The Parent & Grandparent Sponsorship Program

24th Oct 2015 Comments Off on The Parent & Grandparent Sponsorship Program

With the incoming Liberal government of Canada promising to double the number of applications in the Parent & Grandparent Sponsorship Program (the “PGSP“) there will likely be renewed interest in the program.

Under the PGSP, Canadian citizens and permanent residents can sponsor their foreign national parents and grandparents.  Sponsors must sign an undertaking with the Minister of Citizenship and Immigration (“CIC“) or with the Ministère de l’Immigration, de la Diversité et de l’Inclusion for those in Quebec.  The undertaking ensures that the sponsored individuals and their family members do not have to apply for social assistance. The length of undertaking in the PGSP is 20 years.

As per the CIC website, sponsors must:

  • be 18 years of age or older;
  • be a Canadian citizen, Registered Indian or permanent resident;
  • be sponsoring their parents or grandparents;
  • live in Canada;
  • sign an undertaking promising to provide for the basic requirements of the person being sponsored;
  • sign an agreement with the person theyare sponsoring; and
  • prove that they have sufficient income.  Co-signers are permissible.

In 2015, the minimum income requirements were.

Federal Income Table for Parents and Grandparents Sponsorship

Size of Family Unit
Minimum Income
2013
Minimum Income
2012
Minimum Income
2011

2 persons
$37,708
$36,637
 $35,976

3 persons
$46,354
$45,040
 $44,229

4 persons
$56,280
$54,685
 $53,699

5 persons
$63,833
$62,023
 $60,905

6 persons
$71,991
$69,950
 $68,689

7 persons
$80,153
$77,879
 $76,475

If more than 7 persons, for each additional person, add
$8,148
$7,929
 $ 7,786

Excluded from these amounts include, amongst other things, any amounts paid to the sponsor under the Employment Insurance Act, other than special benefits.

A Canadian citizen or permanent resident cannot be a sponsor if they:

  • are in receipt of social assistance for a reason other than disability;

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Spousal Sponsorship and Social Assistance

26th Jun 2010 Comments Off on Spousal Sponsorship and Social Assistance

Last updated on April 28th, 2020

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-mail 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 v. Canada (Immigration, Refugees and Citizenship), 2020 FC 496, Justice Pentney determined that it was reasonable for a visa officer to determine that because someone had been on social assistance for a lengthy period, and only stopped receiving social assistance shortly before submitting a spousal sponsorship application, that the person did not have an intention to fulfil the obligations in the sponsorship undertaking.  Justice Pentney noted:

There is no jurisprudence of this Court on the interpretation of intention under paragraph 133(1)(b).

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