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

Completing the sponsorship forms

The following will help you (and, if applicable, your co-signer) fill in the sponsorship forms included with this guide. Most questions on the forms are clear; instructions are provided only when necessary.

You must answer all questions, unless instructed otherwise. If you leave any sections blank, your application will be returned to you for completion. If any sections do not apply, write “Not Applicable”.

Complete the forms in block letters. Make sure all information is clear and easy to read. Your answers must be written in either the English or French language, unless instructed otherwise. If the space provided on the forms is insufficient to list any information, use an additional sheet of paper. Make sure you indicate the form’s title and the number or letter of the question you are answering. Write your name and the page number at the top left corner of each additional sheet.

WARNING! You (and, if applicable, your co-signer) must provide complete and accurate information. The information provided may be verified. If you give false or misleading information, you could be guilty of misrepresentation and have to pay a fine of up to $100,000 and/or face the risk of being imprisoned for a term of up to five years. It is a serious offence to make a false application.

Application to Sponsor and Undertaking (IMM 1344A)

A - Sponsor

1. Indicate whether you want to withdraw your sponsorship application or continue processing if you do not meet the sponsorship requirements. If your choice is to withdraw your sponsorship, the application for permanent residence of the person you want to sponsor will not be processed and you will have no right of appeal. All fees you will have paid, except the sponsorship fee of $75, will be repaid to you.

If you choose to continue processing or fail to notify CPC-M of your intent to withdraw, the application for permanent residence of the person you want to sponsor will be forwarded to a visa office, where it will be refused. You will have the right to appeal the decision. You will not be entitled to a refund of the processing fees.

Indicate also your preferred language for correspondence and complete the rest of the question.

5. This may be a post office box, rural route number, or another mailing address. Include your apartment number if you have one and your postal code.

10. Indicate whether you are a citizen or a permanent resident of Canada. If you are a naturalized Canadian (i.e., you came to Canada as a permanent resident and were later granted Canadian citizenship), write the date you became a Canadian citizen. If you are a permanent resident, write the date you became a permanent resident of Canada. The date is found in Box 45 of your Immigrant Visa and Record of Landing (IMM 1000) or of your Confirmation of Permanent Residence (IMM 5292).

Indicate if you are a Canadian citizen and if your claim to citizenship is by descent (example: you were born outside Canada to a parent who was Canadian at the time of your birth or adopted outside Canada by a Canadian parent and obtained citizenship through he adoption provision of the Citizenship Act).

11. If you are a naturalized Canadian citizen and no longer have your Immigrant Visa and Record of Landing (IMM 1000) or Confirmation of Permanent Residence (IMM 5292), print the name you used at the time you became a permanent resident.

B - Co-signer

Your spouse or common-law partner should complete this section only if he or she is co-signing the application. If you are sponsoring your spouse or common-law or conjugal partner, you cannot have a co-signer; write “Not Applicable” in this section. You do not need a co-signer if you are sponsoring a dependent child who has no children.

8 and 9: Follow the instructions for both 10 and 11 of Section A above.

C - Person being sponsored and his or her family members

(Attach a separate sheet if you need more space.)

Do not write in the boxes provided for length of undertaking and ID number. These are for official use only.

1. Give the details of the principal applicant, i.e., the person you want to sponsor.

Make sure that you enter the principal applicant’s country of nationality if it is different from his or her country of birth. If the principal applicant has no country of nationality (is stateless), enter his or her country of habitual residence.

2. If the principal applicant is your spouse or your common-law or conjugal partner, write “Not Applicable”. Otherwise, give details of the accompanying spouse or common-law partner of the principal applicant, if applicable; give details of the non accompanying spouse or common-law partner of the principal applicant, if applicable, in 4.

3. If the principal applicant and, if applicable, his or her accompanying spouse or common-law partner have dependent children who will be accompanying them to Canada, give the details of these dependent children.

4. Give details of the non accompanying spouse or common-law partner of the principal applicant, if applicable.

If the principal applicant and, if applicable, his or her spouse or common-law partner, whether accompanying the principal applicant to Canada or not, have dependent children who will not be accompanying them to Canada, give the details of these dependent children.

Note that if the principal applicant, or a family member referred to in 3 or 4 is a dependent child, you must check box A, B or C, as applicable. See Dependent children in the section titled Whom can you sponsor using this application package? for additional information.

Note that the principal applicant must indicate on the application for permanent residence whether his or her family members will accompany him or her to Canada. The visa office will not issue permanent resident visas to family members who were identified as non-accompanying.

6. Print the full address where the principal applicant lives in a). Information you provide in b) and c) will help us determine which visa office will process the application for a permanent resident visa. Under Canadian immigration legislation, an application for a permanent resident visa must be made at the visa office responsible for:

• the country where the applicant is living, if the applicant has been lawfully admitted to that country for a period of at least one year, or
• the applicant’s country of nationality, or
• the applicant’s country of habitual residence, if the applicant is stateless and has legal status in that country.

The person you are sponsoring will have to provide evidence of his or her status in the country where he or she is living. Should that status change or expire before the visa office has completed the processing of the application, processing of the application will be completed in the office where it was submitted unless circumstances dictate otherwise. The person concerned will be notified in the event his or her case is referred to another visa office. Consult our website for additional information on visa office jurisdiction.

If the principal applicant is a young child, include the name of the person who will be looking after his or her mail.

7. Print the mailing address where we can reach the principal applicant, if this address is different from the one in 6a).

It is important that you give us a complete and correct address for the principal applicant or the application will be delayed.

D - Adoption

This section is to be completed only if you are sponsoring a child whose adoption was completed or will be completed abroad or in Canada and you were/are a resident of Canada at the time the adoption process was/will be completed. If this is the case, obtain the appropriate application package as indicated in the Overview.

For the purpose of this application, write “Not Applicable” in section D and proceed to section E.

E - Eligibility Assessment

This section must be completed by the sponsor (and, if applicable, the co-signer.) It will help determine if you are eligible to sponsor and if your spouse or common-law partner is eligible to co-sign the application.

Note: If you find you are not eligible to sponsor, do not send in your application because it will be refused.

4. You must reside in Canada and continue to do so when the person you want to sponsor and his or her family members become permanent residents.

Exception: Canadian citizens living exclusively outside of Canada may submit a sponsorship for their spouse, common-law partner or conjugal partner and their children who have no children of their own. They must, however, come to Canada to reside with the sponsored person. If this is your situation, complete Section F - Residency Declaration.

6. If you have declared bankruptcy, do not submit this application unless you have been discharged from the bankruptcy.

9. If you have been ordered to leave Canada, you will have received a written notice from us. If you are unsure if an outstanding order is in place, contact our Call Centre to ask about your status. If you answer “yes,” do not submit your application.

11. You may not sponsor anyone if you are in a jail, prison, penitentiary or reformatory. It may be possible to sponsor if you are on parole, probation, or are serving a suspended sentence.

16. If you have been charged with an offence under an Act of Parliament punishable by a maximum term of imprisonment of at least ten years, you may send in your application; however, we will not process it until the courts have made a decision on your case. If you are convicted of a serious offence, the application may be refused.

F - Residency Declaration

This section is to be completed by Canadian citizens living exclusively outside of Canada and sponsoring a spouse, a common-law or conjugal partner, and/or dependent children who have no children of their own.

G - Undertaking

Read this section carefully. Similar provisions apply to Quebec residents who sign an undertaking with the province.

H - Authority to Disclose Personal Information

In addition to the information you are required to provide, we may ask government authorities in all countries where you have lived to share personal information they possess on your behalf.

I - Declaration

Read this section carefully before signing Section J. Ask and obtain an explanation on every point that is not clear to you.

J - Signature(s)

You and, if applicable, your co-signer must sign this form. If you do not, your entire application will be returned to you and it will cause delays in processing. Once the form is signed, it is a legal contract between you, your co-signer (if applicable) and the Minister of Citizenship and Immigration.

Sponsorship Agreement (IMM 1344B)

(Quebec residents need not complete this form.)

Read the form carefully. This form needs to be signed by you, your co-signer (if applicable) and the person you are sponsoring (i.e., the principal applicant). Follow these steps:

1. Read and sign the form.
2. Have your co-signer (if applicable) read and sign this form.
3. Send the form to the person you want to sponsor to read and sign.
   Note: No one can sign the agreement on behalf of the person you want to sponsor.
4. The person you want to sponsor will send it back to you with his or her completed forms. When you receive it, make two photocopies.
5. Give one photocopy to the person you want to sponsor and send one to us. Retain the original for your records.

An agreement is not required if the person you are sponsoring is under 22 and is not your spouse, common-law partner or conjugal partner.

A permanent resident visa will not be issued to the person you wish to sponsor and his or her family members unless there is a completed agreement. If you do not include the agreement with your application, you can expect delays in processing.

Statutory Declaration of Common-Law Union (IMM 5409)

If you have a co-signer, complete this form only if you and your co-signer are in a common-law relationship. A common-law partner is a person of the opposite or same sex who is living with you in a conjugal relationship and has done so for at least one year prior to the signing of the Undertaking.

A Commissioner for Oaths must certify this document. Provincial laws govern who can act in this position. In general, Members of Legislative Assemblies (MLAs), judges, justices of the peace and lawyers are authorized to take oaths. Check your phone book for listings.

Sponsor Questionnaire (IMM 5540)

You must complete this questionnaire and include it with your application to sponsor if you are sponsoring a spouse, a common-law partner or a conjugal partner. Provide as complete and precise a response as possible to each question. If you have to provide some answers on a separate sheet of paper, make sure you write your name, the form’s title and the number of the question you are answering on all additional sheets you will be attaching to your questionnaire.

Sponsorship Evaluation (IMM 5481)

(Quebec residents need not complete this form.)

The Sponsorship Evaluation form will help us assess your past and current obligations with respect to sponsorship undertakings you have signed or co-signed. Do not use this form if the person you are sponsoring

• is your spouse, common-law partner or conjugal partner and has dependent children who have dependent children of their own, or
• is your child, or a child of your spouse, common-law partner or conjugal partner, and has dependent children of his or her own.

Instead, you must complete the Financial Evaluation form and attach it with your application. You can obtain one by downloading a copy from our website, ordering it electronically on the application page of our website or by contacting our Call Centre (the form and accompanying instructions are labelled IMM 5482).

From the completed Sponsorship Evaluation form and the supporting documents you will be sending with your application, we should be able to determine whether you meet the residency requirement and whether you have the ability to support the person you are planning to sponsor and his or her family members.

Refer to Sections 17, 18 and, if applicable, 19 of the document checklist for a description of the documents you must provide in support of your application to prove your ability to fulfil your sponsorship obligations. Failure to provide evidence of your income may result in the return of your application.

Document Checklist (IMM 5491)

The Document Checklist is a reference list that helps ensure that you attach all required documents to your sponsorship application. Missing documentation will slow down the processing of your application and could result in it not being processed or being refused.

Enclose the Document Checklist with your application.

Use of a Representative (IMM 5476)

Complete this form if you are appointing a representative.

If you have dependent children aged 18 years or older, they are required to complete their own copy of this form if a representative is also conducting business on their behalf.

A representative is someone who has your permission to conduct business on your behalf with Citizenship and Immigration Canada. When you appoint a representative, you also authorize CIC to share information from your case file with this person.

You are not obliged to hire a representative. We treat everyone equally, whether they use the services of a representative or not. If you choose to hire a representative, your application will not be given special attention nor can you expect faster processing or a more favourable outcome.

The representative you appoint is authorized to represent you only on matters related to the application you submit with this form. You can appoint only one representative for each application you submit.

There are two types of representatives:

Unpaid representatives

• friends and family members who do not charge a fee for their advice and services
• organizations that do not charge a fee for providing immigration advice or assistance (such as a non-governmental or religious organization)
• consultants, lawyers and Québec notaries who do not, and will not, charge a fee to represent you

Paid representatives

If you want us to conduct business with a representative who is, or will be charging a fee to represent you, he or she must be authorized. Authorized representatives are:

• immigration consultants who are members in good standing of the Canadian Society of Immigration Consultants (CSIC)
• lawyers who are members in good standing of a Canadian provincial or territorial law society and students-at-law under their supervision
• notaries who are members in good standing of the Chambre des notaires du Québec and students-at-law under their supervision

If you appoint a paid representative who is not a member of one of these designated bodies, your application will be returned. For more information on using a representative, visit our website.

Section B.

5. Your representative’s full name

If your representative is a member of CSIC, a law society or the Chambre des notaires du Québec, print his or her name as it appears on the organization’s membership list.

8. Your representative’s declaration

Your representative must sign to accept responsibility for conducting business on your behalf.

Section D.

10. Your declaration

By signing, you authorize us to complete your request for yourself and your dependent children under 18 years of age. If your spouse or common-law partner is included in this request, he or she must sign in the box provided.

Release of information to other individuals

To authorize CIC to release information from your case file to someone other than a representative, you will need to complete form Authority to Release Personal Information to a Designated Individual (IMM 5475) which is available on our website and from Canadian embassies, high commissions and consulates abroad.

The person you designate will be able to obtain information on your case file, such as the status of your application. However, he or she will not be able to conduct business on your behalf with CIC.

You must notify us if your representative’s contact information changes or if you cancel the appointment of a representative.

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