Sponsoring Relatives other than Spouses, Parents, and Children

Canadian immigration legislation provides that a Canadian citizen or permanent resident may sponsor their spouse, common-law partner, child, parents or grand-parents to immigrate to Canada.  It also provides that in certain circumstances a Canadian may sponsor another relative.

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.

The following are key things to know about sponsoring relatives other than spouses, common-law partners, children, parents or grand-parents.

1. The Canadian sponsor must not have a spouse, common-law partner, child, parent or grand-parent that is either a Canadian citizen or one that they can sponsor. 

Indeed, when assessing such applications, Immigration, Refugees and Citizenship Canada (“IRCC”) will often ask applicants to provide detailed family trees listing all family members and to provide evidence as to whether a person’s parents and grandparents are deceased.

2. It does not matter if the Canadian sponsor is not close to, or estranged from, his or her parents. 

In Bousaleh v. Canada (Citizenship and Immigration), Justice Fothergill stated that although the results may seem unfair, it does not matter if a potential Canadian sponsor is estranged from his or her parents. The fact that they can legally be sponsored means that the Canadian cannot sponsor another relative instead.

3. There is uncertainty in the law as to whether a sponsor’s parents or grand-parents have to be deceased, or simply likely inadmissible to Canada. 

Traditionally, most people have interpreted Canadian immigration law as requiring 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) ruled that this is too restrictive.  The Federal Court 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.”  The Court went on to state:

In the present case, the Immigration Appeal Division held that the Applicant’s application was rejected simply because her parents were alive. The Immigration Appeal Division 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.

In Bousaleh, Justice Fothergill certified the following question of general importance:

Does determination of a person’s eligibility to sponsor a relative under s 117(1)(h) of the Immigration and Refugee Protection Regulations, SOR/2002-227 require consideration of whether an application to sponsor a person enumerated in s 117(1)(h) has a reasonable prospect of success?

 


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)

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