Sponsoring a spouse, partner, child or relative

A dependent child is the biological child (not adopted by someone other than the parent's spouse/partner) or adopted child of the parent who is either (i) less than 22 years of age and not a spouse or common-law partner, or (ii) 22 years of age or older, has depended substantially on the parent's financial support since before age 22, and is unable to be financially self-supporting due to a physical or mental condition (IRPR 2). The age is locked in on the date the application is made (IRPR 25.1(1), with program-specific exceptions). IRCC states the child must continue to meet the requirements until processing is finished; a child who is already a citizen cannot be sponsored.

A child adopted under 18 is a member of the family class only if the adoption was in the best interests of the child within the meaning of the Hague Convention on Adoption and not entered into primarily to acquire status; IRPR 117(3) deems best interests met where, among other things, a competent authority conducted or approved a home study, the parents gave free and informed consent, a genuine parent-child relationship was created, the adoption complied with the laws of the place of adoption and of the sponsor's residence, and Hague/provincial approvals were obtained. A child adopted at 18 or older qualifies only if the adoption was legal, a genuine parent-child relationship existed before age 18, and the adoption was not primarily for status (117(4)). A child under 18 whom the sponsor intends to adopt in Canada may be sponsored under 117(1)(g) with provincial non-objection/Hague approval.

Two narrow categories: (f) a person whose parents are both deceased, who is under 18, not a spouse or common-law partner, and who is the sponsor's brother/sister, nephew/niece (child of a sibling) or grandchild; or (h) one relative of the sponsor of any age, related by blood or adoption, if the sponsor does not have a spouse, common-law partner, conjugal partner, child, parent, sibling, niece/nephew, grandparent, or aunt/uncle who is a Canadian citizen, Indian or permanent resident, or whom the sponsor could otherwise sponsor (IRPR 117(1)(f), (h)). The minimum necessary income requirement applies and the undertaking is 10 years (IRPR 132(1)(b)(v)).

A foreign national is not considered a spouse, common-law partner or conjugal partner if the marriage or partnership (a) was entered into primarily for the purpose of acquiring any status or privilege under IRPA, or (b) is not genuine (IRPR 4(1)). Also excluded: a new conjugal relationship begun with the same person after a previous relationship with that person was dissolved primarily so that someone could acquire status (IRPR 4.1).

Spouse: legally married; a marriage outside Canada must be valid both where it took place and under Canadian law (IRPR 2). Common-law partner: cohabiting in a conjugal relationship for a period of at least one year (IRPR 1(1)). Conjugal partner: a foreign national residing outside Canada who has been in a conjugal relationship with the sponsor for at least one year (IRPR 2). A spouse or common-law partner under 18 is not recognized (IRPR 5(a)) and a conjugal partner under 18 is excluded (IRPR 117(9)(a)). IRCC: common-law partners must have lived together for at least 12 consecutive months, with only short and temporary absences; conjugal partners are those who could not live together or marry because of legal, immigration, social, cultural, religious or other reasons. A person who has been in a conjugal relationship for at least one year but cannot cohabit because of persecution or any form of penal control is considered a common-law partner (IRPR 1(2)); unlike a conjugal partner, this can apply when the partner is in Canada.

(1) A sponsor who became a permanent resident or citizen after being sponsored as a spouse, common-law partner or conjugal partner may not sponsor a spouse, common-law partner or conjugal partner unless they have been a permanent resident and/or citizen for at least five years immediately preceding the day the new sponsorship application is filed (IRPR 130(3)). (2) A spouse/partner is not a member of the family class (or of the spouse or common-law partner in Canada class) if the sponsor has an existing undertaking for a previous spouse/partner whose undertaking period has not ended; that period ends three years after the previous spouse/partner became a permanent resident (IRPR 117(9)(b), 125(1)(b), 132(1)(b)(i)).

A foreign national is not a member of the family class by virtue of the relationship if: (c) they are the sponsor's spouse and either was, at the time of the marriage, the spouse of another person, or the sponsor has lived separate and apart from them for at least one year and either has a common-law/conjugal partner; (c.1) they are the sponsor's spouse and one or both spouses were not physically present at the marriage ceremony (Canadian Forces service exception); or (d) the sponsor previously applied for and became a permanent resident and, at the time of that application, the foreign national was a non-accompanying family member who was not examined (subject to the 117(10)-(11) exception where an officer determined examination was not required); IRPR 117(9). Parallel exclusions apply to the spouse or common-law partner in Canada class (IRPR 125).

A foreign national is a member of the spouse or common-law partner in Canada class if they (a) are the spouse or common-law partner of a sponsor and cohabit with that sponsor in Canada; (b) have temporary resident status in Canada; and (c) are the subject of a sponsorship application (IRPR 124). Conjugal partners are not included in this class.

The sponsor must be a Canadian citizen or permanent resident (IRCC also accepts a person registered under the Indian Act) who is at least 18 years of age, resides in Canada, and has filed a sponsorship application. Exception: a Canadian citizen who does not reside in Canada may sponsor only a spouse, common-law partner, conjugal partner or dependent child who has no dependent children, and only if the sponsor will reside in Canada when the sponsored person becomes a permanent resident. A permanent resident living outside Canada cannot sponsor. Under IRPR 133(1) the sponsor must meet the requirements from the day the application is filed until the day a decision is made.

The sponsor must not be subject to a removal order, must not be detained in any penitentiary, jail, reformatory or prison, and must not have been convicted under the Criminal Code (or outside Canada of an equivalent offence) of: an offence of a sexual nature (or attempt/threat) against any person; an indictable offence involving violence punishable by a maximum of at least 10 years (or attempt) against any person; or an offence resulting in bodily harm (or attempt/threat) to a current or former family member, relative, conjugal partner, child under their care, or someone they are dating or have dated (and related persons listed in 133(1)(e)(ii)). Exceptions: a Canadian conviction does not bar sponsorship if a pardon/record suspension is in effect, there was a final acquittal, or five years or more have elapsed since the sentence was completed; a foreign conviction does not bar if there was a final acquittal, or five years or more have elapsed since completion of the sentence and the sponsor has demonstrated rehabilitation.

The sponsor must not be in default of any sponsorship undertaking or any court-ordered support payment obligation; must not be in default of repaying any debt under IRPA 145(1) payable to the Crown (IRCC describes this as an immigration loan or performance bond); must not be an undischarged bankrupt under the Bankruptcy and Insolvency Act; and must not be in receipt of social assistance for a reason other than disability (IRPR 133(1)(g), (h), (i), (k)). The undertaking-default, support-payment and bankruptcy conditions are subject to IRPR 137(c) for sponsors residing in Quebec. A default of an undertaking begins when a government pays a benefit the sponsor promised to repay (or an obligation is breached) and ends when the sponsor reimburses in full or under an agreement (IRPR 135).

A sponsor residing outside Quebec must have total income at least equal to the minimum necessary income (Statistics Canada low income cut-off for urban areas of 500,000+ for the total family size, including the sponsor's family, the sponsored persons and their family members, and persons under undertakings still in effect): IRPR 133(1)(j)(i)(A). This does not apply if the sponsored person is (a) the sponsor's spouse/partner with no dependent children, (b) the sponsor's spouse/partner whose dependent child has no dependent children, or (c) a dependent child of the sponsor who has no dependent children, or a child to be adopted under 117(1)(g) (IRPR 133(4)). Income is generally calculated from the last CRA notice of assessment for the most recent tax year, excluding listed benefits; a co-signing spouse/partner's income may be included (IRPR 134(1)). Quebec residents must meet Quebec's financial criteria.

The sponsor's undertaking to repay social assistance runs from the day the sponsored person becomes a permanent resident (or earlier TRP dates) and ends: spouse, common-law or conjugal partner: 3 years after becoming PR; dependent child (of sponsor or partner) or child to be adopted who is under 22 at PR: the earlier of 10 years after PR or age 25; dependent child 22 or older at PR: 3 years after PR; parent or grandparent (and their accompanying family members): 20 years after PR; any other person: 10 years after PR (IRPR 132(1)). For undertakings given to Quebec, IRPR 132(2)-(3) set different maximums (e.g., dependent child under 22: later of age 22 or 10 years; dependent child 22+: 10 years) or shorter periods provided by Quebec law. Where the sponsored person is 22+ or is a spouse/partner, the sponsor, any co-signer and the sponsored person must also sign a sponsorship agreement (IRPR 132(4)).