What is a Affidavit For Sponsorship?
The Affidavit for Sponsorship is a fundamental document in Canadian immigration procedures, required when a Canadian citizen or permanent resident wishes to sponsor a family member or eligible individual for permanent residence in Canada. This sworn statement is mandated by Immigration, Refugees and Citizenship Canada (IRCC) and must be executed in accordance with federal and provincial legal requirements. The affidavit serves as a formal declaration of the sponsor's commitment and eligibility, including financial obligations, relationship authenticity, and understanding of responsibilities. It must detail the sponsor's personal information, relationship to the sponsored person, financial capacity, and any previous sponsorship undertakings. The document plays a crucial role in family class immigration applications and must be properly notarized to be legally valid.
About the Affidavit For Sponsorship
When sponsoring a family member for Canadian permanent residence, you must provide sworn evidence of your eligibility and commitment through a legally binding affidavit. This document serves as your formal declaration to Immigration, Refugees and Citizenship Canada (IRCC) that you meet all sponsorship requirements and understand your legal obligations under federal immigration law.
When do you need this document?
You need an Affidavit for Sponsorship when applying to sponsor your spouse, common-law partner, dependent children, parents, grandparents, or other eligible relatives for Canadian permanent residence. This requirement applies to all family class immigration applications where you, as a Canadian citizen or permanent resident, are undertaking financial responsibility for another person. The affidavit is also required when renewing or updating existing sponsorship commitments, when IRCC requests additional evidence of your sponsorship eligibility, or when replacing a previously submitted affidavit that contained errors or omissions.
Key legal considerations
Your affidavit creates legally binding obligations that extend for specific periods depending on the relationship to the sponsored person. For spouses and partners, your undertaking lasts three years from the date they become permanent residents, while for dependent children it continues until they reach 22 years of age or for 10 years, whichever comes first. You must demonstrate that your income meets the minimum necessary income requirements and that you are not in default of any previous sponsorship undertakings. The document must include accurate financial information, as providing false statements constitutes fraud under the Immigration and Refugee Protection Act and can result in criminal charges. You should also be aware that sponsorship obligations continue even if your relationship with the sponsored person changes, including separation or divorce.
Legal requirements in Canada
Under the Immigration and Refugee Protection Act and its regulations, your affidavit must be commissioned by a qualified official such as a notary public, commissioner for taking affidavits, or lawyer authorized to administer oaths in your province or territory. The document must contain specific declarations about your citizenship or permanent resident status, current address, relationship to the sponsored person, and understanding of your financial obligations. You must also disclose any previous sponsorship undertakings and confirm that you are not receiving social assistance for reasons other than disability. Provincial evidence acts govern the formal requirements for oath administration, requiring the commissioner to verify your identity and witness your signature. The completed affidavit must be submitted as part of your complete sponsorship application package to IRCC within the specified timeframes for your particular sponsorship category.
Governing law
Applicable law
This Affidavit For Sponsorship is drafted to comply with Canada law. Key legislation includes:
Immigration and Refugee Protection Regulations (IRPR): Detailed regulations that specify sponsorship eligibility criteria, financial requirements, and undertaking obligations
Canada Evidence Act: Federal legislation governing the administration of oaths and affidavits, relevant for the formal requirements of the affidavit
Citizenship Act: Legislation defining who can be a Canadian citizen, relevant for establishing the sponsor's eligibility to sponsor
Provincial Family Law Act: Provincial legislation that may be relevant to sponsorship obligations, particularly in cases involving family class sponsorship
Criminal Code of Canada: Relevant for understanding the implications of making false statements in an affidavit and potential consequences of sponsorship breach
