Section 13 — Sponsoring a foreign national
Text of provision
(1) A Canadian citizen or permanent resident, or a group of Canadian citizens or permanent residents, a corporation incorporated under a law of Canada or of a province or an unincorporated organization or association under federal or provincial law — or any combination of them — may sponsor a foreign national, subject to the regulations.
(2) and (3) [Repealed, 2012, c. 17, s. 7]
(4) An officer shall apply the regulations on sponsorship referred to in paragraph 14(2)(e) in accordance with any instructions that the Minister may make.
Plain English
Section 13 gives Canadian citizens and permanent residents the right to sponsor foreign nationals for permanent residence. A sponsor makes a sponsorship undertaking — a binding commitment to provide for the sponsored person's basic needs and ensure they do not require social assistance for the duration of the undertaking.
Section 13(2) requires the sponsor to make an application and meet prescribed criteria, including income requirements. Section 13(3) provides that regulations may specify which foreign nationals are members of the family class.
A sponsorship undertaking remains in force for the prescribed period even if the relationship between the sponsor and sponsored person breaks down.
Practical effect
Sponsorship undertakings are legally enforceable. If a sponsored person receives social assistance during the undertaking period, the relevant government can seek reimbursement from the sponsor. The undertaking period varies by relationship and age of the sponsored person — spousal sponsorships are typically 3 years from the date of landing; dependent children are typically 10 years or until age 25, whichever comes first.
Sponsors who have been in default on a previous sponsorship undertaking are ineligible to sponsor new applicants. The IRPR sets out the full list of eligibility requirements and bars.