Regulation 130 — Sponsor
Text of provision
(1) Subject to subsections (2) and (3), a sponsor, for the purpose of sponsoring a foreign national who makes an application for a permanent resident visa as a member of the family class or an application to remain in Canada as a member of the spouse or common-law partner in Canada class under subsection 13(1) of the Act, must be a Canadian citizen or permanent resident who
(a) is at least 18 years of age;
(b) resides in Canada; and
(c) has filed a sponsorship application in respect of a member of the family class or the spouse or common-law partner in Canada class in accordance with section 10.
(2) A sponsor who is a Canadian citizen and does not reside in Canada may sponsor a foreign national who makes an application referred to in subsection (1) and is the sponsor’s spouse, common-law partner, conjugal partner or dependent child who has no dependent children, if the sponsor will reside in Canada when the foreign national becomes a permanent resident.
(3) A sponsor who became a permanent resident or a Canadian citizen after being sponsored as a spouse, common-law partner or conjugal partner under subsection 13(1) of the Act may not sponsor a foreign national referred to in subsection (1) as a spouse, common-law partner or conjugal partner, unless the sponsor has been a permanent resident, or a Canadian citizen, or a combination of the two, for a period of at least five years immediately preceding the day on which a sponsorship application referred to in paragraph (1)(c) is filed by the sponsor in respect of the foreign national.
Plain English
Regulation 130 specifies who qualifies as a sponsor. A sponsor must be:
- a Canadian citizen or permanent resident;
- at least 18 years of age;
- residing in Canada (or intending to return to Canada when the sponsored person becomes a permanent resident, if the sponsor is a citizen residing abroad); and
- not subject to a removal order, not detained, and not imprisoned.
Practical effect
Permanent residents who reside outside Canada generally cannot sponsor — unlike Canadian citizens abroad, permanent residents must be in Canada to be eligible as sponsors. This prevents permanent residents from sponsoring family members while residing permanently in their home country.
A sponsor who is in default on a previous undertaking (i.e., a sponsored person received social assistance and the sponsor was found liable) is ineligible to sponsor again until the default is resolved.