Regulation 140 — Bars on sponsoring
Text of provision
Family members of an applicant who is determined to be a member of a class under this Division are members of the applicant’s class.
Plain English
Regulation 140 prohibits sponsorship where the sponsor: is in default on a previous undertaking; is currently receiving social assistance for reasons other than disability; is subject to a removal order; is detained in a penitentiary, jail, reformatory, or prison; has been convicted of certain offences (particularly those involving family violence or sexual offences); or was previously sponsored as a spouse and fewer than five years have elapsed since they became a permanent resident.
Practical effect
The bars on sponsoring under r 140 protect the integrity of the sponsorship system. The criminal record bar — particularly for family violence convictions — reflects the policy concern that persons who have committed violence should not be given authority over another person's immigration status. Sponsors who are in default on previous undertakings must repay the debt before they can sponsor again. The five-year bar on sponsoring a new spouse after being sponsored as a spouse oneself is designed to prevent sequential sponsorship chains.