IRCC’s sponsorship default processing guidance explains how officers should handle Group of Five and Community Sponsor applications when a sponsor or another party to the sponsorship is found in default. The instructions cover files at different decision stages, including cases that have received a positive final decision but where the applicant has not yet landed in Canada.
Who the instructions concern
The instructions apply to Group of Five and Community Sponsor applications, including cases involving a Community Sponsor’s co-sponsor. They address how a finding of sponsorship default can affect future applications, submitted applications and applications already in process.
Under paragraph R153(1)(c), an individual, corporation, unincorporated organization or association that was previously party to a sponsorship in which it defaulted, and remains in default, is prohibited from being a sponsor or party to a sponsorship. IRCC states that a sponsor found in default is no longer an eligible sponsor under that provision.
The Resettlement Operations Division (ROD) assesses Private Sponsorship of Refugees and Blended Visa Office-Referred sponsorship applications. In assessing sponsor eligibility and capacity to support sponsored refugees, ROD officers must consider whether any party to the sponsorship is in default in another application.
How officers may address default concerns
For applications that have not yet received a sponsorship decision, ROD will make a sponsorship decision while considering all applicable requirements and regulations.
IRCC’s instructions specify that an officer cannot revoke sponsorship approval solely under R153(1)(c). Approval may be revoked for reasons under R154(1)(a) or (b), or R156(1).
Where there are concerns under those provisions, an officer may send a procedural fairness letter. The reason for the default may be considered when assessing a sponsor’s financial or settlement capacity, or whether adequate arrangements have been made.
A procedural fairness letter can give sponsors an opportunity to respond by withdrawing and replacing ineligible sponsor or sponsors, or by advising IRCC of a change in their default status. This may be particularly relevant because not every party to a sponsorship may be in default or aware that another member of the group is in default.
If concerns remain after the procedural fairness letter deadline, ROD may revoke approval under R155 and refuse the sponsorship on the grounds that the requirements of R154(1)(a) or (b), and any other applicable regulations, have not been met. When revocation is being considered, ROD will coordinate with Migration Offices so processing does not continue during that consideration.
Files approved before the applicant lands
For applications that remain open at a Migration Office after a positive final decision, but before the applicant has landed in Canada, the Migration Office has discretion to finalize the application or ask ROD to reassess the sponsorship.
Migration officers are encouraged to consider the severity of the matter that led to default, the sponsor’s ability and willingness to provide settlement support, and the consequences for the applicant in their particular circumstances. The instructions give examples such as exit permits having been obtained, travel having been booked or a home and possessions having been liquidated.
Adding dependants to an affected application
IRCC states that One-Year Window applications can continue to be submitted.
A request to add a newborn biological child can proceed under established procedures and does not require a reassessment of the sponsorship.
However, where the request is to add a dependant other than a newborn biological child, such as a spouse, biological child or adopted child, the sponsor’s capacity for the new family composition must be re-evaluated. ROD must reassess the application even if a positive final decision has already been entered.