Affidavit Of Support And Guarantee Template for Canada

An Affidavit of Support and Guarantee is a sworn legal document that establishes your formal commitment to financially support someone during their immigration process to Canada. This document creates a legally binding undertaking that demonstrates your ability and willingness to provide for the beneficiary's basic needs, ensuring they will not require government assistance during the sponsorship period.

When do you need this document?

You need an Affidavit of Support and Guarantee when sponsoring family members for permanent residence, supporting temporary residents who require financial backing, or participating in certain economic immigration programs. This document is essential for spousal sponsorship applications, parent and grandparent programs, and situations where immigration officials require proof of financial support. The affidavit is also required when co-sponsoring with another person or when previous sponsorship obligations need to be documented. Immigration authorities use this document to assess whether you can fulfill the financial responsibilities of sponsorship without the sponsored person accessing social services.

Key legal considerations

Your affidavit creates binding legal obligations that extend beyond the immigration application process. You become financially responsible for the beneficiary's basic needs, including food, shelter, clothing, and personal requirements for the duration specified in your undertaking. This obligation continues even if your relationship with the sponsored person changes or deteriorates. The document must include accurate financial information, as providing false statements can result in criminal charges and immigration consequences. Your support obligations may be enforced through civil action if you fail to fulfill them, and the government can seek reimbursement for any social assistance provided to the sponsored person during the undertaking period.

Legal requirements in Canada

Under the Immigration and Refugee Protection Act (IRPA) and its regulations, your affidavit must meet specific federal requirements for sponsorship undertakings. The document must be sworn before a Commissioner of Oaths or Notary Public in accordance with provincial legislation governing affidavits. You must demonstrate minimum necessary income levels as specified in the Immigration and Refugee Protection Regulations, and the undertaking period varies depending on the type of sponsorship. Provincial laws may impose additional requirements for the execution and witnessing of affidavits. The Personal Information Protection and Electronic Documents Act (PIPEDA) governs how personal information in the affidavit must be handled and protected throughout the immigration process.