Immigration and Refugee Protection Regulations (SOR/2002-227)

Marginal note:Withdrawal of sponsorship application

126. A decision shall not be made on an application for permanent residence by a foreign national as a member of the spouse or common-law partner in Canada class if the sponsor withdraws their sponsorship application in respect of that foreign national.

Marginal note:Approved sponsorship application

127. For the purposes of Part 5, a foreign national who makes an application as a member of the spouse or common-law partner in Canada class and their accompanying family members shall not become a permanent resident unless a sponsorship undertaking in respect of the foreign national and those family members is in effect and the sponsor who gave that undertaking still meets the requirements of section 133 and, if applicable, section 137.

Marginal note:Requirement

128. The requirements with respect to a person who is a family member of a member of the spouse or common-law partner in Canada class who makes an application under Division 6 of Part 5 are the following:

• (a) the person is a family member of the applicant both at the time the application is made and, without taking into account whether the person has attained 22 years of age, at the time of the determination of the application; and

• (b) at the time it is made, the application includes a request for the family member to remain in Canada as a permanent resident.

Marginal note:Requirements for accompanying family members

129. A foreign national who is an accompanying family member of a person who makes an application as a member of the spouse or common-law partner in Canada class shall become a permanent resident if, following an examination, it is established that

• (a) the person who made the application has become a permanent resident; and

• (b) the family member is not inadmissible.

Marginal note:Sponsor

• 130. (1) Subject to subsections (2) and (3), a sponsor, for the purpose of sponsoring a foreign national who makes an application for a permanent resident visa as a member of the family class or an application to remain in Canada as a member of the spouse or common-law partner in Canada class under subsection 13(1) of the Act, must be a Canadian citizen or permanent resident who

  • (a) is at least 18 years of age;

  • (b) resides in Canada; and

  • (c) has filed a sponsorship application in respect of a member of the family class or the spouse or common-law partner in Canada class in accordance with section 10.

• Marginal note:Sponsor not residing in Canada

  (2) A sponsor who is a Canadian citizen and does not reside in Canada may sponsor a foreign national who makes an application referred to in subsection (1) and is the sponsor’s spouse, common-law partner, conjugal partner or dependent child who has no dependent children, if the sponsor will reside in Canada when the foreign national becomes a permanent resident.

• Marginal note:Five-year requirement

  (3) A sponsor who became a permanent resident after being sponsored as a spouse, common-law partner or conjugal partner under subsection 13(1) of the Act may not sponsor a foreign national referred to in subsection (1) as a spouse, common-law partner or conjugal partner, unless the sponsor

  • (a) has been a permanent resident for a period of at least five years immediately preceding the day on which a sponsorship application referred to in paragraph 130(1)(c) is filed by the sponsor in respect of the foreign national; or

  • (b) has become a Canadian citizen during the period of five years immediately preceding the day referred to in paragraph (a) and had been a permanent resident from at least the beginning of that period until the day on which the sponsor became a Canadian citizen.