Sponsoring Relatives other than Spouses, Parents, and Children

Section 117(1)(h) of the Immigration and Refugee Protection Regulations (“IRPR“) provides that:

A foreign national is a member of the family class if, with respect to a sponsor, the foreign national is

a relative of the sponsor, regardless of age, if the sponsor does not have a spouse, a common-law partner, a conjugal partner, a child, a mother or father, a relative who is a child of that mother or father, a relative who is a child of a child of that mother or father, a mother or father of that mother or father or a relative who is a child of the mother or father of that mother or father

(i) who is a Canadian citizen, Indian or permanent resident, or

(ii) whose application to enter and remain in Canada as a permanent resident the sponsor may otherwise sponsor.

Traditionally, IRPR 117(1)(h) has been interpreted as stating that a Canadian may sponsor a relative only if they do not have any living spouses, children, or parents who they can sponsor.  However, the Federal Court in Sendwa v. Canada (Citizenship and Immigration) has ruled that this is too restrictive.  It has found that the stated that the purpose and intent of paragraph 117(1)(h) of the IRPR is “to favour persons who do not have relations in Canada and have no possibility to sponsor any relations under other provisions.”  It went on to state:

In the present case, the IAD held that the Applicant’s application was rejected simply because her parents were alive. The IAD did not consider whether the Applicant would (even) be eligible (or in position) to sponsor her parents. As a result, the IAD’s decision is unreasonable.

As such, admissibility and eligibility considerations are now a factor in determining eligibility for IRPR 117(1)(h) applications.


One thought on “Sponsoring Relatives other than Spouses, Parents, and Children

  1. Yes.The Federal Court is absolutely right.This means if anyone of the family class is PR/Citizen in or outside Canada, you cannot sponsor the remaining persons.In other words, you can sponsor only once. There is no priority defined for sponsoring any of the listed family members /relative first nor there is such condition laid down in Rules.
    CIC should simply lay down as under once for all:
    A foreign national falling under Family Class under Section 117(1) can be sponsored by Canadian PR/Citizen provided none of the listed persons under this section is already a Canadian PR/Citizen.
    (The question of any relative being alive or dead will not arise in such circumstances)

Leave a Reply

Your email address will not be published. Required fields are marked *