Welcome to your newest ICCRC Exam Prep lesson on the ‘Lonely’ Family Member Sponsorship Program!

Estimated study time: 3 hours

Important links

Sponsorship of adopted children and other relatives — The sponsor’s guide (IMM 5196)

http://www.cic.gc.ca/english/information/applications/guides/5196ETOC.asp

IRCC Help Centre

http://www.cic.gc.ca/english/helpcentre/questions-answers-by-topic.asp?top=2

Determine your eligibility – Sponsor your eligible relatives

http://www.cic.gc.ca/english/immigrate/sponsor/relatives-apply-who.asp

IRCC Glossary

http://www.cic.gc.ca/english/helpcentre/glossary.asp

OP 2 Section 5.24

http://www.cic.gc.ca/english/resources/manuals/op/op02-eng.pdf

IP 2 Section

http://www.cic.gc.ca/english/resources/manuals/ip/ip02-eng.pdf

IRPA/R R4 R117(1)(h) R130 R133

 

Court cases

In this decision, the fact that a person cannot sponsor someone under R117(1)(h) when they have a family member who could otherwise be sponsored is made clear, regardless of whether or not those people are admissible. https://decisions.fct-cf.gc.ca/fc-cf/decisions/en/item/142659/index.do

Can a person sponsor someone under R117(1)(h) if he has a mother who is alive but medically inadmissible? Here is a decision that clarified why the answer is ‘No.’  https://decisions.fct-cf.gc.ca/fc-cf/decisions/en/item/233150/index.do?r=AAAAAQAwQm91c2FsZWggdi4gQ2FuYWRhIChDaXRpemVuc2hpcCBhbmQgSW1taWdyYXRpb24pAQ

Even though R117(1)(h) allows a person to sponsor a family member they would not normally be able to sponsor, they still must demonstrate a genuine relationship, regardless of whether or not the sponsor qualifies to sponsor someone under this stream of the Family Class. Here is a case demonstrating this exact situation: https://decisions.fct-cf.gc.ca/fc-cf/decisions/en/item/58846/index.do?r=AAAAAQAJMTE3KDEpKGgpAQ

If a person wants to sponsor a mother who doesn’t qualify for immigration as a parent, could the sponsor instead sponsor her mother under R117(1)(h)? The answer is ‘No,’ but here is a decision that analyses this question: https://decisions.fct-cf.gc.ca/fc-cf/decisions/en/item/64579/index.do?r=AAAAAQAJMTE3KDEpKGgpAQ