The Processing Goals
The table given below specifies the processing time for members of the family class.
| The Member of the Family Class | The Processing Goals |
| Spouses, common-law partners, conjugal partners and dependent children outside Canada | The authorities accord the highest priority to sponsorship applications involving spouses, common-law partners or conjugal partners and dependent children. It is worth mentioning that these are operational and not regulatory priorities. |
| Adopted children or children to be adopted | The authorities accord priority to these cases as they usually involve minors who have been abandoned and placed with child welfare authorities. This often leaves these children without parental care. For more information, officers will need to see the provisions specified in OP 3. |
| Other members of the family class (including orphaned relatives) | There are no processing priorities for either the sponsorship or applications for permanent residence. However, individual visa office websites will provide current processing information on applications for permanent residence. |
| Spouse or common-law partner in Canada Class | For processing goals pertaining to the spouse or common-law partner in Canada Class, officers will need to see the provisions specified in IP 8. |
The Guidelines for Filing a Family Class Application for Permanent Residence
Applicants typically need to forward their applications for permanent residence to their sponsors. The sponsors will thereafter, need to submit these applications along with their sponsorship applications to the Case Processing Centre in Mississauga (CPC-M). The applicants who will usually need to forward their applications for permanent residence to their sponsors will comprise:
- Spouses
- Common-law partners
- Conjugal partners and,
- Dependent children
The authorities typically provide a span of 12 months (one year) to other family class members within which these individuals will need to submit their applications for permanent residence to the appropriate visa offices. The one-year period usually begins on the date, specified by the Case Processing Centre in Mississauga (CPC-M) in the sponsorship recommendation letter to the sponsor. This is also the same date on which the officers download the sponsorship file to the respective visa office. Similarly, the authorities also provide a span of 12 months to orphaned relatives for submitting their application for permanent residence.
For more details on the filling of applications, officers would need to go through the section titled ‘Who May Be Sponsored, What is Required and Where to Submit’ that appears subsequently in this document i.e. section 5.16 of IP 2.
The Members of the Family Class
In the view of the authorities, the members of the family class will typically include:
- Spouses, common-law or conjugal partners
- Dependent children
- This is regardless of which parent is supporting the child and,
- This also includes children adopted overseas
- Father or mother
- Grandfather or grandmother
- Orphans under 18 years of age (if they are siblings, nieces or nephews or grandchildren of the sponsor)
- Children under the age of 18 years who will be adopted in Canada and,
- One relative, in case there is no member of the family class who is a Canadian citizen, Indian or permanent resident or who could be sponsored
For more details on the legislative references, definitions, assessment of relationships and processing of applications for a permanent resident visa, officers will need to go through the details specified in OP 2.
The Guidelines for Adoptions and Orphaned Relatives
Adoptions typically include adoptions completed abroad as well as the intention to adopt in Canada. Sponsors will need to state the situation that applies and whether the child is:
- Already adopted
- To be adopted abroad or,
- To be adopted in Canada
Sponsors will also need to state the country where the child is living. However, this might not always be the same as the child’s country of citizenship. In some cases, it might be possible that the sponsor might not have identified the child. In this scenario, the sponsors would need to specify the country that they intend to adopt the child from in their sponsorship applications. Thereafter, they will need to provide the name of the child to the visa office and the provincial adoption authorities as soon as they identify the child.
Orphaned Relatives: The authorities permit Canadian citizens and permanent residents to sponsor applications for permanent residence from their orphaned relatives who are less than 18 years of age.
Guardianships: The regulations governing guardianships did not come into effect on June 28, 2002. This is in accordance with the provisions specified in R365 (2).
Financial Tests: Sponsors of adopted children remain exempt from the financial test. However, sponsors of orphaned relatives will need to meet the prescribed financial test.
Province: The Case Processing Centre in Mississauga (CPC-M) typically requests provincial concurrence to arrangements for the reception and the care of the child. The province where the child will live will need to issue one of the following:
- A notice of agreement or,
- A no objection letter
On occasions, the province where the child will live might issue a no involvement letter in lieu of the no objection letter. This change will typically depend upon the particulars of the situation. The sponsor will not need to provide a letter from the province in the case of orphaned relatives.
The provisions specified in OP 3 cover the assessment of adoption situations at visa offices. These provisions apply to the following as well:
- Relationships of convenience
- Determining medical inadmissibility
- Determining whether children can or cannot be adopted in their country of origin
- The role of provincial authorities
- Assessing against other immigration requirements and,
- Processing the application for permanent residence
The website of Citizenship and Immigration Canada (CIC) provides additional information on where sponsors would be able to obtain a list of federal, provincial and territorial contacts for international adoptions.
The Guidelines for Applicants Seeking Permanent Residence Status on Humanitarian and Compassionate (H&C) Grounds
The authorities require Humanitarian and Compassionate (H&C) applications based on family class relationships to accompany sponsorships from Canadian citizens or permanent residents. This is a practical manner by which relatives in Canada can demonstrate their commitment to support their family members in Canada. Officers will typically assess sponsors of their applicants against eligibility and admissibility requirements. In addition, officers will assess sponsors of these applicants against the prescribed sponsorship bars. Sponsors will need to sign an undertaking and an agreement, whereby they will promise to provide for the basic needs of the sponsored applicant. This is similar to the case with sponsors in the family class categories. In case the sponsors fail to live up to these obligations, they would end up being in default.
While evaluating applications for Humanitarian and Compassionate (H&C) considerations, officers will need to consider:
- The existence of a sponsorship or a lack thereof and,
- The sponsor’s ability to meet or not meet sponsorship requirements and its comparative importance
The Guidelines for the Spouse or Common-Law Partner in Canada Class
The Regulations have created a class for spouses or common-law partners in Canada and their dependent children. This is useful in case the spouse or common-law partner has legal temporary status in Canada and has submitted an application for sponsorship as a member of this class. The Case Processing Centre in Vegreville (CPC-V) will typically process the sponsorship and permanent residence applications that sponsors and members of this class will submit. In some cases, officers might require additional information pertaining to the processing of applications for permanent residence by members of this class. For this, they would need to go through the details given in IP 8.
The Guidelines for the Exclusion from Membership in the Family Class
The Regulations typically prescribe relationships that exclude applicants from membership in the family class.
The authorities require both the applicant and the applicant’s family members, whether accompanying or not, to meet the prescribed requirements of the legislation. This is mandatory under both the previous legislation and the Immigration and Refugee Protection Act (IRPA). It is worth highlighting that there are no exceptions to the requirement of declaring family members. With few exceptions, this also means that the officers will need to examine all family members as part of the application for permanent residence.
The provisions specified in R125 (1) (d) and the overseas equivalent R117 (9) (d) serve to exclude people from membership in the family class by virtue of their relation to the sponsor. This is especially so in case the officers did not examine them as part of the sponsor’s application for permanent residence. The intent of this regulation was to ensure that in case the applicant took a decision whereby the officers were unable to examine a family member, the applicant would not be able to derive benefits by sponsoring this individual as a member of the family class subsequently.
In order to preserve the right to sponsor, the applicant will need to ensure that the non-accompanying family members undergoes the prescribed examination. To facilitate this, officers will need to counsel the applicants about this. In case the applicants chooses to decline the advice, the officers will need to note this on the record.
The Consequences of No Examination
In some cases, it is possible that Citizenship and Immigration Canada (CIC) took the decision not to examine family members.
It is worth highlighting that the exclusion of R125 (1) (d) does not apply to applicants where the facts establish that an officer determined, during the course of the sponsor’s own application for permanent residence, that this applicant (then a family member of the sponsor) did not require undergoing the prescribed examinations as applicable, under the provisions specified in the Immigration and Refugee Protection Act (IRPA) or the former Act. This is in accordance with the provisions specified in R125 (2).
The key notion operating here is whether this action was the decision of the officer who, on receiving complete information about the existence of the family member courtesy the truthful declaration of the sponsor, determined that this family member did not require undergoing the prescribed examination and, in addition, did not permit the family member to undergo examining. In addition, the key notion also involves assessing whether the officer did not advise the applicant of the consequences of not letting the officers examine the family member.
In case the authorities find that the officer did indeed make the decision for non-examination, then the authorities will not enforce the application of the provisions specified in R125 (1) (d). As such, the authorities will not exclude the family member.
In some cases, Citizenship and Immigration Canada (CIC) might determine that the applicant could have undergone the prescribed examining, but did not.
The provisions specified in R125 (1) (d) will apply, regarding an applicant, if an officer determines that this applicant could have gone through the required examining during the sponsor’s own application for permanent residence, but then the sponsor decided not to make the applicant available for examination or the applicant did not appear for the examination. This is in accordance with the provisions specified in R125 (3).
In this scenario, it is worth highlighting that the choice typically rests with the sponsor or with the applicant, and not with an office of the Department. As such, the authorities will exclude the applicant because the applicant did not undergo the prescribed examining as part of the sponsor’s own application for permanent residence. This is in accordance with the provisions specified in R125 (1) (d).
In addition, the provisions specified in R125 (3) (b) provide further clarity about excluded family members. It notes that spouses that were living separate and apart from the sponsor and who did not undergo examining remain excluded from the family class. This is in accordance with the provisions specified in R125 (1) (d).
For more information on the determination and assessment of relationships, officers will need to go through the provisions specified in OP 2. However, it might be worthwhile noting the following overseas versus inland equivalents when they consult OP 2.
| The Overseas Provision | The Inland Provision |
| R117 (9) (d) | R125 (1) (d) |
| R117 (10) | R125 (2) |
| R117 (11) | R125 (3) |
The table that follows provided details of relationships that the authorities typically exclude for the purpose of sponsorship:
| The Regulation | The Relationship | Comments |
| R117 (9) (a) R125 (1) (a) | Spouse, common-law partner or conjugal partner under the age of 16 years | Consistent with exclusion as family member for all classes in R5 |
| R117 (9) (b) R125 (1) (b) R132 (1) | Sponsor of spouse, common-law partner or conjugal partner has existing undertaking that has not yet ended for another spouse, common-law partner or conjugal partner | Sponsors of spouses or partners under the previous Act, who signed 10-year undertakings, will need to wait three years before being eligible to sponsor again. It is worth highlighting that the 10-year undertakings remain valid for the entire span. However, the authorities have shortened the exclusion to three years. |
| R117 (9) (c) R125 (1) (c) | Bigamous or polygamous relationships | Mutual commitment, exclusivity and interdependence are key elements of conjugal relationships, including marriage, common-law relationships and conjugal partnerships |
| R117 (9) (d) R117 (10) R117 (11) R125 (1) (d) R125 (2) R125 (3) R4.1 | Separated or former spouse or common-law partner or other non-accompanying family members who did not go through the prescribed examining at the time of the sponsor’s application for permanent residence | Excludes family members that the sponsor did not list or send for examining when applying for permanent residence. In case Citizenship and Immigration Canada (CIC) knew about the family members, but chose not to call them for examining, depending on the circumstances, the authorities might not exclude them from the family class e.g. family members of refugees who the authorities could not locate for examining at the time of the initial application and who did not apply within the one-year window. Officers will need to refer to OP 2 for more details. |
The Exceptions to Excluded Relationships
In some cases, it is likely that the provisions specified in the Immigration and Refugee Protection Act (IRPA) might end up creating family members.
The definition of family members given in the Immigration and Refugee Protection Act (IRPA) includes family members such as common-law partners and dependent children (ranging from 19 to 22 years). Because the provisions specified in the Immigration and Refugee Protection Act (IRPA) led to the creation of these family members, applicants do not need to add these individuals to applications they had submitted prior to the implementation of the Immigration and Refugee Protection Act (IRPA).
Transition regulations gave the sponsor the choice of adding these individuals or not adding them. In either case, the authorities could not penalise the sponsor. Therefore, the authorities do not exclude family members ‘newly created’ under the provisions of the Immigration and Refugee Protection Act (IRPA) and not included in applications submitted prior to the implementation of the Immigration and Refugee Protection Act (IRPA) from the family class. In addition, these individuals could obtain sponsorship from the same sponsor or by another sponsor later.
For more details on this, officers would need to go through:
- Transition Instructions for Family Issues and Temporary Resident Permits under the Immigration and Refugee Protection Act (IRPA)
- Operations Memoranda OP 02-46 and,
- IP 02-09
In some cases, other exceptional circumstances might be applicable. Hence, there are specific and limited exceptions to the requirement that the officers need to examine all family members. For instance, in some cases, an applicant might have declared all family members to Citizenship and Immigration Canada (CIC). However, Citizenship and Immigration Canada (CIC) might have decided not to examine these family members. In such cases, the provisions specified in R125 (1) (d) and R117 (9) (d) do not apply.
For more details, officers would need to go through the section titled ‘The Guidelines for the Exclusion from Membership in the Family Class’ i.e. section 5.7 of IP 2. In addition, they would need to go through the section titled ‘The Consequences of Co-Signing’ i.e. section 5.26 of IP 2. Lastly, they would need to go through section 5.12 of OP 2 as well.
The Guidelines Pertaining to Sponsors
A sponsor will be a Canadian citizen, permanent resident or a Registered Indian, who:
- Is at least 18 years old
- Resides in Canada and,
- Has filed an application to sponsor a member of the family class, a member of the spouse or common-law partner in Canada class or an applicant seeking permanent resident status in Canada under Humanitarian and Compassionate (H&C) grounds
This is in accordance with the provisions specified in R130 (1).
The authorities require sponsors to meet these requirements on the day the sponsors file their sponsorship applications. In addition, the require sponsors to meet these requirements from that day until the day the authorities make a decision with respect to the application to sponsor. This is in accordance with the provisions specified in R133 (1).
The authorities also expect sponsors to meet the requirements tabulated below.
| The Requirements | The References Related to the Requirements |
| Meet the requirements specified above | |
| Submit a sponsorship application with the prescribed minimum requirements | Refer to the section titled ‘The Sponsorship Application and Minimum Requirements’ that appears subsequently in this document i.e. section 5.12 of IP 2 |
| Sign an undertaking with the Minister of Citizenship and Immigration Canada (CIC) | Refer to the section titled ‘The Undertaking Guidelines’ that appears subsequently in this document i.e. section 5.18 of IP 2 |
| Sign a Sponsorship Agreement with the sponsored person | Refer to the section titled ‘The Sponsorship Agreement Guidelines’ that appears subsequently in this document i.e. section 5.24 of IP 2 |
| Not be subject to the prescribed sponsorship bars | Refer to the section titled ‘The Bars to Sponsorship’ that appears subsequently in this document i.e. section 5.28 of IP 2 |
| Have the minimum necessary income i.e. Low Income Cut Off (LICO) required for supporting themselves and their family members, in addition to all sponsored persons and their family members, including any already sponsored individuals under undertakings still in effect | Refer to the section titled ‘The Guidelines for Financial Requirements’ that appears subsequently in this document i.e. section 5.30 of IP 2 Refer to the section titled ‘The Exceptions to the Canadian Income Rule’ that appears subsequently in this document i.e. section 5.31 of IP 2 |
The Guidelines for Sponsors Residing Abroad
The authorities require sponsors residing abroad to meet the requirements tabulated below:
| Canadian citizens residing outside Canada | Have the ability to:
|
| Permanent resident residing abroad | Does not have the ability to sponsor from outside Canada |
| Spouse or common-law partner in Canada class (see also IP 8) | Once the Case Processing Centre in Vegreville (CPC-V) receives an application from abroad, it would need to:
|
The Guidelines for Adopted Sponsors
Sponsors, who previously received adoption, do not have the ability to sponsor members of their biological family. Similarly, sponsors who have obtained a revocation of their adoptions subsequently, will not be able to sponsor members of their biological families. This will include sponsoring biological family members such as their biological parents or grandparents. This is especially so in case these individuals obtained the revocation for the purpose of immigration to Canada. This is in accordance with the provisions specified in R133 (5). For more details, officers would need to go through the provisions specified in OP 3.
The Sponsorship Application and Minimum Requirements
The provisions specified in R10 carry details on sponsorship applications. They pertain to the minimum requirements for information as well as the documents officers require for accepting an application. In particular, officers will need to go through the provisions specified in R10 (4), R10 (5) and R10 (6) for more details on this.
This paragraph highlights the minimum requirements for a sponsorship application. In particular, it specifies that a sponsorship application will need to include:
- IMM 1344AE completed with all the information requested and signed by the sponsor
- A signed undertaking (which is part of the IMM 1344AE)
- Information specified in R10 (1) and R10 (2)
- A completed ‘Use of a Representative’ form i.e. IMM 5476 (in case the applicant retains a representative and,
- Evidence of payment of the applicable fees
The Minimum Requirements for Family Class Applications
The provisions specified in R10 describe an application. They include details on minimum information and the documents that officers will require for accepting applications. The minimum requirements for an application for permanent residence include:
- An IMM 0008EGEN signed by the applicant
- A sponsorship application must precede or accompany the application – this is in accordance with the provisions specified in R10 (4)
- Information specified in R10 (1) and R10 (2) of the Regulations
- A completed ‘Use of a Representative’ form i.e. IMM 5476 (in case the applicant retains a representative and,
- Evidence of payment of the applicable fees
The Guidelines for Multiple Applications
The provisions specified in R10 (5) prevent a sponsor, who has filed a sponsorship application on behalf of a foreign national, from filing another sponsorship application on behalf of the same individual. This is especially so in case the authorities have not made a final decision on the first application. This applies in case the authorities have not made a final decision on an appeal to the Immigration Appeal Division (IAD) – in case the case has progressed so far.
The Guidelines Pertaining to When the Process Starts
For the family class and the spouse or common-law partner in Canada class, an application will not exist in case the requirements specified in the following sections are missing:
- The Sponsorship Application and Minimum Requirements i.e. section 5.12 of IP 2 and,
- The Minimum Requirements for Family Class Applications i.e. section 5.13 of IP 2
As such, the officers will typically return the application, the supporting documents and Handling Public Monies (HPM) receipts to the sponsor or the applicant as required.
Who May Be Sponsored, What is Required and Where to Submit
Please refer to the table given below for the requirements.
| Who May Be Sponsored | What is Required | Where to Submit |
| Spouses, common-law partners, conjugal partners and dependent children overseas | Joint sponsorship / permanent residence applications including:
| The Case Processing Centre in Mississauga (CPC-M) |
| Children to be adopted overseas or in Canada and orphaned family members | Sponsorship application including:
Application for permanent residence including:
| The Case Processing Centre in Mississauga (CPC-M) The visa office |
| Other prescribed family members | Sponsorship application including:
Application for permanent residence including:
| The Case Processing Centre in Mississauga (CPC-M) The visa office |
| Spouse or common-law partner in Canada | Joint sponsorship / permanent residence applications including:
Any supporting documents identified in the sponsorship and / or permanent residence application package | The Case Processing Centre in Vegreville (CPC-V) |
The Guidelines Pertaining to the Lock-in Age of Principal Applicants or Accompanying Family Members
For dependent children, officers typically lock-in only the age and not the dependency. For instance, consider a situation where the applicant is under the age of 22 years at the time of the age lock-in. It is quite likely that this applicant surpasses this age by the time the authorities make a decision on the application. However, this does not affect their eligibility.
When the Case Processing Centre in Vegreville (CPC-V) or the Case Processing Centre in Mississauga (CPC-M) receive a complete sponsorship application and minimum requirement, officers will lock-in the age of less than 22 years for dependent children.
For more details, officers will need to go through the section titled ‘The Sponsorship Application and Minimum Requirements i.e. section 5.12 in IP 2.
The Undertaking Guidelines
It is worth mentioning that the undertaking refers to a binding contract between sponsors and the Minister of Citizenship and Immigration. On occasions, it could be a binding contract between co-signers and the Minister of Citizenship and Immigration as well – refer to the section titled ‘The Guidelines for Co-Signers’ that appears subsequently in this document i.e. section 5.25 of IP 2.
Under the terms of this agreement, sponsors and co-signers promise to provide the sponsored person with various basic requirements. This applies from the day on which the sponsored person enters Canada until the end of the specified period of the undertaking R132. In addition, sponsors and co-signers also accept the obligation to repay the government concerned, any social assistance payments made to or on behalf of the sponsored person in this interim.
It is worth pointing out that a change in circumstances does not serve to nullify the undertaking. As such, sponsors and co-signers remain obligated to provide the basic requirements for the period of the undertaking. In the view of the authorities, a change in circumstances could include:
- Marital breakdown
- Separation
- Divorce
- Family rifts
- Unemployment
- Change in financial circumstances or,
- Death of the principal applicant in cases in which there are accompanying family members
For more details on this, officers would need to refer to the sections specified in the table below:
| The Subject Reference | The Section Reference |
| The effective date of the undertaking and permanent resident status | Section 5.19 of IP 2 |
| The effective date of the undertaking for permit holders | Section 5.20 of IP 2 |
| The duration of undertakings | Section 5.22 of IP 2 |
| The default of an undertaking | Section 5.23 of IP 2 |
| The bars to sponsorship | Section 5.28 of IP 2 |
| The factors specific to bar on sponsorship default | Section 5.29 of IP 2 |
The Effective Date of the Undertaking and Permanent Resident Status
The undertaking typically takes effect on the day on which the sponsored person becomes a permanent resident.
The Effective Date of the Undertaking for Permit Holders
In some cases, the authorities might issue a Temporary Resident Permit (TRP) to sponsored foreign nationals, following an application for a permanent resident visa. This is in accordance with the provisions specified in A24. In this scenario, the undertaking will come into effect on the day the foreign national enters Canada. Alternatively, in case the foreign national is already in Canada, the undertaking will come into effect on the day on which the foreign national obtains the Temporary Resident Permit (TRP) following the application to remain in Canada as a permanent resident. This is in accordance with the provisions specified in R132 (1) (a) (ii).
Therefore, sponsors and co-signers will need to remain responsible for the sponsored person throughout the period of temporary resident status. In addition, they would need to continue their sponsorship responsibility throughout the specified period of the undertaking.
The Guidelines for Cases Where There is No Undertaking in Effect
In some cases, the authorities might refuse a family class application. Instead, they might issue a Temporary Resident Permit (TRP) subsequently. In such cases, there is no obligation on the part of the sponsor to provide support. This is primarily because the authorities did not approve the application. As such, there is no undertaking in effect. Because of this, any social assistance that the sponsored person receives during the period when the individual is in Canada on a Temporary Resident Permit (TRP), is not subject to collection or default.
The Guidelines for Cases Where There is an Undertaking in Effect
In some overseas family class applications, the officers might apply various Humanitarian and Compassionate (H&C) considerations. In such cases, the authorities might approve the application. This would mean that the applicant is exempt from the excessive demand provisions. Similarly, it means that the undertaking will be in effect as well. In such cases, the officers will typically code the case FCH. In case the authorities reject the application, the sponsor can exercise appeal rights.
Similarly, in some cases, the officers might find that some sponsors or applicants do not meet the requirements to sponsor or to receive sponsorship in the spouse or common-law partner in Canada class. In this scenario, the foreign national has the ability to apply to remain in Canada based on Humanitarian and Compassionate (H&C) grounds with or without the support of a sponsorship application, depending on the circumstances of the case. In such cases, officers would need to use HC2 where an individual has submitted a sponsorship in support of the Humanitarian and Compassionate (H&C) application.
For additional details on this, officers would need to go through the provisions specified in IP 5.
The Duration of Undertakings
The table given below indicates the dictation for which sponsors are typically responsible for different members of the family class.
| The Person Sponsored | The Term of the Undertaking | Comments | |
| Spouse, common-law partner, conjugal partner (in accordance with the provisions specified in R132 (1) (b) (i)) | Three years from the date of becoming a permanent resident | ||
Dependent child of sponsor or of sponsor’s spouse, common-law partner or conjugal partner
| 10 years or 25 years of age – whichever comes first from the date of becoming a permanent resident
Three years – from the date of becoming a permanent resident | Years of Age: Infant to 15: 16 years: 17 years: 18 years: 19 years: 20 years: 21 years:
Years of Age: 22 years or over: | Max Duration: 10 years 9 years 8 years 7 years 6 years 5 years 4 years
Duration: Three years |
| Any other person (including parents, grandparents, dependent children of sponsor’s parents etc. (in accordance with the provisions specified in R132 (1) (b) (iv)) | 10 years from the date of becoming a permanent resident | ||
Note:
- It is worth mentioning that the duration of undertakings differs in Quebec
- For details on this, officers would need to go through the provisions specified in the section titled ‘The Guidelines for Sponsorships in Quebec’ that appears subsequently in this document i.e. section 5.41 of IP 2
The Default of an Undertaking
The authorities consider sponsors and co-signers to be in default of the undertaking in case the sponsored person receives social assistance during the validity period of the undertaking. In such cases, the sponsor and / or the co-signer (or the sponsored person) would need to repay the government concerned. Failure to do this would make the sponsors and co-signers ineligible for sponsoring any other member of the family class.
For more details on this, officers would need to go through the provisions specified in the section titled ‘The Factors Specific to the Bar on Sponsorship Default’ that appears subsequently in this document i.e. section 5.29 in IP 2.
The Sponsorship Agreement Guidelines
The authorities require sponsors and co-signers (refer to the section titled ‘The Guidelines for Co-Signers’ that appears subsequently in this document i.e. section 5.25 of IP 2) of all ages and sponsored persons of at least 22 years of age to sign an agreement. This agreement would serve to confirm their understanding of their mutual obligations and responsibilities. In addition, the authorities require spouses, common-law partners and conjugal partners of all ages to sign the agreement as well. The sponsor and the co-signer agree to support the sponsored people and their family members during the period of the undertaking. Similarly, the sponsored people agree to make reasonable efforts to provide for their basic requirements and those of their family members.
The Sponsorship Agreement enables the sponsors to focus on their obligations not only to the Minister of Citizenship and Immigration (courtesy the undertaking), but also to the sponsored members of the family class.
The Guidelines for Co-Signers
The spouse or the common-law partner of the sponsor might co-sign an undertaking to help meet the prescribed income requirements by pooling resources. However, the authorities require such common-law relationships to have met the prescribed common-law requirements prior to co-signing. In addition, other family members do not have the ability to co-sign. Moreover, co-signers should not co-sign when the financial requirements are not applicable or in case the sponsor meets the prescribed income test. For more details, officers would need to go through the details given in the section titled ‘The Consequences of Co-Signing’ that appears subsequently in this document i.e. section 5.26 of IP 2.
The authorities typically require co-signers to:
- Sign the undertaking and the Sponsorship Agreement for having their income considered
- Meet the same requirements, while remaining subject to the same bars as the sponsor
- Assume the same obligations as the sponsor and become jointly and severally or solitarily liable in case of a default
- Not co-sign in case the sponsorship involves a spouse, common-law partner or conjugal partner and,
- Not co-sign for a child
In addition, the authorities do not permit co-signers to sponsor in the spouse or common-law partner in Canada class.
The Consequences of Co-Signing
When a co-signer signs the undertaking and the Sponsorship Agreement, the co-signer will be:
- Required to support the sponsored members of the family class in case the sponsor defaults
- Repay any social assistance given to the sponsored person and / or family members and,
- Comply with the bar on future sponsorship or support for another undertaking unless the sponsor or the co-signer repays the social assistance paid to the sponsored persons and / or their family members
Co-Signers Are Not Sponsors
The authorities do not expect co-signers to continue with a sponsorship once the sponsor has withdrawn. In case the co-signers wish to continue the application in their own right, they will need to re-apply and face the prescribed assessments individually. It is worth mentioning that co-signers do not have a right of appeal against a refused permanent resident visa.
To cite an example, a spouse who co-signs her husband’s sponsorship of his parents cannot appeal a refusal of the permanent resident visa.
The Bars to Sponsorship
Sponsors are not eligible to sponsor in case they are subject to any of the bars given in the table below. Similarly, co-signers who are subject to any of these bars are not eligible to co-sign either. As such, the officers will not use their income to help a sponsor meet the minimum necessary income requirement. For more details on the regulatory references, officers would need to go through the provisions specified in R133. Similarly, for more information on the procedures that they would need to follow while assessing these bars, officers would need to go through the section titled ‘The Guidelines for Assessing Bars to Sponsorship’ that appears subsequently in this document i.e. section 14 of IP 2.
| Sponsors and Co-Signers Cannot Sponsor if… | These Conditions Occur |
| They are permanent residents subject to a removal order | This includes stayed orders, departure orders, exclusion orders and deportation orders. Exception: People who received permanent residence despite unexecuted removal orders |
| They are detained, in any penitentiary, jail, reformatory or prison | Sponsors whom the authorities are holding in correctional or pre-trial holding facilities are unlikely to be able to sponsor their relatives. Exception: People on parole, on probation or serving a suspended sentence. People held in immigration detention centres might be ineligible because of other bars – i.e. charged with an offence. |
| They are convicted of a sexual offence under the Criminal Code (against anyone) or an offence (against the person) under the Criminal Code against a family member | Sponsors or co-signers convicted of either of these offences where five years have not elapsed since the completion of the sentence imposed, will not be able to sponsor, unless:
For the purposes of calculating the five-year period above, a sentence includes probation, suspended sentences and intermittent sentences. However, the officers should not consider conditional discharges and absolute discharges for the purposes of these provisions of the Immigration and Refugee Protection Act (IRPA). For more information on the procedures that they would need to follow while assessing these bars, officers would need to go through the section titled ‘The Guidelines for Assessing Bars to Sponsorship’ that appears subsequently in this document i.e. section 14 of IP 2. |
| They are in default of spousal or child support payments ordered by a court. This typically includes payments ordered by a court outside Canada as well. | People in default of a court-ordered or court-registered support obligation to pay support are not eligible to sponsor. This includes people who are and who are not registered with the responsible federal, provincial or territorial authority as being in default of family support obligations are not eligible to sponsor. A person who is unable or unwilling to live up to current family-related legal financial obligations is quite likely to remain a poor risk for honouring a future family related financial commitment. The authorities require sponsors to demonstrate that they have resolved the matter to the satisfaction of the responsible provincial or territorial authorities before they can be eligible to sponsor. |
| They are in default of a debt owed under the Immigration and Refugee Protection Act (IRPA) | An immigration debt typically includes:
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| They are undischarged bankrupts under the Bankruptcy and Insolvency Act | The authorities typically place the property of the bankrupt individual in the hands of a trustee. Thereafter, the trustee bears the responsibility for working out an arrangement with the creditors.
It is worth mentioning that a discharge on conditions or a suspended or delayed discharge is not an absolute discharge. This is in accordance with the provisions specified in R133 (1) (i). The courts could apply a combination of delay and conditions as well. At present, a bankruptcy discharge will also discharge a previous sponsorship debt. |
| They have received social assistance other than for reasons of disability | The receipt of social assistance demonstrates an inability to provide for one’s own basic requirements. As such, the recipient would be unable to support other family members, including spouses, common-law or conjugal partners and dependent children. Once the authorities discontinue social assistance, the sponsor could be eligible. Upon request by the foreign national, the authorities could consider waiving this bar to sponsorship. However, for this to happen, the sponsor would need to request that the application continue despite the sponsor’s ineligibility. |
| They are in default of a previous sponsorship undertaking | The authorities consider sponsors and co-signers to be in default if:
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The Factors Specific to the Bar on Sponsorship Default
In the view of the authorities, the factors related to sponsorship default include:
- Social assistance payments made directly or indirectly to a sponsored member of the family class or their family members
- It is worth highlighting that the authorities permit the recovery of these payments from the sponsor and / or the co-signer
- This also applies to social assistance payments for reasons of disability
- The default will tend to continue even if the validity of the undertaking expires or if the sponsors resume their responsibilities without making the necessary arrangements for the repayment of the social assistance payments
- Sponsors will only be eligible to sponsor again if the social assistance authorities state that sponsors have resumed their obligations and have repaid the debt to the satisfaction of the government concerned
- Provincial social assistance authorities will usually provide the relevant information to Citizenship and Immigration Canada (CIC) on sponsored members of the family class who are receiving social assistance
- These reports will enable the authorities to identify the sponsors who have defaulted on their undertakings
- The authorities plan to designate social assistance programs as described in R2 in the Memoranda of Understanding with the provinces and territories (PTs)
The Guidelines for Financial Requirements
The authorities require sponsors to undergo the financial test. This test enables the authorities to assess whether the sponsors can support the sponsored people for the period of the undertaking. For more details, officers will need to go through the following sections that appear subsequently in this document:
- The Minimum Necessary Income Requirement – The Low Income Cut Off (LICO) Levels i.e. section 5.32 of IP 2
- The Exception to the Minimum Necessary Income Requirement i.e. section 5.33 of IP 2 and,
- The Low Income Cut Off (LICO) and the Quebec Income Scale i.e. Appendix E
In the view of the authorities, financial resources:
- Could include the resources of the sponsor’s spouse or common-law partner in case the sponsor’s financial resources are inadequate and the sponsor’s spouse or common-law partner declares their resources as income on their Canadian tax return and they co-sign the undertaking and,
- Cannot include pooled resources from other relatives for the purpose of meeting the income test
It is worth highlighting that the authorities require financial resources to originate from Canadian sources because:
- Employment income earned abroad is not a reliable indicator of future or stable employment in Canada
- The Case Processing Centre (CPC) staff cannot verify if the individual can transfer foreign income to Canada easily
- Converting foreign income into Canadian dollars is a resource intensive activity and,
- It is easier to recover income from Canadian sources in cases of default, collection and litigation
For more details, officers would need to go through the section titled ‘The Exceptions to the Canadian Income Rule’ that appears subsequently in this document i.e. section 5.31 in IP 2.
The Exceptions to the Canadian Income Rule
The authorities have formulated exceptions to the Canadian income rule that apply in cases where:
- The sponsors who commute from Canada to work in the USA can use their US employment income as long as they declare this income as income on their Canadian income tax return and,
- Sponsors living in Canada who declare income from foreign sources on their Canadian tax returns could use this foreign income for meeting the financial requirements for sponsorship
It is worth mentioning that discretionary approval of financial requirements is not possible at present.
The Minimum Necessary Income Requirement – The Low Income Cut Off (LICO) Levels
The authorities require the sponsor’s income to meet the minimum necessary income requirement prescribed. Statistics Canada is responsible for identifying these income levels annually in the Low Income Cut Off (LICO) levels. This requirement is necessary as the sponsor’s income will need to support all members of a sponsor’s own family as well as all sponsored people and their family members. In addition, the sponsor will need to support all the family members listed as non-accompanying as well. The authorities have based the applicable Low Income Cut Off (LICO) level on urban areas having 500,000 inhabitants or more. This is regardless of where the sponsor lives. Officers would be able to find the current Low Income Cut Off (LICO) figures in Appendix E.
Sponsors would need to provide their latest Notice of Assessment from their Income Tax Return, which the Canada Revenue Agency (CRA) typically provides. Alternatively, sponsors could provide the relevant details from other equivalent documents i.e. the ‘Option C printout’ along with the DD.3 Printout, which will provide copies of the T4s, T5s etc.
It is worth pointing out that the term ‘Total Income’ as the authorities have referred to in R133 (1) (j) (i) denotes the total income shown on line 150 of the Notice of Assessment. For obtaining the ‘Option C printout’, the sponsors would need to call 1-800-959-8281. They would be able to obtain this document free of cost.
In some cases, it is possible that the sponsors might not be able to provide a Notice of Assessment. Alternatively, it is possible that the sponsors might have an insufficient income specified on their Notice of Assessment. In this scenario, these individuals would need to provide the appropriate evidence that they meet the applicable minimum necessary income for the 12-month span that immediately precedes the sponsorship application. This is in accordance with the provisions specified in R134. For more details on situations where a change of circumstance takes place prior to the initial calculation, officers would need to refer to the section titled ‘The Procedures for Dealing with Changes in Circumstances’ that appears subsequently in this document i.e. section 22 of IP 2.
The Exception to the Minimum Necessary Income Requirement
The ability to meet the minimum income requirement is mandatory. The only exception to this is in a situation where the sponsor is sponsoring a spouse, common-law partner, conjugal partner or a dependent child where the child has no dependent children of their own. This exception applies to people below 18 years of age whom the sponsor intends to adopt in Canada as well.
The Guidelines for Changes in Circumstances
The provisions specified in R134 (2) permit a calculation or a recalculation of the sponsor’s income in case it no longer appears to meet the requirement prescribed in R133 (1) (j) for the minimum necessary income. The authorities have based this calculation on the 12-month period that precedes the day the officer receives the information indicating that the sponsor might no longer be meeting the minimum necessary income requirement.
Officers will only be able to reassess income levels downwards. It is worth mentioning that the provisions specified in R134 (2) remain linked to those specified in R133 (1) in that the officers will only approve a sponsorship if, on the day on which the sponsor files the application and from that date until the day the authorities make a decision with respect to the application, evidence abounds that the sponsor has total income equal to the minimum necessary income.
It is worth mentioning that a calculation or a recalculation might take place before the officers render the initial recommendation. This could typically include cases where there are indicators that the Notice of Assessment provided initially might not be reflecting the current situation because the income reported appears not to be sustainable.
For more details on situations where a change of circumstance takes place prior to the initial calculation, officers would need to refer to the section titled ‘The Procedures for Dealing with Changes in Circumstances’ that appears subsequently in this document i.e. section 22 of IP 2.
The Guidelines Concerning Misrepresentation
For Permanent Resident Sponsors: Situations could arise where officers find that a permanent resident sponsor has misrepresented a material fact in their application to sponsor. In such cases, the officers could find such sponsors guilty of misrepresentation in accordance with the provisions specified in A40 (a). This could lead to the authorities finding the sponsored relative inadmissible based on the provisions specified in A40 (b). In addition, it could lead to the authorities removing the permanent resident sponsor from Canada as well. This could make the permanent resident sponsor inadmissible for a span of two years from the date of removal.
For Canadian Citizen Sponsors: Situations could arise where officers find that a Canadian citizen sponsor has misrepresented a material fact in the application to sponsor. In such cases, the officers could find such sponsors guilty of misrepresentation in accordance with the provisions specified in A127 (a). This could lead to the authorities imposing penalties on the sponsor, as specified in the provisions specified in A128.
For more details on this, officers would need to go through the section on misrepresentation given in section 9 of ENF 2.
The Guidelines for the Suspension of Processing
Officers could consider suspending the processing of a sponsorship application in case a sponsor or a co-signer becomes subject to:
- Citizenship revocation proceedings
- Any inadmissibility report under the provisions specified in A44 (1)
- Serious criminal charges that involve an offence punishable by a maximum term of imprisonment of at least 10 years or,
- Suspension under the provisions specified in A63 (4), where the appeal to the Immigration Appeal Division (IAD) on permanent residency obligations is outstanding
Immigration officers will typically assess sponsorship requirements only when the authorities have dealt with the matter conclusively. Thereafter, they will need to use the Low Income Cut Off (LICO) in effect on that date. However, it is likely that the sponsor might no longer be able to meet the prescribed income requirements because of the amount of time that has elapsed since the submission of the undertaking.
The Guidelines Concerning Appeal Rights
In case the authorities refuse to give a permanent resident visa to a foreign national, the sponsors can use their appeal rights. This is in accordance with the provisions specified in A63. However, a sponsor will not have a right of appeal in case:
- An applicant is inadmissible on grounds of security, violating human or international rights, serious criminality or organised criminality – in accordance with the provisions specified in A64 (1)
- The authorities refuse the applicant on the ground of misrepresentation unless the applicant is the spouse, common-law partner or child of the sponsor – in accordance with the provisions specified in A64 (3) or,
- The sponsor discontinues or withdraws the application
The Guidelines Concerning No Appeal Rights
Sponsors of applicants seeking to remain in Canada do not have a right of appeal to the Immigration Appeal Division (IAD). This also applies to:
- Members of the Spouse or Common-Law Partner in Canada class and,
- Applicants seeking permanent resident status on Humanitarian and Compassionate (H&C) grounds
The Guidelines Concerning Discontinued Undertakings and the Refund of the Permanent Residence Application Fees
The sponsor has the option of discontinuing the sponsorship undertaking and receiving a repayment of the fees for the application for permanent residence in case officers have not begun processing the sponsored person’s application. Processing such applications typically commences when the officers make an initial evaluation on the application – refer to Note. As such, the sponsor will save the cost of processing an application for permanent residence that the authorities might eventually refuse. But, the sponsor will also have no right of appeal. This is especially so because the authorities have taken no decision on the permanent residence application.
Officers would need to refer to the following scenarios for clarification.
- The authorities find the sponsor ineligible and on the sponsorship application, the sponsor chose not to proceed with (or to discontinue) the sponsored relative’s or family member’s application for permanent residence. In such cases, the officers would need to return the application for permanent residence to the sponsor. In addition, the sponsor will receive the repayment of processing fees, after the officers have deducted the sponsorship cost recovery fee.
- The authorities find the sponsor eligible. But, the sponsor chooses to contact Citizenship and Immigration Canada (CIC) in writing, seeking to withdraw the undertaking before the officers commence processing the application for permanent residence. In case the officers have not commenced processing the application, the officers will need to return the application for permanent residence (if applicable). In addition, the sponsor will receive a refund of the processing fees, after the officers have deducted the sponsorship cost recovery fee.
For more details, officers would need to go through the section titled ‘The Procedures for Handling a Discontinued or Withdrawn Undertaking’ that appears subsequently in this document i.e. section 12 of IP 2.
Note:
- An initial evaluation will typically indicate a review by an officer or a person with decision-making authority
- It might include, among other decisions:
- A review of the documentation
- The decision to issue medical instructions and,
- The determination with respect to the need for an interview
The Guidelines for the Withdrawal of the Undertaking and Cases Where No Refund of the Permanent Residence Application Fee Takes Place
The sponsor has the ability to request the withdrawal of the sponsorship undertaking after the officers commence processing the sponsored relative’s or family member’s application for permanent residence. It is worth highlighting that there is no repayment of the processing fees for the application for permanent residence. Similarly, there is no right to an appeal either. The authorities do not consider an undertaking to be automatically withdrawn once the sponsor submits such a request. The Case Processing Centre (CPC) would need to agree to the withdrawal first. Only then will the authorities consider the withdrawal of the undertaking.
Situations could arise where a sponsor requests to withdraw their undertaking, where the Case Processing Centre (CPC) approves the withdrawal. Such a situation would ultimately have the effect of a refused application for permanent residence. This is in accordance with the provisions specified in R120. The provisions specified in this section prohibit the granting of permanent residence to foreign nationals applying as members of the family class and their dependents. This is especially so in case a valid sponsorship undertaking is not in effect.
The provisions specified in R120 state:
- 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,
- 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.
As such, a withdrawal will only be able to take place before the authorities take a final decision, which would typically be:
- When the authorities have not issued a permanent resident visa (in case of sponsorships of overseas cases) and,
- Up to and prior to the moment the officers enter the Confirmation of Permanent Residence (COPR) document into the Field Operations Support System (FOSS) (in the spouse or common-law partner in Canada class)
Inland officers have the same discretionary powers as port of entry (POE) officers. This is especially so when it comes to considering the fact that a sponsor has requested to withdraw a sponsorship undertaking, wherein such a request might indicate that the sponsor does not intend to fulfil the terms of their undertaking on behalf of the sponsored applicant.
For inland cases, it is worth mentioning that an approval in principle of the sponsorship undertaking is not a final decision. As such, it does not preclude the successful request to withdraw an undertaking. The scenarios given below provide additional clarification.
- The sponsor might request withdrawal of the undertaking once the officers have begun processing the application, but where the authorities have not made a final decision
- In this scenario, the Case Processing Centre in Mississauga (CPC-M) or the Case Processing Centre in Vegreville (CPC-V) will need to feel satisfied that the authorities have not taken any decision or that the authorities have not issued a visa
- Thereafter, they could agree to the sponsor’s withdrawal of the undertaking
- In such cases, there will be no repayment of any cost recovery fees
- In addition, the authorities will make no decision on the application for permanent residence
- The sponsor might request to withdraw the undertaking after the authorities have made the final decision
- This situation would usually occur once the authorities have issued a visa or entered the Confirmation of Permanent Residence issuance into the Field Operations Support System (FOSS)
- In this scenario, the Case Processing Centre in Mississauga (CPC-M) or the Case Processing Centre in Vegreville (CPC-V) will not be able to agree to the withdrawal
- As such, the sponsor will need to honour the undertaking given to the authorities
- The Case Processing Centre in Mississauga (CPC-M) or the Case Processing Centre in Vegreville (CPC-V) will usually respond to the sponsor indicating that the sponsor cannot withdraw their undertaking and as such, will need to uphold the prescribed obligations for the validity period of the undertaking
However, the authorities might well consider a sponsor’s request to withdrawn an undertaking as evidence that the sponsor will not honour it. Officers at the Port of Entry (POE) will consider this information. As such, they might not grant the applicant permanent residence on the basis that the applicant’s circumstances have changed with respect to their application. In case such an event should take place, it is worth pointing out that this does not mean that the sponsor might withdraw the application nor that the authorities have made a decision with respect to the sponsor’s request to withdraw.
The Guidelines for Sponsorships in Quebec
The terms of the Canada – Quebec Accord give Quebec the responsibility for setting its own criteria for family class sponsorship and administering undertakings. However, the federal government maintains responsibility for most eligibility requirements pertaining to admissibility and enforcement. For more details, refer to the section titled ‘The Guidelines for Quebec Sponsors’ that appears subsequently in this document i.e. section 24 of IP 2.
Quebec remains responsible for determining the financial criteria for the sponsorship of foreign nationals intending to live in Quebec. It also remains responsible for administering sponsorship undertakings and determining their duration.
It is worth mentioning that the duration of undertakings in the province of Quebec is:
- Three years for spouses and common-law or conjugal partners
- Ten years or until the age of 18 years – whichever is longer for dependent children and,
- Ten years in all other cases
The Guidelines for Sponsors Who Move from Quebec
Situations could arise where a sponsor signed an engagement with the province of Quebec and subsequently, moved from Quebec to another province even while the sponsorship application was in process. Such individuals would need to sign a new undertaking and agreement.
Chapters
- What This Chapter is About
- The Program Objectives
- The Instruments and Delegations
- The Departmental Policy
- The Definitions
- The Roles and Responsibilities
- The Overview of the Case Processing Centre (CPC) Activities Pertaining to Sponsorship Applications
- The Procedures for Reviewing Sponsorship and Permanent Residence Applications for Spouses, Common-Law Partners, Conjugal Partners and Dependent Children
- The Guidelines for Reviewing Sponsorship Applications for Other Members of the Family Class
- The Procedures for Processing Sponsorship Applications by the Case Processing Centre in Vegreville (CPC-V) for Spouses or Common-Law Partners in Canada
- The Procedures for Handling a Discontinued or Withdrawn Undertaking
- The Guidelines for Assessing a Sponsor’s Eligibility
- The Guidelines for Assessing Bars to Sponsorship
- The Guidelines Pertaining to Undertakings
- The Guidelines Concerning the Sponsorship Agreement
- The Guidelines for Applying the Financial Test
- The Procedures for Processing Sponsorships Involving Adoptions
- The Guidelines for Referring Sponsorship Applications for Investigation to Citizenship and Immigration Canada (CIC)
- The Procedures in Case the Applicant is Not a Member of the Family Class
- The Guidelines for Assessing Additional Family Members
- The Procedures for Dealing with Changes in Circumstances
- The Guidelines for the Suspension of Processing
- The Guidelines for Applications from Sponsors in Quebec
- Appendix A – The Eligibility Check for the Sponsor and the Co-Signer
- Appendix B – The Sample Letter to the Provincial / Territorial Adoption Authority to Request for the Issuance of the No Objection / No Involvement Letter or Notification of Agreement
- Appendix C – The Sample of Sponsorship Approval Letter for Adoption Cases from the Case Processing Centre in Mississauga (CPC-M) to the Sponsor
- Appendix D – The List of Offences Under the Criminal Code that Could Equate to Offences of a Sexual Nature and Offences Concerning Violence Against a Family Member
- Appendix E – The Low Income Cut Offs (LICO) and the Quebec Income Scale – 2011
