The Requirements Specified in R130 for Assessing the Sponsor’s Eligibility
The authorities will typically assess various factors to determine the eligibility of the sponsor. For this, they will require some proofs. These proofs could comprise the proof of age and Canadian citizenship or permanent resident status. The documents that sponsors could typically provide for this include birth certificates, citizenship cards, passports, records of landing and permanent resident cards. The authorities could also refer to the Field Operations Support System (FOSS) for verifying permanent residence.
It is worth highlighting that the sponsors cannot use the following documents as proof of Canadian citizenship:
- Baptismal certificates or,
- A Citizenship Commemoration Certificate
The Residency Requirements for Sponsors
The authorities will typically need to assess residency requirements for sponsorship purposes. To accomplish this, the Immigration and Refugee Board (IRB) Appeal Division ruled that a sponsor will need to maintain a significant connection to Canada.
Therefore, officers will need to consider whether the prospective sponsor:
- Maintains a residence in Canada
- Has spouse and / or children resident in Canada
- Has assets in Canada
- Pays Canadian income tax on global income
- Visits Canada regularly and,
- Maintains investments, bank accounts, health insurance or club memberships in Canada
It is worth highlighting that the authorities could find sponsors ineligible to sponsor, if these individuals:
- Maintain residences in two countries at the same time
- Have a house in Canada, but work abroad
- Have interrupted their residence in Canada or spend little time in Canada
- Indications that officers will need to heed that the sponsor might not be residing in Canada include:
- Foreign stamps or post marks on the envelope
- A foreign employer or,
- The sponsor’s non-Canadian address
- Indications that officers will need to heed that the sponsor might not be residing in Canada include:
- Cannot satisfy officers in the face of evidence that suggests that these sponsors will leave Canada soon after the sponsored applicant becomes a permanent resident
- The authorities require sponsors to satisfy officers that they will continue to reside in Canada even after the member of the family class becomes a permanent resident
However, the officers cannot deem sponsors ineligible if they take short holidays or business trips outside Canada.
Note:
- Situations could arise where officers need additional information pertaining to the Immigration and Refugee Board (IRB) Appeal Division ruling
- For this, they would need to go through the case details of Athwal v. Canada (Minister of Citizenship and Immigration, 1998
The Guidelines for Sponsorship by Canadian Citizens Living Abroad
The following requirements apply to Canadian citizens living abroad:
- The authorities permit Canadian citizens who reside abroad to sponsor only their spouse, common-law partner, conjugal partner or a dependent child who does not have dependent children of their own
- These Canadian citizens living abroad will need to submit their sponsorship application package and fees to the Case Processing Centre in Mississauga (CPC-M) in Canada and not to the visa office
- Canadian citizens who are tourists in a foreign country, even if for extended spans of time, continue to remain residents of Canada
- The authorities will consider Canadian citizens who are long-term workers or students in another country as residents of that country
- Canadians who have spent little or not time in Canada might also seek to sponsor
- In this case, if these individuals have never worked in Canada and do not have the educational or language skills to find employment in Canada, officers could consider refusing the applications based on the provisions specified in A39
- However, before refusing the applications, the officers will need to verify that the arrangements for the care and support of the sponsored person are not satisfactory
- Sponsors will need to provide evidence that they will reside in Canada after the sponsored persons and their family members become permanent residents
Officers might need evidence in some cases that shows that the sponsors will continue to reside in Canada after the sponsored persons and their family members become permanent residents. Such evidence could typically comprise:
- A letter from an employer
- A letter of acceptance to a Canadian educational institution
- Proof having rented or purchased a dwelling in Canada and,
- Reasonable plans for re-establishing in Canada or severing ties to the other country
Chapters
- What This Chapter is About
- The Program Objectives
- The Instruments and Delegations
- The Departmental Policy
- The Definitions
- The Roles and Responsibilities
- The Overview of the Case Processing Centre (CPC) Activities Pertaining to Sponsorship Applications
- The Procedures for Reviewing Sponsorship and Permanent Residence Applications for Spouses, Common-Law Partners, Conjugal Partners and Dependent Children
- The Guidelines for Reviewing Sponsorship Applications for Other Members of the Family Class
- The Procedures for Processing Sponsorship Applications by the Case Processing Centre in Vegreville (CPC-V) for Spouses or Common-Law Partners in Canada
- The Procedures for Handling a Discontinued or Withdrawn Undertaking
- The Guidelines for Assessing a Sponsor’s Eligibility
- The Guidelines for Assessing Bars to Sponsorship
- The Guidelines Pertaining to Undertakings
- The Guidelines Concerning the Sponsorship Agreement
- The Guidelines for Applying the Financial Test
- The Procedures for Processing Sponsorships Involving Adoptions
- The Guidelines for Referring Sponsorship Applications for Investigation to Citizenship and Immigration Canada (CIC)
- The Procedures in Case the Applicant is Not a Member of the Family Class
- The Guidelines for Assessing Additional Family Members
- The Procedures for Dealing with Changes in Circumstances
- The Guidelines for the Suspension of Processing
- The Guidelines for Applications from Sponsors in Quebec
- Appendix A – The Eligibility Check for the Sponsor and the Co-Signer
- Appendix B – The Sample Letter to the Provincial / Territorial Adoption Authority to Request for the Issuance of the No Objection / No Involvement Letter or Notification of Agreement
- Appendix C – The Sample of Sponsorship Approval Letter for Adoption Cases from the Case Processing Centre in Mississauga (CPC-M) to the Sponsor
- Appendix D – The List of Offences Under the Criminal Code that Could Equate to Offences of a Sexual Nature and Offences Concerning Violence Against a Family Member
- Appendix E – The Low Income Cut Offs (LICO) and the Quebec Income Scale – 2011