Most sponsorship refusals are about the relationship or the applicant. Some are about the sponsor. If you fall under one of the sponsorship bars, the application can be refused no matter how genuine the relationship is, and in many cases the fee is lost. It is worth checking before you file.
The basic requirements
A sponsor must be at least 18, a Canadian citizen, permanent resident or person registered under the Indian Act, and must live in Canada. Canadian citizens living abroad can sponsor a spouse, partner or dependent child if they will live in Canada once the person becomes a permanent resident. Permanent residents cannot sponsor from abroad.
The sponsor must meet these requirements from the day the application is filed until the decision.
The sponsorship bars
You generally cannot sponsor if you:
- receive social assistance for a reason other than disability
- are in default on a previous sponsorship undertaking, meaning someone you sponsored received social assistance during the undertaking and it has not been repaid
- are in default of court-ordered support payments, such as child or spousal support
- are in default on an immigration loan or performance bond
- are an undischarged bankrupt
- are subject to a removal order
- are in jail or prison
- have been convicted of certain offences, including an offence of a sexual nature against anyone, or a violent offence or an offence causing bodily harm against a relative, unless a record suspension has been granted or enough time has passed since the sentence was completed
Several of these bars end once the underlying problem is fixed. A default on support payments or a previous undertaking, for example, can be cured by paying it off.
Rules that apply to spouses and partners
There are additional rules for sponsoring a spouse or partner:
- The five-year rule. If you became a permanent resident as a sponsored spouse or partner, you cannot sponsor a new spouse or partner until five years after you became a permanent resident.
- An existing undertaking. If you previously sponsored a spouse or partner, you cannot sponsor a new one while that earlier undertaking is still in effect.
- Existing marriages. A spouse cannot be sponsored if either of you was married to someone else at the time of the marriage.
Income requirements
There is no minimum income requirement for sponsoring a spouse, partner or dependent child, unless that child has a child of their own. Sponsoring parents and grandparents requires proof of income for several consecutive tax years, based on assessments from the Canada Revenue Agency. A spouse or partner can co-sign to combine incomes.
Our post on sponsoring parents and grandparents and our post on the super visa cover the options for parents.
Family members who cannot be sponsored
Separate from the sponsor bars, some family members cannot be sponsored because of their relationship to you. The most common is a family member you did not declare when you immigrated. Our post on undeclared spouses and children explains that rule.
Living in Quebec
Sponsors who live in Quebec must also meet Quebec’s requirements and sign an undertaking with the Quebec government, which has its own caps and timelines.
If you are refused
A refusal based on a sponsor bar can sometimes be appealed to the Immigration Appeal Division, depending on the bar and the family member. Our post on sponsorship appeals explains when that is possible. Often, the better approach is to fix the underlying issue and reapply.
How we can help
At Kabir & Alam, we assess sponsor eligibility before filing, fix curable problems first, and handle refusals and appeals. Read more about our family reunification work or book a consultation with us.
This post is general information about Canadian immigration law and is not legal advice. Every case turns on its own facts. Speak with a lawyer about your situation before making decisions.