Applying for permanent residence from within Canada: Humanitarian and compassionate considerations (IMM 5291)

Appendix C: Sponsor’s instructions

Who is eligible to become a sponsor?

You may be eligible to sponsor if:

• you are 18 years of age or older;
• you are a Canadian citizen or permanent resident;
• you live in Canada;
• you have an income that is at least equal to the minimum necessary income. 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 a family member or close relative. You may solicit the help of a co-signer. The minimum necessary income is published in Application to Sponsor a Member of the Family Class (IMM 5196) or is available by phoning our Call Centre.

Who is not eligible to become a sponsor?

You may not sponsor if you are:

• in default of a previous sponsorship undertaking;
• in default of an immigration loan;
• in default of any court ordered support payment obligations;
• in prison;
• an undischarged bankrupt;
• in receipt of social assistance for a reason other than disability;
• subject to a removal order.

Note: This is only a summary of sponsorship ineligibilities. For more information, consult Application to Sponsor a Member of the Family Class (IMM 5196).

Who can you sponsor?

You may sponsor:

• your father, mother, grandfather or grandmother;
• your dependent children, including adopted children. Dependent children must meet the criteria listed in Appendix A: Dependent Children;
• your brother, sister, nephew, niece, grandson or granddaughter, who is an orphan, under age 18 and who does not have a spouse or common-law partner;
• any of your other relatives if you do not have a spouse or common-law partner, son, daughter, mother, father, brother, sister, grandparent, aunt, uncle, niece or nephew who is a Canadian citizen or permanent resident, and no other family class relatives whom you could sponsor.

Note: If the applicant is your spouse or common-law partner and you are an eligible sponsor, your spouse or common-law partner should apply for permanent residence in the Spouse or Common-law Partner in Canada Class, whether or not he or she has legal immigration status.

For more information on the Spouse or Common-law Partner in Canada Class, visit our website or phone our Call Centre.

What does it mean to sponsor a family member or a close relative applying on humanitarian and compassionate grounds?

When you agree to sponsor, you must sign an undertaking. The undertaking is a promise to provide financial support for your family member or close relative’s basic requirements for up to ten years (if they cannot support themselves). Sponsors must prove that they have enough income to fulfil sponsorship obligations.

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.

When we process your family member or close relative’s application we will consider all factors, including the undertaking. A sponsorship is not a legal requirement of an application for permanent residence on humanitarian and compassionate grounds; however, it may be an important factor if your family member or close relative is unable to support himself or herself.

Sponsors living in Quebec

If you live in Quebec, a copy of the sponsorship and related documents will be forwarded to the Ministère de l’Immigration et des Communautés culturelles for assessment of the undertaking.

The province of Quebec is responsible for determining whether sponsors living in the province have the financial ability to sponsor family members and the length of the undertaking.

Length of undertaking

Your obligations as a sponsor begin as soon as you sign the undertaking and are binding from the time your family member or close relative is granted permanent resident status. The chart below will help you determine for how long your undertaking will be valid.

Person being sponsored	Length of undertaking
Dependent children over 22 years of age	Three years after the day he or she becomes a permanent resident
Dependent children under 22 years of age	Ten years or until the child reaches 25 years of age, whichever comes first
All other cases	Ten years after the day he or she becomes a permanent resident

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 any benefits received by the person you sponsored to the government concerned. When in default you will not be allowed to sponsor other family members or close relatives.

May I appeal the decision if my family member or close relative’s application is refused?

No. There is no right of appeal for humanitarian and compassionate cases under any circumstances.

Steps to follow if you decide to sponsor your family member or close relative

STEP 1. Read section Completing the Sponsorship Forms of this appendix.

STEP 2. Complete the sponsorship forms.

STEP 3. Include the completed sponsorship forms and supporting documents in your family member or close relative’s application for permanent residence.

Completing the sponsorship forms

The following will help you fill in the sponsorship forms. Most questions on the forms are clear; instructions are provided only when necessary. You must answer all questions. If any section does not apply to you, write “N/A” (Not Applicable).

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 face the risk of being imprisoned for a term of up to five years. It is a serious offence to submit a false application.

Application to Sponsor and Undertaking (IMM 1344A)

A - Sponsor

1. Check “To proceed with the application for permanent residence”.

10. Indicate whether you are a citizen or a permanent resident of Canada. If you are a naturalized Canadian (that is, 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 on your Confirmation of Permanent Residence (IMM 5292).

B - Co-signer

Your spouse or common-law partner should complete this section only if he or she is co-signing the application.

8. Follow the instructions for question 10 of Section A.

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 (the person you want to sponsor). If the principal applicant has no country of nationality (stateless), enter his or her country of habitual residence.

2. If the principal applicant has a spouse or common-law partner living in Canada, give details. If the spouse or common-law partner of the principal applicant is outside Canada, give details in question 4.

3. If the principal applicant or his or her spouse or common-law partner have dependent children living in Canada, give details of these dependent children.

4. If the principal applicant has a spouse or common-law partner living outside Canada, give details. If the principal applicant or his or her spouse or common-law partner have dependent children living outside Canada, give details of these dependent children.

Note that if the principal applicant, or a family member referred to in question 3 or 4 is a dependent child, you must check box A, B or C, as applicable. See Appendix A: Dependent Children.

6. a) Print the full address where the principal applicant lives.

6. b) and c) Do not complete these sections, skip to question 7.

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

D - Adoption

If you are sponsoring a child you have adopted while you were living in Canada or intend to adopt in Canada, check the appropriate box. If the child is already adopted, you must provide documentary evidence that you are the legal adoptive parent. See the Document Checklist-Sponsor (IMM 5287);

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 include your sponsorship forms in your family member or close relative’s application.

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

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 include your sponsorship forms in your family member or close relative’s 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, you may not be eligible to sponsor.

F - Residency declaration

Write “Not Applicable” in this section.

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 these sections carefully before signing Section J.

J - Signature(s)

You and, if applicable, your co-signer must sign this form. If you do not, your family member or close relative’s entire application will be returned 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.

Document Checklist - Sponsor (IMM 5287)

The Document Checklist is a reference list to help ensure that you attach all required documents to your sponsorship application. If documentation is missing, the application will be returned to the person you wish to sponsor.

Copy 2 of your Receipt - Leave this box blank. The processing fees for the sponsorship application are included in the fees your family member or close relative paid for the application for permanent residence.

Include the Document Checklist - Sponsor in your family member or close relative’s application.

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