Family ClassFamily ClassIRPRegs ss. 116-137IRPRegs ss. 116-137http://www.cic.gc.ca/manuals-guides/english/op/op02e.pdfhttp://www.cic.gc.ca/manuals-guides/english/op/op02e.pdfIncluded Relationships (s1(1), 1(2), 1(3) 116)Included Relationships (s1(1), 1(2), 1(3) 116) Spouse, common law partner, or conjugal partner Dependent Child (biological, adopted, step-child)

• < 22 and single, or • full-time student, or physically/mentally unable to be

financially self-supporting• common law partner (individual cohabiting in conjugal

relationship for ≥ 1 year, unless cohabitation not possible due to persecution/any form of penal control)

Mother or father Grandmother or grandfather

Excluded relationships (s. 125): Excluded relationships (s. 125): fiancé(e) (to be dealt with under s. 25(1) H&C)fiancé(e) (to be dealt with under s. 25(1) H&C) spouse or common-law partner < 16 years oldspouse or common-law partner < 16 years old sponsor has existing sponsorship undertaking in sponsor has existing sponsorship undertaking in

respect of a spouse/common-law partnerrespect of a spouse/common-law partner sponsor is married to, or in common-law sponsor is married to, or in common-law

relationship with, someone elserelationship with, someone else spouse/common-law partner or child who has spouse/common-law partner or child who has

custody or is legally “empowered to act on custody or is legally “empowered to act on behalf of” inadmissible dependent child (s.23) behalf of” inadmissible dependent child (s.23)

relationships entered into “primarily for purpose relationships entered into “primarily for purpose of obtaining permanent residence in Canada”of obtaining permanent residence in Canada”

Spouse or Common-Law Partner in Spouse or Common-Law Partner in Canada Class (ss. 123-129)Canada Class (ss. 123-129)

permits in-land application for sponsorship as long permits in-land application for sponsorship as long as foreign national has temporary resident status in as foreign national has temporary resident status in Canada and undertaking is in effectCanada and undertaking is in effect

dependent of applicant may also acquire dependent of applicant may also acquire permanent resident status if application by foreign permanent resident status if application by foreign national includes request for dependent to remain national includes request for dependent to remain in Canada as permanent resident, and dependent is in Canada as permanent resident, and dependent is admissibleadmissible

Sponsorship (ss. 130-137)Sponsorship (ss. 130-137)Eligible to sponsor:Eligible to sponsor: ≥≥18 years old18 years old Ineligible to sponsor:Ineligible to sponsor: in default of court-ordered spousal or child support in default of court-ordered spousal or child support

payments, or sponsorship undertakingpayments, or sponsorship undertaking indebted to HMRC (may include deposit, removal costs, indebted to HMRC (may include deposit, removal costs,

social assistance repayment)social assistance repayment) undischarged bankruptundischarged bankrupt in receipt of social assistance except for reasons of in receipt of social assistance except for reasons of

disabilitydisability does not meet minimum necessary income, unless does not meet minimum necessary income, unless

sponsoring spouse/common law partner or single, sponsoring spouse/common law partner or single, childless child < 22childless child < 22

is subject to report of inadmissibility, is subject to report of inadmissibility, subject to removal order subject to removal order

detained in jail/prisondetained in jail/prison

convicted in or outside Canada during convicted in or outside Canada during previous 5 years of a sexual previous 5 years of a sexual offence/offence against the person in offence/offence against the person in relation to a dependantrelation to a dependant

Sponsorship application suspended until final Sponsorship application suspended until final determination of proceedings against sponsor determination of proceedings against sponsor or co-signer for:or co-signer for:

revocation of citizenshiprevocation of citizenship report on inadmissibilityreport on inadmissibility offence punishable by maximum term ≥10 offence punishable by maximum term ≥10

years years

Default of undertaking begins when:Default of undertaking begins when: gov’t makes payment that sponsor promised in gov’t makes payment that sponsor promised in

undertaking to repayundertaking to repay obligation in sponsorship undertaking is obligation in sponsorship undertaking is

breachedbreached

Default ends when:Default ends when:

sponsor reimburses government concerned sponsor ceases to be in breach

Time limits for sponsorship Time limits for sponsorship (s. 132):Acquisition of temp. resident permit or

permanent residence + Spouse: 3 years Dependent child < 22: 10 years or until child

reaches 25, whichever comes first Dependent child > 22: 3 years Other: 10 years

H&C in first draft of regulationsH&C in first draft of regulations Exemption from requirements for permanent Exemption from requirements for permanent

residence still require applicant to have residence still require applicant to have arrangements for financial support other than arrangements for financial support other than social assistance and be otherwise admissiblesocial assistance and be otherwise admissible

Fiancé(e) must marry within 90 days of arrival Fiancé(e) must marry within 90 days of arrival and demonstrate proof of marriage within 180 and demonstrate proof of marriage within 180 daysdays

Intended common-law partner must cohabit Intended common-law partner must cohabit and demonstrate within 15 months that they and demonstrate within 15 months that they meet definition of “common-law partner”meet definition of “common-law partner”