Regulation 133 — Eligibility requirements for sponsor

(1) A sponsorship application shall only be approved by an officer if, on the day on which the application was filed and from that day until the day a decision is made with respect to the application, there is evidence that the sponsor

(a) is a sponsor as described in section 130;

(b) intends to fulfil the obligations in the sponsorship undertaking;

(c) is not subject to a removal order;

(d) is not detained in any penitentiary, jail, reformatory or prison;

(e) has not been convicted under the Criminal Code of

(i) an offence of a sexual nature, or an attempt or a threat to commit such an offence, against any person,

(i.1) an indictable offence involving the use of violence and punishable by a maximum term of imprisonment of at least 10 years, or an attempt to commit such an offence, against any person, or

(ii) an offence that results in bodily harm, as defined in section 2 of the Criminal Code, to any of the following persons or an attempt or a threat to commit such an offence against any of the following persons:

(f) has not been convicted outside Canada of an offence that, if committed in Canada, would constitute an offence referred to in paragraph (e);

(g) subject to paragraph 137(c), is not in default of

(i) any sponsorship undertaking, or

(ii) any support payment obligations ordered by a court;

(h) is not in default in respect of the repayment of any debt referred to in subsection 145(1) of the Act payable to Her Majesty in right of Canada;

(i) subject to paragraph 137(c), is not an undischarged bankrupt under the Bankruptcy and Insolvency Act;

(j) if the sponsor resides

(i) in a province other than a province referred to in paragraph 131(b),

(ii) in a province referred to in paragraph 131(b), is able, within the meaning of the laws of that province and as determined by the competent authority of that province, to fulfil the undertaking referred to in that paragraph; and

(k) is not in receipt of social assistance for a reason other than disability.

(2) Despite paragraph (1)(e), a sponsorship application may not be refused

(a) on the basis of a conviction in Canada in respect of which a pardon has been granted and has not ceased to have effect or been revoked under the Criminal Records Act, or in respect of which there has been a final determination of an acquittal; or

(b) if a period of five years or more has elapsed since the completion of the sentence imposed for an offence in Canada referred to in paragraph (1)(e).

(3) Despite paragraph (1)(f), a sponsorship application may not be refused

(a) on the basis of a conviction outside Canada in respect of which there has been a final determination of an acquittal; or

(b) if a period of five years or more has elapsed since the completion of the sentence imposed for an offence outside Canada referred to in that paragraph and the sponsor has demonstrated that they have been rehabilitated.

(4) Paragraph (1)(j) does not apply if the sponsored person is

(a) the sponsor’s spouse, common-law partner or conjugal partner and has no dependent children;

(b) the sponsor’s spouse, common-law partner or conjugal partner and has a dependent child who has no dependent children; or

(c) a dependent child of the sponsor who has no dependent children or a person referred to in paragraph 117(1)(g).

(5) A person who is adopted outside Canada and whose adoption is subsequently revoked by a foreign authority or by a court in Canada of competent jurisdiction may sponsor an application for a permanent resident visa that is made by a member of the family class only if the revocation of the adoption was not obtained for the purpose of sponsoring that application.