Sponsorship bars and undertakings
Overview
To sponsor a family member to Canada, a Canadian citizen or permanent resident must be an eligible sponsor — meaning they are not subject to any sponsorship bar. Key bars include: being in default of a previous undertaking (the financial support obligation to a sponsored person); being in default on an immigration loan or social assistance; being subject to a removal order; having been convicted of certain offences involving family violence; and being under an order that restricts contact with family members. A sponsor who breaches an undertaking can be barred from sponsoring again until the default is cleared.
When a sponsor signs a sponsorship application, they sign an undertaking — a legally binding promise to financially support the sponsored person and to repay any social assistance they receive from the government during the undertaking period. The undertaking period is 3 years for spouses and common-law partners (from the date the sponsored person becomes a PR), and 10 years for dependent children under 22.
Legal basis
- IRPA s 13 — the right to sponsor family members to come to Canada
- IRPR s 130 — definition of a member of the family class and sponsor eligibility requirements
- IRPR s 132 — the undertaking requirements for family class sponsorship
- IRPR s 133 — bars to sponsorship: default on undertaking, social assistance default, immigration loan default, criminal convictions, removal order, bankruptcy, unresolved sponsorship from previous application
- IRPR s 133(1)(b) — bar for sponsors who are in receipt of social assistance (other than for disability)
- IRPR s 133(1)(k) — bar for sponsors previously sponsored as a spouse/partner within the preceding 5 years
How it works
Who cannot sponsor? — The bars
A person is not eligible to sponsor a family member if any of the following apply:
- Undertaking default: They are in default of a previous undertaking — that is, the government paid social assistance to a person they sponsored and the sponsor has not repaid the amount
- Immigration loan default: They are in default on a loan made under IRPA (e.g., a transportation loan provided to a government-assisted refugee)
- Social assistance: They are currently receiving social assistance other than for disability
- Removal order: They are subject to a removal order that is in force
- Incarcerated: They are currently imprisoned, on parole, or on probation
- Criminal convictions involving family violence: They have been convicted of an offence involving violence, threats, or sexual offences against a family member or person under their authority
- Previously sponsored 5-year bar: They were themselves sponsored as a spouse or common-law partner and became a permanent resident less than 5 years ago
- Unresolved sponsorship: A previous sponsorship application for a spouse or partner is still being processed
The undertaking obligation
An undertaking is a binding obligation the sponsor signs as part of the sponsorship process. The sponsor promises to:
- Provide financial support to the sponsored person for basic needs (food, clothing, shelter, utilities, personal needs)
- Repay to the federal and provincial governments any social assistance paid to the sponsored person during the undertaking period
The undertaking period depends on the relationship:
- Spouse, common-law partner, conjugal partner: 3 years from the date of becoming a permanent resident
- Dependent children under 22: 10 years from the date of becoming a permanent resident, or until the child turns 25 — whichever is sooner
- Dependent children 22 and over: 3 years
- Parents and grandparents: 20 years
- Other relatives: 10 years
The 5-year bar for previously sponsored spouses
A person who was themselves sponsored as a spouse or common-law partner cannot sponsor another spouse or common-law partner until 5 years have elapsed from the date they became a permanent resident. This rule prevents "chain sponsorship" — a pattern where a person is sponsored, and then immediately sponsors another person as a partner. The 5-year bar applies regardless of whether the first relationship ended by separation or divorce.
Consequences of undertaking default
If the provincial government pays social assistance to a person who was sponsored, and the sponsor does not repay the amount, the sponsor is in default of their undertaking. A sponsor in default:
- Cannot sponsor any other family members until the default is cleared
- May be sued by the government for the amount owed
The undertaking obligation runs even if the relationship breaks down. A sponsor cannot escape the undertaking by separating from the sponsored spouse during the undertaking period.