Sponsorship of a spouse, common-law partner, conjugal partner or dependent child living outside Canada — Part 1: The sponsor’s guide (IMM 3900)

Sponsorship

What does it mean to “sponsor?”

When you sponsor persons who are members of the family class, you must sign an undertaking with the Minister of Citizenship and Immigration (or with the Ministère de l’Immigration et des Communautés culturelles (MICC) if you live in Quebec) promising to provide financial support for their basic requirements and those of their family members immigrating to Canada with them. Basic requirements are food, clothing, shelter and other basic requirements for everyday living. Dental care, eye care and other health needs not covered by public health services are also included. The undertaking ensures these persons and their family members do not have to apply for social assistance. Its length varies according to their age and/or their relationship to you.

Your obligations as a sponsor begin as soon as the person you are sponsoring and, if applicable, his or her family members arrive in Canada. The following table shows when your obligations end.

If that person or his or her family member is	Your obligations end
your spouse or your common-law or conjugal partner	three years after that person becomes a permanent resident
your dependent child or a dependent child of your spouse, common-law or conjugal partner and under 22 years of age on the day he or she becomes a permanent resident	ten years after that child becomes a permanent resident or on the day that child reaches age 25, whichever comes first
your dependent child or a dependent child of your spouse, common-law or conjugal partner and 22 years of age or over on the day he or she becomes a permanent resident	three years after that child becomes a permanent resident
any other person (e.g., your father, your mother, your grandparents or a dependent child of your parents)	ten years after that person becomes a permanent resident

Note: An immigrant who comes to Canada to live permanently does not become a permanent resident before having satisfied immigration officials that he or she meets all applicable requirements. The decision to grant permanent residence to an immigrant may coincide with that immigrant’s arrival in Canada or may be reached at a later date.

If payments from a federal, provincial or municipal assistance program are made during the validity period of the undertaking to the person you are sponsoring or his or her family members, you

• will be considered to be in default of your obligations,
• may have to repay to the government concerned any benefits they received, and
• will not be allowed to sponsor other members of the family class until you have reimbursed the amount of these payments to the government concerned.

If you live in Quebec and the person you want to sponsor intends to live there upon arrival, make sure you read the information concerning sponsors living in Quebec.

Whom can you sponsor using this application package?

You can use this application package to sponsor your spouse, common-law partner or conjugal partner, and your dependent children, who live outside Canada and meet the requirements defined for members of the family class.

Spouses, common-law partners and conjugal partners

You can sponsor a person as your spouse if that person is married to you and the marriage is a legally valid civil marriage. If your spouse is of the

• opposite sex and your marriage took place outside Canada, the marriage must be valid both under the laws of the jurisdiction where it took place and under Canadian law;
• same sex, your marriage must have taken place in Canada and be recognized by the authorities of the province where it took place.

Note: A marriage between two persons of the same sex will be recognized for immigration purposes, where the marriage:

1) was legally performed in Canada; or

2) if performed outside of Canada, the marriage must be legally recognized according to both the law of the place where the marriage occurred and under Canadian law. This applies to same-sex marriages performed in the following jurisdictions:

• Belgium
• the Netherlands
• South Africa
• Spain
• the State of Massachusetts.

For additional information on same-sex marriages, consult our website.

You can sponsor a person as your common-law partner if

• that person is of the opposite or same sex,
• you and that other person have cohabited in a conjugal relationship for a period of at least one year, and
• your relationship with that person is continuing, even though you are temporarily living apart.

You can sponsor a person as a conjugal partner⁽¹⁾ if

• that person is of the opposite or same sex,
• that person is residing outside Canada (that is, has, for legal purposes, a fixed, permanent and principal home outside Canada), and
• you have maintained a conjugal relationship with that person for at least one year, that is you have been in a committed and mutually interdependent relationship of some permanence where you have combined your affairs to the extent possible.

⁽¹⁾ This last category is intended for partners of Canadian sponsors who would ordinarily apply as

• common-law partners but cannot meet the definition, that is were not able to live together continuously for one year with their sponsor, or
• spouses, but marriage to their sponsor is usually not an available option to them,

usually because of marital status or sexual orientation, combined with an immigration barrier (for example, rules preventing partner and sponsor of long stays in one another’s countries).

If your sponsorship is successful, your conjugal partner becomes a permanent resident of Canada but cannot exercise any rights or privileges associated with common-law status until you have cohabited for at least one year.

Note: There is no provision for fiancé(e)s in Canada’s immigration legislation. If you are the fiancé(e) of a Canadian citizen or permanent resident, you must marry before the immigration process takes place. Conjugal partners are not fiancé(e)s and are not fiancé-like (that is, intending to live together and begin a conjugal relationship).

Excluded relationships

You cannot sponsor a person as your spouse, common-law partner or conjugal partner if

• that person is under 16 years of age;
• you are a permanent resident or a naturalized citizen of Canada and at the time you made your application for permanent residence, that person was a non-accompanying family member, former spouse or common-law partner and was not examined; or
• you previously sponsored another spouse, a common-law partner or a conjugal partner and three years have not passed since that spouse, common-law partner or conjugal partner became a permanent resident.

Further, you cannot sponsor a person as your spouse

• if you or this person were the spouse of another person at the time of your marriage, or
• if you have lived separate and apart from this person for at least one year an
  A. you are the common-law or conjugal partner of another person, or
  B. the person you want to sponsor is the common-law partner of another person or the conjugal partner of another sponsor.

Dependent children

Your child or a child of the person you are sponsoring will be considered a dependent child if that child

A. is under the age of 22 and not married or in a common-law relationship; or

B. married or entered into a common-law relationship before the age 22 and, since becoming a spouse or a common-law partner, has

• been continuously enrolled and in attendance as a full-time student in a post secondary institution accredited by the relevant government authority and
• depended substantially on the financial support of a parent; or

is 22 years of age or older and, since before the age of 22, has

• been continuously enrolled and in attendance as a full-time student in a post secondary institution accredited by the relevant government authority and
• depended substantially on the financial support of a parent; or

C. is 22 years of age or older, has depended substantially on the financial support of a parent since before the age of 22 and is unable to provide for him/herself due to a medical condition.

Dependent children must meet the above requirements both on the day the Case Processing Centre in Mississauga (CPC-M), Ontario, receives a complete application for a permanent resident visa and, without taking into account whether they have attained 22 years of age, on the day a visa is issued to them.

Adopted children

A permanent resident visa cannot be issued to a child as a member of the family class if that child is the adopted dependent child of the sponsor unless the sponsor demonstrates he or she has obtained information concerning the medical condition of the child. This is one of the measures the government has taken to ensure that the child’s best interests are protected.

If your sponsorship application includes a child described above, complete and sign the Medical Condition Statement and include it with the other documentation supporting your application.

If the adoption process of your adopted dependent child was completed while you were living in Canada as a citizen or permanent resident of that country or will be completed in Canada, do not use this kit. See Overview for which kit to use.

All family members of a would-be immigrant, whether accompanying or not, must be examined. If you previously made an application for permanent residence and became a permanent resident of Canada, your family members who were not examined in accordance with Canadian Immigration Regulations at the time you made your application, are excluded from the family class and you may not sponsor them.

Who can sponsor?

You may be eligible to sponsor if:

• the person you want to sponsor is a member of the family class;
  
  Note: If that person is not a member of the family class, you will not meet sponsorship requirements and, therefore, your application to sponsor will not be approved and the application for permanent residence of the person you want to sponsor will be refused, unless you decide to withdraw your sponsorship application. If you withdraw the sponsorship, you will have no appeal rights.
  
  
• you are 18 years of age or older;
  
  
• you are a Canadian citizen or permanent resident;
  
  
• you reside in Canada;
  
  Canadian citizens not residing in Canada may sponsor their spouse, common-law partner, conjugal partner and/or dependent children who have no dependent children of their own. Canadians travelling abroad as tourists are not considered to be residing outside Canada.
  
  Sponsors not residing in Canada must provide evidence that they reside exclusively outside Canada on the date of giving the undertaking and will reside in Canada at the time their sponsored spouse, common-law partner, conjugal partner and/or children become permanent residents of Canada. Evidence that they will reside in Canada may include one or more of the following:
  • letter from an employer;
  • letter of acceptance to a Canadian educational institution;
  • proof of having rented/bought a dwelling in Canada;
  • reasonable plans for re-establishing in Canada or severing ties to the other country.
    
    
• you sign an undertaking promising to provide for the basic requirements of the person being sponsored and, if applicable, his or her family members;
  
  
• you and the person being sponsored sign an agreement that confirms that each of you understands your mutual obligations and responsibilities;
  
  If you reside in Quebec, see Step 2 of How to apply to sponsor for additional information on forms to complete.
  
  
• you have an income that is at least equal to the minimum necessary income, the amount of which is published yearly by the Canadian government.
  
  You will have to provide us with documents that show your financial resources for the past 12 months and prove you are financially able to sponsor members of the family class. You may solicit the help of a co-signer (must be your spouse or common-law partner). If you reside in Quebec, see also Sponsors living in Quebec.
  
  This condition does not apply if you are sponsoring only
  • your spouse, common-law or conjugal partner who has no dependent children, or
  • your spouse, common-law or conjugal partner whose dependent children have no children of their own, or
  • your dependent child who has no children of his or her own.

Who cannot sponsor?

You are not eligible to sponsor if you are in default of a previous sponsorship undertaking, of an immigration loan, of court ordered support payment obligations or of a performance bond (an amount you agreed to pay as a guarantee of performance of an obligation under the immigration legislation);

Default of a previous sponsorship undertaking means persons you sponsored in the past have received social assistance during the validity period of the undertaking.

Default of an immigration loan means you received a transportation, assistance or Right of Permanent Residence (previously Right of Landing) Fee loan and have not made a required payment or are in arrears with your loan payments.

Default of any court ordered support payment obligations means you were ordered by a court to make support payments to your spouse, common-law partner or child and have neglected to do so.

Default of a performance bond means you have not paid the sum of money that became payable to the Canadian government following a promise you made to pay this sum if the person specified in the performance bond that you signed or co-signed did not comply with the conditions imposed on him or her by immigration authorities.

If you are in default of a previous sponsorship, of an immigration loan, of court ordered support payment obligations or of a performance bond and you submit an application to sponsor, it will be refused even if you are sponsoring your spouse, common-law partner, conjugal partner, or child. Should you want to sponsor again, you will have to

• repay the full amount of any social assistance payment or repay the debt to the satisfaction of the provincial, territorial or municipal authorities that issued the benefit or ordered you to pay, if you are in default of a previous sponsorship,
  
  pay all arrears on your loan, if you are in default of an immigration loan,
  
  resolve the family support matter to the satisfaction of the provincial or territorial authorities who ordered the payment, or
  
  pay any outstanding bonds for which you are a signer or a co-signer and that became payable;
  
  
• submit a new sponsorship application;
  
  
• pay new processing fees; and
  
  
• meet all the eligibility requirements for sponsorship at that time.

For information on social assistance repayments, contact the appropriate provincial authorities (see Table 1).

For information on your loan account only, contact Collection Services at 1 800 667-7301 (this number may be accessed from within Canada and the United States only).

You cannot sponsor a person for whom you have submitted a previous sponsorship application and no final determination has been made with respect to that application.

You are ineligible to sponsor if:

• you are in prison;
• you are an undischarged bankrupt;
• you are in receipt of social assistance for a reason other than disability;
• you were convicted of a sexual offence or an offence against the person with respect to
  • one of your family members or relatives,
  • one of your spouse’s or common-law partner’s family members or relatives, or
  • your conjugal partner or one of your conjugal partner’s family members or relatives, unless you were granted a pardon or five years have passed after the expiration of the sentence imposed on you;
• you were adopted outside Canada and subsequently obtained a revocation of your adoption for the purpose of sponsoring an application for permanent residence by your biological parent;
• you are subject to a removal order; or
• have been convicted of a serious criminal offence, have provided false information to Immigration, or have not met conditions of entry.

Under what circumstances may processing be suspended?

If any of the proceedings below apply to you and you send a sponsorship application to CPC-M, your application will not be processed until a final decision is rendered with respect to that proceeding.

• You have been charged with the commission of an offence that is punishable by a maximum term of imprisonment of at least 10 years.
• You are subject of a report that would render you inadmissible to Canada.
• You are the subject of an application to revoke your citizenship.
• You are the subject of a certificate signed by the Minister of Citizenship and Immigration and the Solicitor General of Canada stating you are inadmissible on grounds of security, human or international rights violation, serious criminality or organized criminality.
• You are appealing the loss of your permanent resident status.

Table 1 - Provincial authorities contact information

If at any time during the validity period of the undertaking you signed, the person you are sponsoring or their family members had to depend on financial support from a federal, provincial or municipal assistance program, you are considered in default of your obligations.

If you need information about how to repay the money owed, contact the corresponding provincial office listed below. The services offered by these offices are available during local business hours only.

If you would like information about other immigration issues, contact our Call Centre or visit our website.

Alberta
Alberta Employment, Immigration and Industry
Income Support Contact Centre
Toll Free 1-866-644-5135
In Edmonton (780) 644-5135

British Columbia
Ministry of Housing and Social Development
Sponsorship Default Recovery Program
P.O. Box 9950 STN PROV GOVT
Victoria BC  V8W 9R3
Toll free: (877) 815-2363 – Option #6

Quebec
Centre des garants défaillants et services aux parrainés
Ministère de la solidarité sociale
276, rue Saint-Jacques Ouest, 3^e étage
Montréal QC  H2Y 1N3
1 (514) 873-6904

Newfoundland and Labrador
Department of Social Services
P.O. Box 8700
St. John’s, NL  A1B 4J6
1 (709) 729-0583

Saskatchewan
Department of Community
Resources and Employment
Saskatchewan Social Services
1920 Broad Street, 11^th Floor
Regina, SK  S4P 3V6
1 (306) 787-1388

New Brunswick
Family and Community Services
P.O. Box 6000
Fredericton NB  E3B 5H1
1 (506) 453-2001

Manitoba
Department of Family Services
114 Garry Street, Room 305
Winnipeg, MB  R3C 4V7
1 (204) 945-2177

Nova Scotia
Department of Community Services
P.O. Box 696
Halifax, NS  B3J 2T7
1 (902) 424-4262

Ontario
Ministry of Community and Social Services
Overpayment Recovery Unit
Box 333
Toronto, ON  M7A 1N3
Toll free: 1 (888) 346-5184
Fax: 1 (866) 778-7750

Prince Edward Island
Department of Health and Social Services
11 Kent Street, 2^nd Floor
P.O. Box 2000
Charlottetown, PEI  C1A 7N8
1 (902) 368-4900

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