IRCC Concerns About Bankruptcy and Sponsor Eligibility

Immigration, Refugees and Citizenship Canada (IRCC) may find a person ineligible to sponsor a spouse or partner if they have declared bankruptcy and have not yet been discharged.

Under paragraph 133(1)(i) of the Immigration and Refugee Protection Regulations (IRPR), a sponsorship application may only be approved if the sponsor is not an undischarged bankrupt under the Bankruptcy and Insolvency Act. This requirement applies from the date the sponsorship application is filed until a decision is made. 

Being bankrupt does not necessarily create a permanent bar to sponsorship. The key issue is whether the sponsor has been discharged from bankruptcy. IRCC’s current eligibility guidance states that a person may not be eligible to sponsor a spouse, partner, or child if they declared bankruptcy and have not yet been discharged.

If bankruptcy is relevant to the application, IRCC may request documents confirming the sponsor’s bankruptcy status or discharge. Sponsors should therefore review their status before submitting a spousal sponsorship application and keep documentation showing when the bankruptcy was discharged.

Frequently Asked Questions

1. Can I sponsor my spouse while I am bankrupt?

If you are an undischarged bankrupt, you may not be eligible to sponsor a spouse or partner under the federal sponsorship rules.

2. Can I sponsor after I have been discharged from bankruptcy?

A bankruptcy discharge can remove this sponsorship restriction. Other sponsorship eligibility requirements must still be met.

3. What does “undischarged bankrupt” mean?

It generally means that a person has declared bankruptcy but has not yet received a discharge releasing them from the bankruptcy process.

4. Can IRCC ask for proof that my bankruptcy has been discharged?

Yes. If bankruptcy affects the sponsor’s eligibility, IRCC may require documentation confirming the current status or date of discharge.

To discuss more about financial and sponsor eligibility requirements in a Canadian spousal sponsorship application, book your appointment with a Canadian immigration lawyer.

Disclaimer: This article is provided for general informational purposes only and does not constitute legal advice.