Regulation 135 — Other relatives — family class
Text of provision
For the purpose of subparagraph 133(1)(g)(i), the default of a sponsorship undertaking
(a) begins when
(i) a government makes a payment that the sponsor has in the undertaking promised to repay, or
(ii) an obligation set out in the undertaking is breached; and
(b) ends, as the case may be, when
(i) the sponsor reimburses the government concerned, in full or in accordance with an agreement with that government, for amounts paid by it, or
(ii) the sponsor ceases to be in breach of the obligation set out in the undertaking.
Plain English
Regulation 135 provides that a sponsor may sponsor an orphaned relative who is a brother, sister, nephew, niece, or grandchild under 18 if the relative has no surviving parent and is not a spouse or common-law partner. The definition of orphan requires that both parents be deceased.
These relatives are members of the family class and subject to the standard sponsorship requirements including the undertaking and the admissibility requirements.
Practical effect
The sponsorship of orphaned relatives under 18 is one of the relatively narrow categories of extended family members who can be sponsored. The requirement that both parents be deceased means that children with one surviving parent are not eligible under this provision — even if that parent is unable or unwilling to care for the child. In such cases, the humanitarian and compassionate grounds under s 25 of IRPA may provide an alternative pathway.