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.

Assessing Relationship Types

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, or other documents showing the same address for both.

Evidence may also include the following:

  • 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 partner

In the case of a common-law partner, documentary evidence should include the following:

  • 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 the following:

  • 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 a 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).

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
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