In Canada’s immigration process, sponsoring family members for permanent residency is a valuable opportunity to reunite families. However, specific regulations define who is eligible to become a sponsor. These restrictions, known as sponsorship bars, ensure sponsors meet particular financial, legal, and moral standards. Below, we outline key sponsorship bars for family class applications, their conditions, and their implications for potential sponsors.

What are Sponsorship Bars?

Sponsorship bars are conditions that may disqualify an individual from sponsoring a family member for Canadian permanent residency. These bars are set by the Immigration, Refugees and Citizenship Canada (IRCC) to uphold the integrity of the sponsorship process. They apply to potential sponsors with specific legal or financial constraints and ensure that only those capable of financially and morally supporting family members are approved.

Key Sponsorship Bars for Family Class Applications

1. Five-Year Sponsorship Bar [R130(3)]

• If a sponsor obtained permanent residency or citizenship through a previous sponsorship as a spouse, common-law partner, or conjugal partner, they cannot sponsor a new spouse or partner for five years from the date they became a permanent resident.
• This rule aims to prevent “serial sponsorships” and potential misuse of the family reunification program.

2. Not Recognized as a Family Class Sponsor [R133(1)(a)]

• This bar applies to individuals under 18, those who do not reside in Canada, or those who have not submitted a sponsorship application in line with regulatory standards.
• Notably, Canadian citizens residing abroad may sponsor spouses or children as long as they intend to reside in Canada once the sponsored family members gain permanent residency.

3. Removal Order [R133(1)(c)]

• Permanent residents facing a removal order, including stayed orders, departure orders, and deportation orders, cannot sponsor family members.
• Exception: Individuals whose removal orders were nullified upon gaining permanent residency.

4. Detained Individuals [R133(1)(d)]

• Sponsors detained in any correctional facility, including prisons and reformatories, are barred from sponsorship.
• However, those on parole, probation, or serving a suspended sentence may still be eligible to sponsor.

Criminal Convictions and Sponsorship Restrictions

5. Conviction of Specific Offences [R133(1)(e)]

• Convictions for particular offences disqualify individuals from sponsorship. These offences include:
  • Sexual Offences or attempts against any person.
  • Violent Crimes punishable by up to 10 years of imprisonment.
  • Family Violence Offences, targeting family members, relatives, conjugal partners, or individuals under the sponsor’s care.
• Convictions outside Canada that, if committed in Canada, would align with these offences, also lead to disqualification. Exceptions apply if the individual has been pardoned, acquitted, or demonstrates rehabilitation five years post-sentence.

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Financial Obligations and Sponsorship Eligibility

6. Default on Family Class Sponsorship [R133(1)(g)(i)]

• Sponsors who previously supported family members who later relied on social assistance are disqualified until they repay any related debts to provincial or territorial authorities.
• In Quebec, similar standards apply under provincial jurisdiction.

7. Default on Court-Ordered Support Payments [R133(1)(g)(ii)]

• Sponsors failing to meet court-ordered spousal or child support obligations, either in Canada or abroad, are ineligible.
• Eligibility can be reinstated if the sponsor resolves outstanding payments or establishes a court-approved repayment plan.

8. Outstanding Immigration Debts [R133(1)(h)]

• Sponsors owing debts under the Immigration and Refugee Protection Act (IRPA), including loans for admissibility, transportation, or permanent residency fees, cannot sponsor until these debts are settled.

9. Undischarged Bankrupts [R133(1)(i)]

• Individuals undergoing bankruptcy proceedings without an official discharge are restricted from sponsorship.
• Exceptions include conditional or suspended discharges; sponsors must be fully discharged to qualify. Bankruptcy discharge also negates any previous sponsorship debt.

Income Requirements and Social Assistance

10. Income Requirements [R133(1)(j)]

• Sponsors must demonstrate they meet the minimum income requirements to support themselves and the individuals they plan to sponsor. Failure to meet this threshold disqualifies sponsors.

11. Social Assistance Recipients [R133(1)(k)]

• Those receiving social assistance (excluding disability assistance) are ineligible to sponsor family members, as their financial dependency indicates an inability to support others.

Special Conditions for Family Violence Offences

The IRCC takes family violence offences seriously. Family violence encompasses a broad range of abusive behaviors, even if not explicitly termed as “family violence” in the Criminal Code. Sponsors convicted of offences involving family violence—whether against current or former family members, conjugal partners, or children—face disqualification under several subsections of R133(1)(e). Violent offences can encompass physical harm, threats, and attempts and apply even if the family relationship has since ended.

For example, individuals convicted of violent crimes targeting an ex-spouse’s child remain barred from sponsorship, reflecting Canada’s strict stance against family violence.

Exceptions and Special Considerations

Several exceptions and provisions within these bars provide pathways for individuals to regain eligibility:

• Pardons and Acquittals: Individuals with pardons or final acquittals for previous convictions may be eligible to sponsor once five years have passed post-sentence completion.
• Probation and Suspended Sentences: Sponsors on probation or serving suspended sentences may still apply under specific conditions.
• Quebec’s Separate Rules: Sponsors in Quebec are exempt from certain IRPA restrictions, but the province enforces comparable rules.

Conclusion

Understanding the sponsorship bars for family class applications is crucial for Canadian citizens and permanent residents aiming to sponsor relatives. IRCC’s regulations ensure sponsors meet financial, legal, and ethical standards, helping to foster a supportive environment for new immigrants. By adhering to these guidelines and addressing any potential sponsorship bars proactively, sponsors can enhance their eligibility and contribute positively to Canada’s immigration landscape.