Published
Prabhpreet Kaur Sangha is a lawyer at Lawgical Law Corporation, called to the BC bar in 2019, and a member of the Law Society of British Columbia.
Updated November 10, 2026: section 133 of the Regulations checked that day.
The fix: remove the bar (repay the default, finish the bankruptcy, stop social assistance), then either apply again or appeal to the Immigration Appeal Division and ask for humanitarian relief.
The deadline: 30 days from the refusal decision for a family class appeal to the Immigration Appeal Division.
Why a lawyer: some bars can be removed in weeks and some take years. Which one applies, and whether the Board can help, decides the plan. Why a lawyer
The lawyers who review these refusals
Sundeep S. GrewalBarrister and Solicitor
Prabhpreet Kaur SanghaBarrister and Solicitor
Pardeep S. GrewalBarrister and SolicitorAbout our lawyers
Sundeep S. Grewal founded Lawgical Law Corporation and argues immigration cases at the Immigration and Refugee Board and the Federal Court of Canada.
Prabhpreet Kaur Sangha focuses on refugee claims, immigration appeals, inadmissibility, detention reviews and Federal Court cases, and has presented at Continuing Legal Education seminars and the National Immigration Conference.
Pardeep S. Grewal is an immigration and estates lawyer known for clear communication and practical strategy.
If your sponsorship was refused because you are not an eligible sponsor, the officer found one of the bars in section 133 of the Regulations. The most common are receiving social assistance for a reason other than disability, being in default on an earlier sponsorship undertaking or on court-ordered support, owing certain federal immigration debts, being an undischarged bankrupt, and some criminal convictions. The bar must not exist from the day you file until the decision. Most of these can be fixed, and then you can apply again.
Lawgical Law Corporation, an immigration law firm in Surrey, Abbotsford and Vancouver, BC, prepares family sponsorships and appeals refused sponsorships to the Immigration Appeal Division; this guide is by Prabhpreet Kaur Sangha.
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What does the refusal say?
The wording I see in these files:
- “I am not satisfied that your sponsor is eligible to sponsor you as he was in receipt of social assistance for a reason other than disability”
- “I have found that your sponsor is not an eligible sponsor as per section 133 of the Immigration and Refugee Protection Regulations”
What does section 133 bar?
Section 133(1) of the Regulations says a sponsorship is approved only if, from the day it is filed until the decision, the sponsor:
- is not subject to a removal order and is not in prison;
- has not been convicted of certain sexual offences, or violent offences against family members or partners (with exceptions after a pardon or five years after the sentence, section 133(2));
- is not in default of “any sponsorship undertaking” or “any support payment obligations ordered by a court”;
- is not in default on certain debts owed to the federal government under the Act;
- is not an undischarged bankrupt;
- meets the income test where it applies (not for most spouses and dependent children, section 133(4));
- is not receiving social assistance “for a reason other than disability.”
Why this needs a lawyer
One lawyer, one file, every step:
- confirming which bar applies and whether the facts are right;
- the appeal to the Immigration Appeal Division within 30 days, if it helps;
- timing the new application so no bar exists from filing to decision.
Immigration lawyers are members of a provincial law society (in our case, the Law Society of British Columbia), and only lawyers can appear for you in the Federal Court.
What are my options?
- Check the facts. Was the assistance for a disability? Was the default repaid before filing? Was the bankruptcy discharged?
- Appeal to the Immigration Appeal Division within 30 days, either because the officer was wrong, or to ask for humanitarian relief where the bar is real (see below).
- Remove the bar and apply again: stop receiving assistance, repay the undertaking or support arrears, get a discharge from bankruptcy.
- For a criminal bar: a record suspension, or waiting five years after the sentence for a Canadian conviction (section 133(2)).
Can the Immigration Appeal Division still help?
Often, yes. Under section 65 of the Act, the Board can consider humanitarian and compassionate grounds only if the sponsor meets the definition in section 130 and the applicant is a member of the family class. Failing one of the other requirements in section 133 does not take that away.
| Reason for refusal | Can the Board consider humanitarian relief? |
|---|---|
| Sponsor fails section 130 (status, age, residence, filing, or the five-year bar on sponsoring a new partner), through s.133(1)(a) | No. Section 65 prevents it. |
| Social assistance for a reason other than disability, s.133(1)(k) | Yes, potentially |
| Default on an undertaking or court-ordered support, s.133(1)(g) | Yes, potentially |
| Default on a debt under IRPA s.145(1), s.133(1)(h) | Yes, potentially |
| Undischarged bankruptcy, s.133(1)(i) | Yes, potentially |
| Insufficient income, s.133(1)(j) | Yes, potentially |
This assumes a valid family class appeal and no other limit on the Board’s jurisdiction. Fixing the problem before the appeal, such as getting off assistance, repaying the default or being discharged from bankruptcy, can strengthen the request for relief even where the original refusal was legally correct.
Sponsor bars at a glance
| Bar | How it usually ends | Source |
|---|---|---|
| Social assistance (not disability) | Stop receiving it before filing | IRPR s.133(1)(k) |
| Default on an earlier undertaking or court-ordered support | Repay or make arrangements | IRPR s.133(1)(g) |
| Federal immigration debt | Repay | IRPR s.133(1)(h) |
| Undischarged bankrupt | Discharge | IRPR s.133(1)(i) |
| Certain convictions in Canada | Record suspension, or 5 years after sentence | IRPR s.133(1)(e), (2) |
| Appeal | Immigration Appeal Division, 30 days | IRPA s.63(1) |
Worked example: social assistance
Example. A sponsor in Surrey received provincial income assistance from March to May 2026 after losing his job, and filed a spousal sponsorship in April. The assistance was not for a disability, so he was barred on the filing date. He has been working since June. A new sponsorship filed now, with proof the assistance ended, is not barred on that ground.
Mistakes I have seen
- I have seen sponsors file while still receiving assistance, planning to stop before the decision. The rule covers the filing date too.
- I have seen sponsors forget a default on a sponsorship from years ago.
- I have seen sponsors file during a bankruptcy, before discharge.
Frequently asked questions
Does disability assistance bar me?
No. Section 133(1)(k) only applies to assistance received for a reason other than disability.
Do I need to meet an income test to sponsor my spouse?
Usually not. Section 133(4) removes the income test for a spouse or partner, unless they or their dependent child have dependent children of their own.
Does my partner’s income help?
For spouses there is usually no income test, so the question is the bars, not the amount.
Related guides
See our guides on appealing a refused sponsorship, a parent sponsorship refused for income, an undeclared family member and separating after getting PR as a spouse or dependant.
What should I do right now?
Write down the date you received the refusal and count 30 days. Identify which bar the officer found and gather proof of when it started and ended.
Book a consultation with our immigration lawyers in Surrey, Abbotsford or Vancouver, or online from anywhere.
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Sources (official)
- Immigration and Refugee Protection Regulations, s. 133 (current to October 19, 2026)
- Immigration and Refugee Protection Act, s. 63 and s. 65
This article is general information, not legal advice. Every case depends on its own facts.