Applying for permanent residence from within Canada: Spouse or common-law partner in Canada class (IMM 5289)

Part One: Sponsor’s guide

The Spouse or Common-law Partner in Canada Class

If you are a Canadian citizen or permanent resident and live with your spouse or common-law partner in Canada, you may apply to sponsor your spouse or common-law partner’s application for permanent resident status.

You must promise to provide for the care and support of your spouse or common-law partner and that of their dependent children. Refer to the definition of Dependent Children in the Applicant’s guide.

Warning: There is no right of appeal in the Spouse or common law partner in Canada class.

What does it mean to sponsor?

When you agree to sponsor, you must sign an undertaking. The undertaking is a promise to provide financial support for your spouse or common-law partner’s basic requirements and those of his or her dependent children.

Note: Basic requirements are food, clothing, shelter and other needs for everyday living. Dental care, eye care and other health needs not covered by public health services are also included. The undertaking ensures the applicant and his or her dependent children do not have to apply for social assistance.

Length of undertaking

The chart below will help you determine for how long your undertaking will be valid.

Immigrant	Length of undertaking
Your spouse or common-law partner	Three (3) years after the day he or she becomes a permanent resident
Dependent children over 22 years of age	Three (3) years after the day he or she becomes a permanent resident
Dependent children under 22 years of age	10 years after the day he or she becomes a permanent resident, or until the child reaches 25 years of age, whichever comes first

If payments from a federal, provincial or municipal assistance program are made while the undertaking is valid, you will be considered in default. You may have to repay to the government concerned any benefits received by the applicant and until then you will not be allowed to sponsor other relatives.

Whom may I sponsor?

You may sponsor someone as your spouse if he or she meets the requirements in columns A and C.

You may sponsor someone as your common-law partner if he or she meets the requirements in columns B and C.

A - Spouse	B: Common-law partner	C: Both spouse and common-law partner
A person married to you and the marriage is a legally valid civil marriage. 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 (U.S.A.). For additional information on same-sex marriages, consult our website.	Is of the opposite or same sex Is cohabiting in a conjugal relationship with you and has done so for at least one year	Is living with you in Canada Has a valid passport or travel document Is 16 years of age or older Is your spouse or common-law partner for genuine reasons and not primarily to obtain permanent resident status in Canada

Whom may I not sponsor?

You may not sponsor your common-law partner if:

• You have lived apart from him or her for at least one (1) year and you or he or she is in a common-law relationship with another person.
• Either of you is legally married to someone else, unless you have lived apart from that spouse for at least one year.

Sponsorship eligibility

In order to sponsor you must:

You may NOT sponsor if:

Be 18 years of age or older Be a Canadian citizen or permanent resident Be sponsoring a member of the Spouse or Common-law Partner in Canada Class Live in Canada and continue to live in Canada after the sponsored person obtains permanent resident status Sign an agreement, along with your spouse or common-law partner, confirming that each of you understands your obligations and responsibilities. Sign an undertaking promising to provide for your spouse or common-law partner’s basic requirements and, if applicable, those of his or her dependent children Prove that you have sufficient income to provide basic requirements for your spouse or common-law partner’s dependent child. To do this, you must provide documents that show your financial resources for the past 12 months. This requirement applies only when dependent children who have dependent children of their own are included on the application.

You have an undertaking for a previous spouse or common-law partner and three years have not elapsed since he or she became a permanent resident You receive social assistance for a reason other than disability You are in default of an undertaking, immigration loan performance bond or family support payments (Refer to the Defaults section below) You are an undischarged bankrupt You were convicted of a sexual offence or an offence involving family violence, unless you were granted a pardon or five years have passed since the completion of your sentence You are under a removal order You are detained in a penitentiary, jail reformatory or prison You have already applied to sponsor your current spouse or common-law partner and a decision on your application has not yet been made

Defaults

You are not eligible to sponsor if you are in default of a previous undertaking. If you are in default and you submit an application to sponsor, it will be refused and the sponsorship fees you have paid will neither be refunded nor applied to subsequent applications for sponsorships.

If you are in default of:	You may not sponsor until:
A previous sponsorship undertaking. (Relatives you sponsored in the past have received social assistance or welfare while the undertaking was valid.)	You repay the full amount of any social assistance or welfare payment or repay the debt to the satisfaction of the government authority that issued the benefit or ordered you to pay.
An immigration loan. (You received a transportation, assistance or Right of Permanent Residence Fee (previously called the Right of Landing Fee) loan and have missed payments or are in arrears.)	You pay all arrears on your loan. For information, contact Collection Services at 1 800 667-7301 (Canada and the United States only).
Any support payment obligations. (You were ordered by a court to make support payments to a spouse or child and have neglected to do so.)	You resolve the family support matter.
A performance bond. (You agreed to pay money to guarantee that an immigrant would fulfil his or her obligations under immigration legislation.)	You pay the full amount of the bond.

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.

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

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

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

Suspension of processing

If any of the proceedings below apply to you and you submit a sponsorship application, your application will not be processed until a final decision on that proceeding is made.

• Proceedings have been initiated against you 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 have been charged with an offence that is punishable by a maximum term of imprisonment of at least ten years

May I cancel my undertaking after it has been approved?

If you change your mind after submitting the sponsorship application and undertaking, you must write us a letter before your spouse or common-law partner is granted permanent resident status. An undertaking can only be withdrawn if the Case Processing Centre in Vegreville (CPC-V) agrees to the withdrawal. If the CPC agrees to the withdrawal, there is no repayment of processing fees for an application for permanent residence and there is no right of appeal.

If your spouse or common-law partner has already been granted permanent resident status, the promise you made to support your spouse or common-law partner will be valid for the term of your undertaking. Under no circumstances does the granting of Canadian citizenship, divorce, separation or moving to another province cancel the undertaking. The undertaking also remains in effect if your financial situation deteriorates.

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