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

Frequently asked questions

The information given here relates to questions most often asked on topics not covered elsewhere in this guide. Share it with the person you want to sponsor as he or she could have similar concerns.

What will the person I want to sponsor have to do?

The person you want to sponsor and, if applicable, his or her family members will have to:

• sign the Agreement (form IMM 1344B);
• complete the forms included with The Immigrant’s Guide and provide appropriate documentation in support of their application;
• undergo a medical examination (results of the medical examination are valid for 12 months);
• pass criminal and security checks;
• obtain passports and, in some countries, exit visas; and,
• go for an interview at a Canadian visa office, if required.

The person you want to sponsor and his or her family members should not quit their jobs or sell their assets until they have their permanent resident visas.

Can I cancel my undertaking once it has been approved?

If you change your mind about sponsoring your spouse, common-law partner, conjugal partner or dependent children, you must write a letter to CPC-M before they are issued permanent resident visas (see What Happens Next? for information on the application process).

Once permanent resident visas are issued, the promise you, and if applicable, your co-signer, made to support your family is valid for the term of your undertaking.

The undertaking is an unconditional promise of support. For example, the granting of Canadian citizenship, divorce, separation or relationship breakdown or moving to another province does not cancel the undertaking. The undertaking also remains in effect if your financial situation deteriorates.

When does default end?

If you are in default because a person you sponsored received social assistance during the validity period of the undertaking and you have not reimbursed the government concerned for the amount paid to the sponsored person or because you failed to meet an obligation in an undertaking, you remain in default, regardless of when the period of validity ends, until such time as you

• reimburse the government concerned, in full or in accordance with an agreement with that government, for amounts paid by it, or
• meet the obligations set out in the undertaking.

If I live outside Canada, can I sponsor?

If you are not a Canadian citizen, you cannot sponsor if you live outside Canada.If you are a Canadian citizen, you may sponsor a spouse, a common-law or conjugal partner, or a dependent child who has no dependent child of his or her own. You must live in Canada when the sponsored person becomes a permanent resident. See How to apply to sponsor.

What if I do not meet sponsorship requirements?

If it is your intent to withdraw your sponsorship application in the event CPC-M assesses that you are ineligible to sponsor, you must notify CPC-M of your intent before the visa office begins to process the application for permanent residence of the person you want to sponsor. If you do not, you will not be eligible for a refund of your processing fees. You can notify CPC-M of your intent by checking the appropriate box on your application form (IMM 1344A). See instructions on how to complete the Application to Sponsor and Undertaking for additional details.

If you do not qualify as a sponsor and chose to withdraw your sponsorship application, you will be refunded the fees for processing the application for a permanent resident visa and any Right of Permanent Residence Fees you have paid. There will be no decision on the application for permanent residence of the person you are sponsoring and you will not have a right of appeal. You could then resolve the situation leading to your ineligibility and reapply at a later date.

If you do not qualify as a sponsor and have not notified CPC-M of your intent to withdraw, the application of the person you are sponsoring will be processed. The visa office will likely refuse the application for permanent residence and inform you in writing of your right to appeal.

Why might the application for permanent residence of the person I want to sponsor be refused?

There are many possible reasons why an application for permanent residence might be refused. Some examples are:

• the relationship between you and your family members is not genuine or has been entered into for immigration purposes only. For example, you married or entered into a common-law or conjugal partner relationship primarily to obtain permanent residence in Canada;
• you may not meet the financial requirements where these are applicable;
• the person you want to sponsor and his or her family members may not have provided the required documents as requested;
• the person you want to sponsor is not a member of the family class; or
• the person you want to sponsor and his or her family members are inadmissible to Canada because they have a criminal record or serious illness.

See What happens next? for a list of factors that can slow down processing of applications.

What if the application of the person I want to sponsor is refused?

If the person you want to sponsor is not a member of the family class, his or her application for permanent residence will be refused.

If the person you want to sponsor does not meet the eligibility requirements or admissibility criteria for the family class, his or her application will be refused. The visa office will inform him or her of the reasons for the refusal and you will have the right to appeal the decision.

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