- Sid Rahman
- 2024/09/17
If you are dealing with family class applications, this article might be handy to prepare your legal arguments on the Submission letter.
Here I have tried to put all the possible provisions related to family class (sponsorship) applications found in the Immigration and Refugee Protection Act (IRPA) and the Immigration and Refugee Protection Regulations (IRPR). The below sources are taken from www.canada.ca. Please check the latest rules, acts and regulations before you act upon as rules, acts and regulations are always changable for greater cause.
Provision | Location |
---|---|
Sponsor does not meet requirements | A11(2) |
Selection of members of family class | A12(1) |
Right to sponsor a family member | A13(1) |
Right to appeal family class refusal | A63(1) |
Definition of common-law partner | R1(1) |
Definition of family member | R1(3) |
Definition of foreign national | A2(1) |
Definition of dependent child | R2 |
Definition of minimum necessary income | R2 |
Definition of social assistance | R2 |
Bad faith, new relationship (relationship of convenience, dissolutions of convenience) | R4 and R4.1 |
Requirements of applications | R10 |
Sponsorship application | R10(4) |
Multiple applications | R10(5) |
Invalid sponsorship application | R10(6) |
Submission of an application not made by electronic means | R11 |
Return of an application | R12 |
Definition of a member of the family class | R117(1) |
Withdrawal of sponsorship application | R119 |
Approved sponsorship application | R120 |
Members of the Spouse or Common-law Partner in Canada (SCLPC) | R124 |
Exclusions from the SCLPC class | R125(1) |
Withdrawal of SCLPC sponsorship | R126 |
Approved SCLPC sponsorship application | R127 |
Who may sponsor | R130(1) |
Canadian citizen residing abroad who can sponsor | R130(2) |
Undertaking | R131 and R132 |
Duration of undertaking | R132(1) |
Duration of undertaking – Quebec sponsors | R132(2) and (3) |
Sponsorship Agreement | R132(4) |
Who can co-sign an undertaking | R132(5) |
Sponsorship criteria and bars | R133 |
Income calculation rules | R134 |
Default of a sponsorship undertaking | R135 |
Suspension of a sponsorship application | R136 |
Undertaking, Province of Quebec | R137 |
Collection and disclosure of a sponsor’s/co-signer’s personal information | R137.1 |
Provision | Location |
---|---|
A spouse, common-law partner or conjugal partner under 18 years of age | R5 R117(9)(a) R125(1)(a) |
A spouse, common-law partner or conjugal partner, if the sponsor previously submitted an undertaking for a spouse, common-law partner or conjugal partner, and at least three years have not passed since that person became a permanent resident. | R117(9)(b) R125(1)(b) R132(1) |
A spouse, common-law partner or conjugal partner, if the sponsor is already married or in a common-law relationship (bigamous or polygamous relationship). | R117(9)(c) R125(1)(c) |
A separated or former spouse or common-law partner or other non-accompanying family members who were not examined at the time of the sponsor’s application for permanent residence. For more information on excluded relationships, see Family class: Excluded relationships. |
R117(9)(d) R117(10) R117(11) R125(1)(d) R125(2) R125(3) R4.1, R4, R5(b)(ii) |
Other helpful and relavent articles:
Who can you sponsor under family Class ?
Can a permanent resident (PR) apply for the spouse /common-Law under family class sponsorship from outside of Canada? Can a PR remain outside of Canada during the application is in progress? YES / NO
Disclaimer: The above writing is not intended to be a source of legal advice. Please seek legal advice and use your own good judgement before choosing to act on any information provided above. If you choose to rely on this article, you do so entirely at your own accountability.