As part of the sponsorship, the Canadian sponsor is required to sign the undertaking. Subject to the applicable financial conditions, the signed undertaking is primarily a formal contract between the government and the permanent resident or Canadian citizen to allow one or more family members to come to Canada.
The sponsor residing in Quebec is subject to the financial conditions set by the province, while for the sponsor residing elsewhere in Canada, the conditions are set by the federal government.
Obligations of the undertaking
Under the signed undertaking, the resident or Canadian citizen undertakes to assist the beneficiary of the undertaking (the foreigner) to integrate into society by providing board and lodging, as required.
In addition, he is required to reimburse any provincial government amounts received as a last resort aid by the family members receiving the benefit. The respondent signs a contract with the government in which he undertakes to provide financial support for the sponsored person for a period of three (3), five (5), ten (10) or even twenty (20) years. This contract is valid everywhere in Canada. Except in case of marriage annulment, the undertaking remains valid despite legal separation or divorce.
Cancellation of the commitment in Quebec
An undertaking lapse if the foreign national in favor of whom it is subscribed does not obtain a Québec Selection Certificate within twenty-four (24) months of the signing of the undertaking, if the signatory no longer satisfies the requirements set or if the foreign national does not receive permanent residence in Canada.
The signatory may sometimes withdraw his commitment before or after issuing a Quebec Selection Certificate, but cannot do so after the issuance of the permanent residence visa.
When the refusal of sponsorship by Quebec is based on financial reasons, the refusal decision may be brought before the Administrative Tribunal of Quebec (TAQ). Elsewhere in Canada, for the same reasons for refusal or for any other refusal by the visa officer involving family ties, the person must apply to the Appeal Division of the Immigration and Refugee Board.