am i eligible to be sponsor

[ryanruben]

Dear members, If I were a Registered Indian of Canada, but not a permanent resident or Canadian citizen, am I eligible to sponsor my spouse to become permanent resident? Thank you.

 

[Ponga]

Since you're a Registered Indian...aren't you already deemed to be a Permanent Resident?

http://www.cic.gc.ca/english/resources/manuals/bulletins/2010/ob250.asp

 

[canadianwoman]

Dear members, If I were a Registered Indian of Canada, but not a permanent resident or Canadian citizen, am I eligible to sponsor my spouse to become permanent resident? Thank you.

It sounds to me like the answer is 'yes', under certain conditions. You become a permanent resident of Canada when you enter Canada to live. The date you enter Canada to live is considered the equivalent of the date a person lands and becomes a permanent resident.
Therefore you should be treated like a PR for sponsorship purposes: that is, you can sponsor your spouse, but you have to be living in Canada during the processing time.

 

[Ponga]

I know this doesn't answer your question, but...are you already a permanent resident of the U.S.?

If you're not...it looks like you qualify for it on the spot!

The following is from one of the CBSA enforcement manuals:

Under the U.S. Immigration and Nationality Act, Canadian Indians who can demonstrate that they
have “50% or more Indian blood,” by presentation of their band registration card, are entitled to
permanent resident status in the United States. As a result, Canadian Indians who arrive at U.S.
ports of entry and state that they intend to work in the United States are instructed by United States Customs and Border Protection officials to apply for permanent resident status on the spot.
The applicants are immediately issued temporary residency cards and are entitled to work in the
United States without work permits.

Under Canadian immigration law, however, North American Indians are only accorded the right to
enter Canada if they are registered on the Canadian Band Lists. An American Indian can only
obtain registered band status if they can establish that their mother or father was a member of a
Canadian band. Therefore, American Indians coming to Canada to work or study require work or
study permits. Virtually all members of the Indian nations whose traditional lands straddle the border are entitled to be registered under the Indian Act, and once they have exercised this option, they may enter
Canada by right under A19(1).

Some American Indians have difficulty accepting that Canadian law requires them to be registered formally as members of a Canadian Indian band before they can legally work in Canada. BSOs should deal tactfully with cases of this nature.

 

[ryanruben]

Thank you #Ponga and #canadianwomen for your generous help. I further clarified this issue with IRCC, who told me that they treat registered Indian as permanent resident in most cases. However when I read IRPR S.130. it says Sponsor must be Citizen or Permanent Resident, and does not mention Registered Indian at all, which confuses me...

http://laws-lois.justice.gc.ca/eng/regulations/sor-2002-227/page-27.html#h-79
Sponsor
130 (1) Subject to subsections (2) and (3), a sponsor, for the purpose of sponsoring a foreign national who makes an application for a permanent resident visa as a member of the family class or an application to remain in Canada as a member of the spouse or common-law partner in Canada class under subsection 13(1) of the Act, must be a Canadian citizen or permanent resident who
(a) is at least 18 years of age;
(b) resides in Canada; and
(c) has filed a sponsorship application in respect of a member of the family class or the spouse or common-law partner in Canada class in accordance with section 10.

 

[profiler]

Thank you #Ponga and #canadianwomen for your generous help. I further clarified this issue with IRCC, who told me that they treat registered Indian as permanent resident in most cases. However when I read IRPR S.130. it says Sponsor must be Citizen or Permanent Resident, and does not mention Registered Indian at all, which confuses me...

http://laws-lois.justice.gc.ca/eng/regulations/sor-2002-227/page-27.html#h-79
Sponsor
130 (1) Subject to subsections (2) and (3), a sponsor, for the purpose of sponsoring a foreign national who makes an application for a permanent resident visa as a member of the family class or an application to remain in Canada as a member of the spouse or common-law partner in Canada class under subsection 13(1) of the Act, must be a Canadian citizen or permanent resident who
(a) is at least 18 years of age;
(b) resides in Canada; and
(c) has filed a sponsorship application in respect of a member of the family class or the spouse or common-law partner in Canada class in accordance with section 10.

So of IRCC recognizes Registered Indians as Permanent Residents (you'd said in most cases they do), then you're likely viewed as a Permanent Resident to IRCC gor the purposes of them completing their work.

 

[canadianwoman]

Yes, it looks like once you enter Canada to live, you will be considered a permanent resident, and so will be treated as one for the purposes of sponsorship.
I see that IRCC said 'in most cases', and that is also what it looks like to me. I would try it, maybe including legal evidence that you, as a Registered Indian, are considered a Permanent Resident once living in Canada.