Regulation 122 — Assessment of sponsor
Text of provision
A foreign national who is an accompanying family member of a person who makes an application as a member of the family class shall become a permanent resident if, following an examination, it is established that
(a) the person who made the application has become a permanent resident; and
(b) the family member is not inadmissible.
Plain English
Regulation 122 requires an officer to assess whether the sponsor meets the eligibility criteria under r 130 (is a Canadian citizen or PR aged 18+, is not in default on a previous undertaking, has not been convicted of specified offences, is not subject to a removal order, and meets the minimum income requirement for parents and grandparents). The officer may refuse the sponsorship if any eligibility requirement is not met.
Practical effect
The most common grounds for sponsor refusal are: previous sponsorship default (unpaid undertaking debt), criminal convictions (particularly for family violence), current receipt of social assistance (disqualifying for most categories), and failure to meet the minimum necessary income (MNI) for parent/grandparent sponsorship. An officer's refusal of a sponsorship application is a decision that can be appealed to the IAD. The sponsor must also demonstrate that the relationship with the sponsored person is genuine and not entered into primarily for immigration purposes.