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Family Class
IRPRegs ss. 116-137
http://www.cic.gc.ca/manuals-guides/english/op/op02e.pdf
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):



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
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fiancé(e) (to be dealt with under s. 25(1) H&C)
spouse or common-law partner < 16 years old
sponsor has existing sponsorship undertaking
in respect of a spouse/common-law partner
sponsor is married to, or in common-law
relationship with, someone else
spouse/common-law partner or child who has
custody or is legally “empowered to act on
behalf of” inadmissible dependent child (s.23)
relationships entered into “primarily for
purpose of obtaining permanent residence in
Canada”
Spouse or Common-Law Partner in
Canada Class (ss. 123-129)

permits in-land application for sponsorship as
long as foreign national has temporary resident
status in Canada and undertaking is in effect

dependent of applicant may also acquire
permanent resident status if application by
foreign national includes request for dependent
to remain in Canada as permanent resident,
and dependent is admissible
Sponsorship (ss. 130-137)
Eligible to sponsor:
 ≥18 years old
 Ineligible to sponsor:
 in default of court-ordered spousal or child support
payments, or sponsorship undertaking
 indebted to HMRC (may include deposit, removal
costs, social assistance repayment)
 undischarged bankrupt
 in receipt of social assistance except for reasons of
disability
 does not meet minimum necessary income, unless
sponsoring spouse/common law partner or single,
childless child < 22

is subject to report of inadmissibility,
subject to removal order

detained in jail/prison

convicted in or outside Canada during
previous 5 years of a sexual
offence/offence against the person in
relation to a dependant
Sponsorship application suspended until final
determination of proceedings against sponsor
or co-signer for:
 revocation of citizenship
 report on inadmissibility
 offence punishable by maximum term ≥10
years
Default of undertaking begins when:
 gov’t makes payment that sponsor promised in
undertaking to repay
 obligation in sponsorship undertaking is
breached
Default ends when:
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sponsor reimburses government concerned
sponsor ceases to be in breach
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 regulations

Exemption from requirements for permanent
residence still require applicant to have
arrangements for financial support other than
social assistance and be otherwise admissible

Fiancé(e) must marry within 90 days of arrival
and demonstrate proof of marriage within 180
days

Intended common-law partner must cohabit
and demonstrate within 15 months that they
meet definition of “common-law partner”