Family Sponsorship Immigration

A signed undertaking is required from all sponsors to provide the sponsored person with the basic requirements that sponsored people may need starting from the day they enter Canada until the end of the commitment period. An undertaking is a contract between the sponsor and CIC that the sponsor will compensate the government for any social assistance payments made to the sponsored person. Guarantors or sponsors remain bound by the agreement throughout the entire term of the contract, even in the event of a change of circumstances such as a breakdown of marriage, separation, divorce, or financial change in circumstances.

In the case of a spouse, common-law partner, or marital partner, the sponsor is required to sign an undertaking to compensate the federal or provincial governments from the date they became permanent residents for a period of 3 years.

In the case of a child under the age of 19, a sponsor or spouse, a common-law partner, or a marital partner, the obligation begins on the day the child becomes a permanent resident of Canada for 10 years or until the child reaches the age of 25, whichever is earlier.

In the case of a dependent child over the age of 19, the sponsor or the spouse, the common-law partner, or the marital partner, the obligation starts on the day the dependent child becomes a permanent resident, for a period of 3 years.

In the case of parents and grandparents, the sponsorship obligation extends for 20 years from the date the family member becomes a permanent resident. For all other family members, the commitment lasts for 10 years.

In 2011, the Supreme Court of Canada decided that while a sponsor’s obligation to compensate the state for benefits from which his relatives benefit may be delayed in some circumstances, they cannot be fully pardoned.

Canadian citizens who live outside Canada may sponsor their spouses, common-law partner, marital partner, or dependent children who have no dependent children, and who have not been convicted of committing an offense causing physical harm, provided they are able to prove that they will reside in Canada after their guaranteed landing.

Permanent residents residing abroad may not sponsor their families from outside of Canada. Moreover, it is not permissible for a spouse or partner in Canada to apply within Canada except to sponsor a spouse or common-law partner if they live in Canada. Otherwise, the application must be submitted through the Visa Office. These are the areas that lead to various complications and challenges for sponsors.

Some individuals who are sponsored by their spouses, common-law partners, or marital partners to come to Canada are granted conditional permanent residency status with the aim of ensuring that the relationships are genuine.

There were two previous conditions, a 5-year ban on sponsoring a new husband or partner, and a two-year requirement for some couples to stay together.

As of April 28, 2017, the two-year stay together requirement has been removed.

A 5-year ban on sponsoring a spouse or partner

Canadian citizens and permanent residents have the right to sponsor their spouses, common law partner or marital partner to come to Canada.

However, this right is limited to foster individuals who are also in that category.

These individuals cannot sponsor a new spouse or partner until the 5-year period ends from the day of their arrival in Canada and they become permanent residents.

This requirement applies regardless of whether the person acquires Canadian citizenship while doing so.

The 5-year ban does not apply to non-marital or partner sponsorship.

As such, individuals who have been cared for as a spouse or partner can freely care for other members of the family class.