Spousal Sponsorship and Social Assistance

Meurrens LawFamily Class (Spousal Sponsorships, Parents & Grandparents)

Section 133 of Canada’s Immigration and Refugee Protection Regulations (the “Regulations“) prohibits a Canadian citizen or permanent resident from sponsoring a foreign family member (generally a spouse, common-law partner, parent or grandparent) if the Canadian is in receipt of social assistance for a reason other than a disability.  The Regulations define social assistance as being any benefit, whether money, goods or services, provided to or on behalf of a person by a province under a program of social assistance. It includes assistance for food, shelter, clothing, fuel, utilities, household supplies, personal requirements and health care not provided by public health care. Pursuant to the internal Immigration Refugees and Citizenship Canada (“IRCC“) e-mails below,  it is important to note that IRCC does not consider subsidized housing to be social assistance. Section 133(1)(k) of the Regulations explicitly provides that a person can still sponsor a foreign family member to immigrate to Canada if the sponsor receives the social assistance because of a disability. Previous Receipt of Social Assistance Depending on the circumstances, the previous receipt of social assistance can render a sponsor ineligible.  Section 133(1)(b) of the Regulations provides that a sponsor must intend to fulfil the obligations in the sponsorship undertaking.  In Alriyati … Read More