family member of that relative,

        • (C) a relative of the family member of the sponsor, or a current or former family member of that relative,

        • (D) a current or former conjugal partner of the sponsor,

        • (E) a current or former family member of a family member or conjugal partner of the sponsor,

        • (F) a relative of the conjugal partner of the sponsor, or a current or former family member of that relative,

        • (G) a child under the current or former care and control of the sponsor, their current or former family member or conjugal partner,

        • (H) a child under the current or former care and control of a relative of the sponsor or a current or former family member of that relative, or

        • (I) someone the sponsor is dating or has dated, whether or not they have lived together, or a family member of that person;

    • (f) has not been convicted outside Canada of an offence that, if committed in Canada, would constitute an offence referred to in paragraph (e);

    • (g) subject to paragraph 137(c), is not in default of

      • (i) any sponsorship undertaking, or

      • (ii) any support payment obligations ordered by a court;

    • (h) is not in default in respect of the repayment of any debt referred to in subsection 145(1) of the Act payable to Her Majesty in right of Canada;

    • (i) subject to paragraph 137(c), is not an undischarged bankrupt under the Bankruptcy and Insolvency Act;

    • (j) if the sponsor resides

      • (i) in a province other than a province referred to in paragraph 131(b),

        • (A) has a total income that is at least equal to the minimum necessary income, if the sponsorship application was filed in respect of a foreign national other than a foreign national referred to in clause (B), or

        • (B) has a total income that is at least equal to the minimum necessary income, plus 30%, for each of the three consecutive taxation years immediately preceding the date of filing of the sponsorship application, if the sponsorship application was filed in respect of a foreign national who is

          • (I) the sponsor’s mother or father,

          • (II) the mother or father of the sponsor’s mother or father, or

          • (III) an accompanying family member of the foreign national described in subclause (I) or (II), and

      • (ii) in a province referred to in paragraph 131(b), is able, within the meaning of the laws of that province and as determined by the competent authority of that province, to fulfil the undertaking referred to in that paragraph; and

    • (k) is not in receipt of social assistance for a reason other than disability.

  • Marginal note:Exception — conviction in Canada

    (2) Despite paragraph (1)(e), a sponsorship application may not be refused

    • (a) on the basis of a conviction in Canada 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; or

    • (b) if a period of five years or more has elapsed since the completion of the sentence imposed for an offence in Canada referred to in paragraph (1)(e).

  • Marginal note:Exception — conviction outside Canada

    (3) Despite paragraph (1)(f), a sponsorship application may not be refused

    • (a) on the basis of a conviction outside Canada in respect of which there has been a final determination of an acquittal; or

    • (b) if a period of five years or more has elapsed since the completion of the sentence imposed for an offence outside Canada referred to in that paragraph and the sponsor has demonstrated that they have been rehabilitated.

  • Marginal note:Exception to minimum necessary income

    (4) Paragraph (1)(j) does not apply if the sponsored person is

    • (a) the sponsor’s spouse, common-law partner or conjugal partner and has no dependent children;

    • (b) the sponsor’s spouse, common-law partner or conjugal partner and has a dependent child who has no dependent children; or

    • (c) a dependent child of the sponsor who has no dependent children or a person referred to in paragraph 117(1)(g).

  • Marginal note:Adopted sponsor

    (5) A person who is adopted outside Canada and whose adoption is subsequently revoked by a foreign authority or by a court in Canada of competent jurisdiction may sponsor an application for a permanent resident visa that is made by a member of the family class only if the revocation of the adoption was not obtained for the purpose of sponsoring that application.

  • SOR/2004-167, s. 45
  • SOR/2005-61, s. 6
  • SOR/2011-262, s. 1
  • SOR/2013-246, s. 2
  • SOR/2014-140, s. 10(E)

Marginal note:Income calculation rules

  •  (1) Subject to subsection (3), for the purpose of clause 133(1)(j)(i)(A), the sponsor’s total income shall be calculated in accordance with the following rules:

    • (a) the sponsor’s income shall be calculated on the basis of the last notice of assessment, or an equivalent document, issued by the Minister of National Revenue in respect of the most recent taxation year preceding the date of filing of the sponsorship application;

    • (b) if the sponsor produces a document referred to in paragraph (a), the sponsor’s income is the income earned as reported in that document less the amounts referred to in subparagraphs (c)(i) to (v);

    • (c) if the sponsor does not produce a document referred to in paragraph (a), or if the sponsor’s income as calculated under paragraph (b) is less than their minimum necessary income, the sponsor’s income is the sponsor’s Canadian income earned during the 12-month period preceding the date of filing of the sponsorship application not including

      • (i) any provincial allowance received by the sponsor for a program of instruction or training,

      • (ii) any social assistance received by the sponsor from a province,

      • (iii) any financial assistance received by the sponsor from the Government of Canada under a resettlement assistance program,

      • (iv) any amounts paid to the sponsor under the Employment Insurance Act, other than special benefits,

      • (v) any monthly guaranteed income supplement paid to the sponsor under the Old Age Security Act, and

      • (vi) any Canada child benefit paid to the sponsor under the Income Tax Act; and

    • (d) if there is a co-signer, the income of the co-signer, as calculated in accordance with paragraphs (a) to (c), with any modifications that the circumstances require, shall be included in the calculation of the sponsor’s income.

  • Marginal note:Exception

    (1.1) Subject to subsection (3), for the purpose of clause 133(1)(j)(i)(B), the sponsor’s total income shall be calculated in accordance with the following rules:

    • (a) the sponsor’s income shall be calculated on the basis of the income earned as reported in the notices of assessment, or an equivalent document, issued by the Minister of National Revenue in respect of each of the three consecutive taxation years immediately preceding the date of filing of the sponsorship application;

    • (b) the sponsor’s income is the income earned as reported in the documents referred to in paragraph (a), not including

      • (i) any provincial allowance received by the sponsor for a program of instruction or training,

      • (ii) any social assistance received by the sponsor from a province,

      • (iii) any financial assistance received by the sponsor from the Government of Canada under a resettlement assistance program,

      • (iv) any amounts paid to the sponsor under the Employment Insurance Act, other than special benefits,

      • (v) any monthly guaranteed income supplement paid to the sponsor under the Old Age Security Act, and

      • (vi) any Canada child benefit paid to the sponsor under the Income Tax Act; and

    • (c) if there is a co-signer, the income of the co-signer, as calculated in accordance with paragraphs (a) and (b), with any modifications that the circumstances require, shall be included in the calculation of the sponsor’s income.

  • Marginal note:Updated evidence of income

    (2) An officer may request from the sponsor, after the receipt of the sponsorship application but before a decision is made on an application for permanent residence, updated evidence of income if

    • (a) the officer receives information indicating that the sponsor is no longer able to fulfil the obligations of the sponsorship undertaking; or

    • (b) more than 12 months have elapsed since the receipt of the sponsorship application.

  • Marginal note:Modified income calculation rules

    (3) When an officer receives the updated evidence of income requested under subsection (2), the sponsor’s total income shall be calculated in accordance with subsection (1) or (1.1), as applicable, except that

    • (a) in the case of paragraph (1)(a), the sponsor’s income shall be calculated on the basis of the last notice of assessment, or an equivalent document, issued by the Minister of National Revenue in respect of the most recent taxation year preceding the day on which the officer receives the updated evidence;

    • (b) in the case of paragraph (1)(c), the sponsor’s income is the sponsor’s Canadian income earned during the 12-month period preceding the day on which the officer receives the updated evidence; and

    • (c) in the case of paragraph (1.1)(a), the sponsor’s income shall be calculated on the basis of the income earned as reported in the notices of assessment, or an equivalent document, issued by the Minister of National Revenue in respect of each of the three consecutive taxation years immediately preceding the day on which the officer receives the updated evidence.

Marginal note:Default

 For the purpose of subparagraph 133(1)(g)(i), the default of a sponsorship undertaking

  • (a) begins when

    • (i) a government makes a payment that the sponsor has in the undertaking promised to repay, or

    • (ii) an obligation set out in the undertaking is breached; and

  • (b) ends, as the case may be, when

    • (i) the sponsor reimburses the government concerned, in full or in accordance with an agreement with that government, for amounts paid by it, or

    • (ii) the sponsor ceases to be in breach of the obligation set out in the undertaking.

  • SOR/2014-140, s. 11(F)

Marginal note:Suspension during proceedings against sponsor or co-signer

  •  (1) If any of the following proceedings are brought against a sponsor or co-signer, the sponsorship application shall not be processed until there has been a final determination of the proceeding:

    • (a) the revocation of citizenship under the Citizenship Act;

    • (b) a report prepared under subsection 44(1) of the Act; or

    • (c) a charge alleging the commission of an offence under an Act of Parliament punishable by a maximum term of imprisonment of at least 10 years.

  • Marginal note:Suspension following proceeding

    (2) In respect of a proceeding to which subsection 63(4) of the Act applies, the sponsorship application shall not be processed until the later of

    • (a) the period for making an appeal under that subsection has expired, and

    • (b) if an appeal is made, the final determination of the appeal.

Marginal note:Undertaking — Province of Quebec

 If the sponsor resides in the Province of Quebec, the government of which has entered into an agreement referred to in paragraph 131(b),

  • (a) the sponsor’s undertaking, given in accordance with section 131, is the undertaking required by An Act respecting immigration to Québec, R.S.Q., c.I-0.2, as amended from time to time;

  • (b) an officer shall approve the sponsorship application only if there is evidence that the competent authority of the Province has determined that the sponsor, on the day the undertaking was given as well as on the day a decision was made with respect to the application, was able to fulfil the undertaking; and

  • (c) subsections 132(4) and (5) and paragraphs 133(1)(g) and (i) do not apply.

DIVISION 3.1Collection and Disclosure of Information

Marginal note:Collection of social insurance number

  •  (1) The Minister may collect the social insurance numbers of a sponsor and a co-signer who have submitted an application to sponsor a person set out in clause 133(1)(j)(i)(B), in order to verify that they meet the requirements set out in clause 133(1)(j)(i)(B) and in paragraph 133(1)(k).

  • Marginal note:Disclosure of social insurance number

    (2) The Minister may disclose the social insurance numbers of the sponsor and the co-signer to the Canada Revenue Agency for the purposes set out in subsection (1) if the Minister has entered into an arrangement with the Agency for the disclosure of that information.

  • SOR/2015-138, s. 2

PART 8Refugee Classes

DIVISION 1Convention Refugees Abroad, Humanitarian-protected Persons Abroad and Protected Temporary Residents

[
  • SOR/2011-222, s. 2
]

Interpretation

Marginal note:Definitions

 The definitions in this section apply in this Division and in Division 2.

group

group means

  • (a) five or more Canadian citizens or permanent residents, each of whom is at least 18 years of age, who are acting together for the purpose of sponsoring a Convention refugee or a person in similar circumstances; or

  • (b) one or more Canadian citizens or permanent residents, each of whom is at least 18 years of age, and a corporation or unincorporated organization or association referred to in subsection 13(2) of the Act, acting together for the purpose of sponsoring a Convention refugee or a person in similar circumstances. (groupe)

referral organization

referral organization means

  • (a) the United Nations High Commissioner for Refugees; or

  • (b) any organization with which the Minister has entered into a memorandum of understanding under section 143. (organisation de recommandation)

sponsor

sponsor means

  • (a) a group, a corporation or an unincorporated organization or association referred to in subsection 13(2) of the Act, or any combination of them, that is acting for the purpose of sponsoring a Convention refugee or a person in similar circumstances; or

  • (b) for the purposes of section 158, a sponsor within the meaning of the regulations made under An Act respecting immigration to Québec, R.S.Q., c.I-0.2, as amended from time to time. (répondant)

undertaking

undertaking means an undertaking in writing to the Minister to provide resettlement assistance, lodging and other basic necessities in Canada for a member of a class prescribed by this Division, the member’s accompanying family members and any of the member’s non-accompanying family members who meet the requirements of section 141, for the period determined in accordance with subsections 154(2) and (3). (engagement)

urgent need of protection

urgent need of protection means, in respect of a member of the Convention refugee abroad or the country of asylum class, that their life, liberty or physical safety is under immediate threat and, if not protected, the person is likely to be

  • (a) killed;

  • (b) subjected to violence, torture, sexual assault or arbitrary imprisonment; or

  • (c) returned to their country of nationality or of their former habitual residence. (besoin urgent de protection)

vulnerable

vulnerable means, in respect of a Convention refugee or a person in similar circumstances, that the person has a greater need of protection than other applicants for protection abroad because of the person’s particular circumstances that give rise to a heightened risk to their physical safety. (vulnérable)

  • SOR/2009-163, s. 2(F)
  • SOR/2011-222, s. 3
 
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