Responsibilities for Sponsor and Applicant
For all sponsorship applications, sponsors must:
- Ensure that they meet sponsorship criteria and eligibility requirements and are sponsoring a relative that is a member of the spouse or common-law partner in Canada class,
- Complete the undertaking and the sponsorship agreement,
- Respond to the self-declaration schedules related to sponsorship eligibility and their relationship with sponsored persons, including the length of the relationship,
- Include bank or HPM receipt for payment of all applicable fees
- State whether application should be discontinued if sponsorship requirements are not met,
- Submit correctly completed and signed sponsorship and permanent residence application forms, with all required schedules and all required supporting documents to the CPC-V.
Roles and responsibilities of the CPC-V
The CPC-V will:
- Review both the sponsorship and permanent residence applications to ensure that they are correctly completed and signed and contain the minimum requirements stipulated in the Regulations,
- Ensures that the application includes proof of payment of applicable fees at a Canadian bank. Fees include:
- sponsorship processing fee (non-refundable);
- application processing fee for each person included in the application (refundable in certain circumstances); and
- Right of Permanent Residence Fee (RPRF) (may be deferred, or is refundable if permanent residence not received).
- Processes the sponsorship application and assesses sponsors against sponsorship criteria and eligibility requirements including reviewing the application against the spousal policy criteria as needed,
- Processes the application for permanent residence and assesses the applicant against eligibility requirements, including reviewing the application against the spousal policy criteria as needed;
- Refuse the application or grants “approval in principle” based on sponsorship eligibility requirements,
- Requests admissibility assessment for family members residing overseas from appropriate visa office, providing visa office with a copy of the application listing the names and addresses of these individuals,
- Initiate request for background/security checks for applicant and in-Canada dependent children through an electronic download of required information with appropriate policing authority,
- Refer to local CIC any cases requiring in depth investigation,
- Completes admissibility checks (i.e. medical, security and background) and updates electronic record in FOSS. Once these updates are completed in FOSS, the local CIC will contact the applicant for a permanent residence interview and complete the permanent residence process.
Assessing Relationship Types
Relationship | Evidence: | |
Spouse | Documentary evidence can include: | |
• | a marriage certificate; | |
• proof of divorce if either the applicant or spouse was previously married; | ||
and | ||
• evidence that the applicant lives with the sponsor, e.g., mortgage, lease, | ||
other documents showing the same address for both. | ||
Evidence may also include: | ||
• wedding invitations and photos; and | ||
• documents from other institutions or other government authorities, such as | ||
the Canada Revenue Agency, indicating a marital relationship. | ||
Common-law | In the case of a common-law partner, documentary evidence should include: | |
partner | • a statutory declaration of common-law relationship (included in the | |
application package); | ||
• proof of separation from a former spouse if either the sponsor or the | ||
applicant were previously married; and | ||
• evidence that they have been living together for at least one year (e.g. | ||
documents showing the same address for both). | ||
Evidence may also include: | ||
• documents from other institutions or other government authorities, such as | ||
the Canada Revenue Agency, indicating a marital or common-law | ||
relationship; | ||
• documents indicating joint ownership of property (mortgages, leases); | ||
• joint bank accounts; and | ||
• | insurance policies. | |
Cohabitation | One of the eligibility criteria in R124 is cohabitation with the sponsor in Canada. | |
Documents provided as proof of the relationship should also establish that the | ||
spouse or common-law partner and the sponsor are living together. If this is not | ||
clear from the evidence available, the CPC-V should request further documents | ||
or refer to a CIC for an interview (see sample letter in Appendix F – Invitation to | ||
Examination Interview). | ||
Persons who are not cohabiting with their sponsor at the time CIC seeks to | ||
grant permanent residence (persons who have been removed or who have left | ||
Canada voluntarily), are not eligible to be granted permanent residence in the | ||
Spouse or common-law partner class and may apply in the family class | ||
(overseas). |
Contact Akrami & Associates Immigration Law firm
For further information with respect to your Canadian immigration, we invite you to contact our experienced immigration representatives.
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