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

Marginal note:Withdrawal of sponsorship application

126 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

127 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

128 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.

Marginal note:Requirements for accompanying family members

129 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.

DIVISION 3Sponsors

Marginal note:Sponsor

• 130 (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.

Marginal note:Sponsorship undertaking

131 The sponsor’s undertaking shall be given

• (a) to the Minister; or

• (b) if the sponsor resides in a province that has entered into an agreement referred to in subsection 8(1) of the Act that enables the province to determine and apply financial criteria with respect to sponsorship undertakings and to administer sponsorship undertakings, to the competent authority of the province.

Marginal note:Undertaking — duration

• 132 (1) Subject to subsection (2), the sponsor’s undertaking obliges the sponsor to reimburse Her Majesty in right of Canada or a province for every benefit provided as social assistance to or on behalf of the sponsored foreign national and their family members during the period

  • (a) beginning

    • (i) if the foreign national enters Canada with a temporary resident permit, on the day of that entry,

    • (ii) if the foreign national is in Canada, on the day on which the foreign national obtains a temporary resident permit following an application to remain in Canada as a permanent resident, and

    • (iii) in any other case, on the day on which the foreign national becomes a permanent resident; and

  • (b) ending

    • (i) if the foreign national is the sponsor’s spouse, common-law partner or conjugal partner, on the last day of the period of three years following the day on which the foreign national becomes a permanent resident,

    • (ii) if the foreign national is a dependent child of the sponsor or of the sponsor’s spouse, common-law partner or conjugal partner, or is a person referred to in paragraph 117(1)(g), and is less than 22 years of age on the day on which he or she becomes a permanent resident, on the earlier of

      • (A) the last day of the period of 10 years following the day on which the foreign national becomes a permanent resident, and

      • (B) the day on which the foreign national attains 25 years of age,

    • (iii) if the foreign national is a dependent child of the sponsor or of the sponsor’s spouse, common-law partner or conjugal partner and is 22 years of age or older on the day on which he or she becomes a permanent resident, on the last day of the period of three years following the day on which the foreign national becomes a permanent resident,

    • (iv) on the last day of the period of 20 years following the day on which the foreign national becomes a permanent resident, if the foreign national is

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

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

      • (C) an accompanying family member of the foreign national described in clause (A) or (B), and

    • (v) if the foreign national is a person other than a person referred to in subparagraph (i), (ii), (iii) or (iv), on the last day of the period of 10 years following the day on which the foreign national becomes a permanent resident.

• Marginal note:Undertaking to province — duration

  (2) In the case of an undertaking to a competent authority of a province referred to in paragraph 131(b), the period referred to in subsection (1) shall end not later than

  • (a) if the foreign national is a sponsor’s spouse, common-law partner or conjugal partner, on the last day of the period of three years following the day on which the foreign national becomes a permanent resident;

  • (b) if the foreign national is a dependent child of the sponsor or of the sponsor’s spouse, common-law partner or conjugal partner, or is a person referred to in paragraph 117(1)(g), and is less than 22 years of age on the day on which he or she becomes a permanent resident, the later of

    • (i) the day on which the foreign national attains 22 years of age, and

    • (ii) the last day of the period of 10 years following the day on which the foreign national becomes a permanent resident;

  • (c) if the foreign national is a dependent child of the sponsor or of the sponsor’s spouse, common-law partner or conjugal partner and is 22 years of age or older on the day on which he or she becomes a permanent resident, on the last day of the period of 10 years following the day on which the foreign national becomes a permanent resident;

  • (d) on the last day of the period of 20 years following the day on which the foreign national becomes a permanent resident, if the foreign national 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 subparagraph (i) or (ii); and

  • (e) if the foreign national is a person other than a person referred to in paragraphs (a) to (d), on the last day of the period of 10 years following the day on which the foreign national becomes a permanent resident.

• Marginal note:Undertaking to province — alternate duration

  (3) Despite subsection (2), the period referred to in subsection (1) shall end not later than the day provided for by the laws of the province if that day is

  • (a) in the case of a foreign national referred to in paragraph (2)(a), earlier than the last day referred to in that paragraph;

  • (b) in the case of a foreign national referred to in paragraph (2)(b), earlier than the later of the days referred to in subparagraph (2)(b)(i) and (ii);

  • (c) in the case of a foreign national referred to in paragraph (2)(c), earlier than the last day referred to in that paragraph;

  • (d) in the case of a foreign national referred to in paragraph (2)(d), earlier than the last day referred to in that paragraph; and

  • (e) in the case of a foreign national referred to in paragraph (2)(e), earlier than the last day referred to in that paragraph.

• Marginal note:Agreement

  (4) Subject to paragraph 137(c), if the person is to be sponsored as a member of the family class or of the spouse or common-law partner in Canada class and is 22 years of age or older, or is less than 22 years of age and is the sponsor’s spouse, common-law partner or conjugal partner, the sponsor, the co-signer, if any, and the person must, before the sponsorship application is approved, enter into a written agreement that includes

  • (a) a statement by the sponsor and the co-signer, if any, that they will provide for the basic requirements of the person and their accompanying family members during the applicable period referred to in subsection (1);

  • (b) a declaration by the sponsor and the co-signer, if any, that their financial obligations do not prevent them from honouring their agreement with the person and their undertaking to the Minister in respect of the person’s application; and

  • (c) a statement by the person that they will make every reasonable effort to provide for their own basic requirements as well as those of their accompanying family members.

• Marginal note:Co-signature — undertaking

  (5) Subject to paragraph 137(c), the sponsor’s undertaking may be co-signed by the spouse or common-law partner of the sponsor if the spouse or common-law partner meets the requirements set out in subsection 130(1), except paragraph 130(1)(c), and those set out in subsection 133(1), except paragraph 133(1)(a), and, in that case,

  • (a) the sponsor’s income shall be calculated in accordance with paragraph 134(1)(b) or (c) or (1.1)(b), as applicable; and

  • (b) the co-signing spouse or common-law partner is jointly and severally or solidarily bound with the sponsor to perform the obligations in the undertaking and is jointly and severally or solidarily liable with the sponsor for any breach of those obligations.

Marginal note:Requirements for sponsor

• 133 (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.