The Sponsorship Agreement refers to a written contract in which sponsors and applicants make promises to each other. The sponsor will typically submit a completed and signed Sponsorship Agreement (photocopy or a faxed copy) with the sponsorship application. It is worth mentioning that the agreement does not need to be the agreement in the application kit, as long as it is clear that:
- It is a legal and binding contract
- It contains the provisions described in R132 (2) and,
- It bears the signatures of the people listed at the end – for more details refer to the section titled ‘Who Signs the Sponsorship Agreement?’ that appears subsequently in this document i.e. section 16.1 of IP 2
A sponsorship application that does not include a signed agreement is not complete.
As part of the agreement, the sponsors promise to provide for the basic requirements of the sponsored applicants and the accompanying family members for the period of the undertaking. This will include requirements such as food, shelter, clothing, any necessary goods or services and health and dental care that is not already covered.
In addition, the sponsors will also need to promise that:
- Their financial obligations will not prevent them from providing for the applicants and,
- The sponsored foreign nationals will not need to apply for social assistance
Similarly, the applicants will need to promise to make reasonable efforts to provide for their basic requirements as well as those of their family members.
It is worth mentioning that sponsors and co-signers and applicants remain bound by their obligations after signing the agreement. As such, they will not be able to withdraw the agreement unless they withdraw the entire undertaking prior to visa issuance (for applicants abroad) or before the authorities grant permanent resident status (for applicants in Canada).
For more details, officers will need to refer to the section titled ‘The Procedures for Handling a Discontinued or Withdrawn Undertaking’ i.e. section 12 of IP 2.
Who Signs the Sponsorship Agreement?
The following individuals will need to sign the Sponsorship Agreement:
- The sponsor (and co-signers, if applicable) and sponsored applicants aged 22 years or above and,
- Applicants below 22 years of age if they are the spouse, common-law or conjugal partner of the sponsor
A power of attorney is a legal document where a person delegates to another the power and authority to act on their behalf in general or in specific matters. As such, there is no legal impediment to a person duly appointed in the power of attorney document, from signing a sponsorship application on behalf of an able-minded or incapacitated client as long as the power of attorney gives them the authority to do this.
Who Does Not Need to Sign the Agreement?
The following individuals do not need to sign the agreement:
- Dependent children under 22 years of age and,
- Sponsored children over 22 years of age with a physical or mental condition that is such that they are unable to support themselves
The Guidelines for Amending the Sponsorship Agreement
Sponsors and applicants have the ability to add obligations. But, they will not be able to remove those obligations specified in the provisions in R132 (2).
Situations could arise that require the addition of new family members or relatives to the application. In this scenario, the visa offices will need to add these individuals to the applicant’s copy of the agreement. Thereafter, the visa offices will need to forward this to the Case Processing Centre in Mississauga (CPC-M).
The Case Processing Centre in Mississauga (CPC-M) will need to contact the sponsor for determining if the sponsor continues to meet the financial requirement. If it finds this to be the case, it will add the new family member or relative to the undertaking and the agreement.
- 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