Canadian permanent residents and citizens can sponsor close relatives or family members from abroad1 who want to become Canadian permanent residents.

4:1 WHO CAN BE SPONSORED

The following categories of people can be sponsored:

• spouses, common-law or conjugal partners 16 years of age or older;
• parents and grandparents;
• dependent children, including adopted children;
• children under 18 years of age whom you intend to adopt;
• children under guardianship;

• brothers, sisters, nephews, nieces or grandchildren who are orphans, under the age of 18 and not married or in a common-law relationship; or
• you may also sponsor one relative of any age if you do not have an aunt, uncle or a family member from the list above who you could sponsor or who is already a Canadian citizen or permanent resident.

4:2 WHAT DOES IT MEAN TO SPONSOR?

When someone in Canada sponsors one or more of the above persons they take it upon themselves (by signing an undertaking with the Minister of Citizenship and Immigration) to be financially responsible for the person(s) sponsored (the sponsoree(s)).

The undertaking to sponsor is an unconditional promise of support. Changes in the life of the sponsoree, such as the granting of Canadian citizenship, divorce, separation, relationship breakdown or moving to another province do not cancel the undertaking, which will remain in force even if the sponsor’s financial situation deteriorates.

The sponsorship period varies in duration from three to ten years, depending on the age and/or the relationship between the sponsor and the sponsored person(s). During the sponsorship period, it is expected that the persons sponsored will not seek social assistance, in view of the responsibility the sponsor has taken.

If a sponsored person does apply for federal, provincial or municipal assistance during the sponsorship period, the sponsor:

• will be considered to be in default of their obligations;
• may have to repay the financial aid received by the sponsored person(s);
• will not be allowed to sponsor other members of the family class until the amounts outstanding are paid back to the authorities who provided the sponsored persons with assistance.

4:3 REQUIREMENTS THAT THE SPONSOR MUST MEET

If a Canadian citizen/resident wishes to sponsor any of the above-listed relatives or family members, they may be eligible to do so if they meet the following requirements:

• they are 18 years of age or older;
• they are a Canadian citizen or permanent resident;
• they reside in Canada (except in the case of Canadian citizens sponsoring spouses and common law spouses);
• they sign an undertaking, promising to provide for the basic requirements of the person(s) being sponsored;
• they and the sponsored person(s) sign an agreement that confirms that each party understands his or her mutual obligations and responsibilities;
• they, the sponsor, have an income that is at least equal to the minimum necessary income (they must, in this regard, provide proof of their financial situation for the past 12 months).

The minimum necessary income(see below for the amounts at the time of the preparation of these materials) is the income necessary to support the group of persons consisting of:

• the sponsor and their family members, whether living with you or not;
• the person(s) to be sponsored;
• every other person that the sponsor may have sponsored in the past where an undertaking is still in effect or not yet in effect;
• every other person for whom the sponsor, has co-signed an undertaking that is still in effect (see below for more information on co-signers);
• every person not mentioned above for whom the sponsor’s spouse or common-law partner has given or co-signed an undertaking that is still in effect or not yet in effect, if their spouse or common-law partner is co-signing the current sponsorship undertaking.

Please note that if the sponsor’s income is too low, it is possible to have a spouse or common-law partner as cosigner in the sponsorship. The co-signer must:

• meet the same eligibility requirements as the sponsor;
• agree to co-sign your undertaking; and
• agree to be responsible for the basic requirements of the person(s) to be sponsored for the validity period of the undertaking. The co-signer will be equally liable if the obligations undertaken by the sponsor are not performed.

Minimum income requirements

4:3.1 Who cannot sponsor

A person will not be eligible to sponsor in a number of circumstances, including the following:

• if they are in default of a previous sponsorship undertaking (i.e. person(s) who have been sponsored in the past have received social assistance during the validity period of the undertaking and the sponsor, not repaid the full amount of the social assistance received by the sponsor(s));
• if they are in default of an immigration loan (they have received an immigration loan and have unpaid arrears on it);
• if they are in default of court ordered support payment obligations;
• if they are in prison;
• if they are in receipt of social assistance for a reason other than disability.

In the first three situations mentioned above, to regain the right to sponsor, the sponsor will have to make the payments they are under an obligation to make.

4:4 THE STAGES OF THE PROCESS

The application process varies depending on who is being sponsored.

4:4.1 Sponsoring a spouse, common-law or conjugal partner, or a dependent child

If the Canadian citizen/resident is applying to sponsor a spouse, common-law or conjugal partner, or a dependent child, the process will be faster than in the case of other family members or close relatives. The sponsor will send2 the sponsorship application, together with the application for immigration of the person(s) they wish to sponsor. Please note that the sponsor will pay all the fees.3 Portions of the fees are refundable in certain circumstances.4

If all the sponsorship requirements are met, the application for immigration to Canada of the person(s) being sponsored will be sent to the appropriate visa office abroad for processing. That office may accept or refuse the application.

4:4.2 Sponsoring other family members or close relatives

In the first stage, the Canadian citizen or permanent resident will submit a sponsorship application.5 The sponsor will have to pay the fees associated with this part of the process.6 If the application to sponsor is approved, the CPC will inform the sponsor of that, and provide them with an application package for the use of the person(s) to be sponsored, who will apply for permanent residence at the relevant visa office.

4:5 WHAT HAPPENS IF THE SPONSORSHIP APPLICATION IS REFUSED

It is important to notify the CPC (by ticking a box on the Application to Sponsor and Undertaking form) of the sponsor’s intent to withdraw the sponsorship application in the event that they are found ineligible to sponsor.

They must do so before the immigration authorities begin processing the application for permanent residence of the sponsoree(s). There are two main reasons for that. First, if you do not do so, you will lose the right to be refunded some of the fees. Secondly, if you do not qualify as a sponsor and you have not notified the CPC of your intent to withdraw, the application of the person you are sponsoring will be processed. The likely outcome is that the application for permanent residence will be rejected.

If the sponsor does not qualify and has chosen to withdraw their sponsorship application in such circumstances, the fees will be refunded. There will be no decision on the application for permanent residence of the person(s) to be sponsored. If the sponsor resolves the situation leading to their ineligibility, they can reapply as a sponsor at a later date.

4:6 WHAT HAPPENS IF THE APPLICATION OF THE PERSON TO BE SPONSORED IS REFUSED

There are a number of reasons why the application for permanent residence of the person(s) to be sponsored might be refused. They include cases where the immigration authorities conclude that the relationship between the sponsor and the sponsoree is for immigration purposes only, or where the sponsoree(s) is inadmissible due to a criminal record or a serious illness.

Both the sponsor and the sponsoree(s) will be informed in writing of the reasons for refusal. The sponsoree(s) will be notified of the rights to appeal and be provided with the instructions of how to commence an appeal.

CANCELLING THE UNDERTAKING

If the sponsor decides that they no longer wish to be a sponsor, they must write to CPC before the sponsoree(s) are issued permanent resident visas. If the visas have already been issued, the promise undertaken by the sponsor and the co-signer, if applicable, will be valid for the term of the undertaking.

4:8 OTHER RELEVANT CHANGES

If a co-signer withdraws their support for the sponsorship application, either or both the sponsor and co-signer must write a letter to the CPC and the relevant visa office before the permanent residence visas are issued to the sponsoree(s). As well, they will have to send amended copies of the sponsorship application and agreement, initialled by both signer and co-signer, removing the co-signer’s support.

The sponsor’s financial situation will be reassessed, and if they do not meet the financial requirements on their own, the application for permanent residence will be refused.

Please also note that the sponsor, must inform CPC without delay if, following the making of an application, their family status changes (i.e. if there is a marriage, a divorce, a birth or death) or if their contact information changes. In their correspondence with CPC, the file number should be included; it can be found at the top of the correspondence CPC will send to acknowledge the receipt of the application.

4:9 A COMMENT ON THE SPONSOREE’S DEPENDANTS

Please note that if you have a child, even if the child is in the sole custody of your former spouse, you will have to include the child on your application for permanent residence. However, the child does not need to be examined if you do not have custody or responsibility for the child because of a written agreement or a court order.

It is important to note that if a child is not examined, regardless of the changes to custody or living circumstances, you will not be able to sponsor him or her as a family member in the future.