I-0.2.1, r. 3 - Québec Immigration Regulation

Section 89 Disposition versions

2023-11-23

89. For the purposes of section 88, each person who is part of a group of 2 to 5 natural persons must, in particular, demonstrate that he or she has and will continue to have, for the duration of the undertaking, income to provide for his or her basic needs and those of the family members, at least equal to the minimum income required as determined in Schedule B. In addition, the group must have the minimum amount required to provide for the sponsored person’s basic needs, as determined in Schedule D.

Where a group includes a married or de facto couple, the minimum income required is reached for each of them when the sum of the income of the spouses or de facto spouses is at least equal to the minimum income required as determined in Schedule B.

Where a group includes a person who has a dependent child and whose income is at least equal to the minimum income required as determined in Schedule B, the dependent child is not taken into account when counting the number of family members for the purpose of assessing the person’s income.

Where the person owns a sole proprietorship or is an associate of a partnership, only the net enterprise income is taken into consideration for the purposes of the first paragraph.

O.C. 963-2018, s. 89; O.C. 1231-2022, s. 16; O.C. 1570-2023, s. 38.

2022-08-17

89. For the purposes of section 88, each person who is part of a group of 2 to 5 natural persons must, in particular, demonstrate that he or she has and will continue to have, for the duration of the undertaking, income to provide for his or her basic needs and those of the family members, at least equal to the minimum income required as determined in Schedule B.

Where a group includes a married or de facto couple, the minimum income required is reached for each of them when the sum of the income of the spouses or de facto spouses is at least equal to the minimum income required as determined in Schedule B.

Where a group includes a person who has a dependent child and whose income is at least equal to the minimum income required as determined in Schedule B, the dependent child is not taken into account when counting the number of family members for the purpose of assessing the person’s income.

Where the person owns a sole proprietorship or a partnership, only the net enterprise income is taken into consideration for the purposes of the first paragraph.

In addition, the group must have the minimum amount required to provide for the sponsored person’s basic needs, as determined in Schedule D.

O.C. 963-2018, s. 89; O.C. 1231-2022, s. 16.

2018-08-02

89. Each person who is part of a group of persons referred to in paragraph 3 of section 81 is presumed to be able to fulfil the undertaking in accordance with section 88 if the person demonstrates that he or she has had, for the 12 months preceding the examination of the application and will continue to have, for the duration of the undertaking, a gross annual income from a Canadian source equal to the minimum income required from the sponsor to provide for his or her basic needs and those of the family members, as determined in Schedule B, to which is added a minimum share of at least 20% of the minimum amount required to provide for the sponsored person’s basic needs, as determined in Schedule D.

Where the person owns a sole proprietorship or a partnership, only the net enterprise income from a Canadian source is taken into consideration for the purposes of the presumption provided for in the first paragraph.

The sum of the shares of each member of the group must be equal to the total of the minimum amount required to provide for the sponsored person’s basic needs, as determined in Schedule D.

O.C. 963-2018, s. 89.

Not in force

In force: 2018-08-02

89. Each person who is part of a group of persons referred to in paragraph 3 of section 81 is presumed to be able to fulfil the undertaking in accordance with section 88 if the person demonstrates that he or she has had, for the 12 months preceding the examination of the application and will continue to have, for the duration of the undertaking, a gross annual income from a Canadian source equal to the minimum income required from the sponsor to provide for his or her basic needs and those of the family members, as determined in Schedule B, to which is added a minimum share of at least 20% of the minimum amount required to provide for the sponsored person’s basic needs, as determined in Schedule D.

Where the person owns a sole proprietorship or a partnership, only the net enterprise income from a Canadian source is taken into consideration for the purposes of the presumption provided for in the first paragraph.

The sum of the shares of each member of the group must be equal to the total of the minimum amount required to provide for the sponsored person’s basic needs, as determined in Schedule D.

O.C. 963-2018, s. 89.