If your Canadian sponsor tragically passes away before your Permanent Resident application is finalized, IRCC will typically cancel the sponsorship. However, you can urgently request an exemption under Humanitarian and Compassionate (H&C) grounds. If you have strong ties to Canada, IRCC may grant your PR despite the loss of your sponsor.
Navigating the Canadian immigration system is stressful enough under normal circumstances, but facing the sudden and tragic death of your Canadian spouse or partner during the process is a nightmare. For foreign nationals living in cities like Montreal, Winnipeg, or Vancouver, the grief of losing a loved one is compounded by the terrifying realization that their legal right to remain in Canada is suddenly in jeopardy. Because the foundation of a spousal application relies entirely on a living Canadian sponsor, their death technically renders the application invalid.
Under standard Immigration, Refugees and Citizenship Canada (IRCC) rules, if the sponsor dies before the foreign national officially lands as a Permanent Resident, the application is formally closed. However, Canadian immigration law contains a crucial safety net for these heartbreaking situations: Section 25 of the Immigration and Refugee Protection Act (IRPA). This section allows applicants to request Humanitarian and Compassionate (H&C) considerations. Because H&C requests are highly discretionary and legally complex, retaining a compassionate, experienced Canadian immigration lawyer is heavily advised to secure your future in Canada.
Step-by-Step Process for Requesting H&C Relief in Canada
If you find yourself in this devastating situation, acting quickly and meticulously is vital to maintaining your legal status in Canada.
Step 1: Notify IRCC Immediately
You must inform IRCC of your sponsor’s passing as soon as you have the official death certificate. You can do this by submitting an urgent Webform through the IRCC portal. Do not hide this information; if IRCC issues a PR visa and discovers the sponsor has died, it will be considered severe misrepresentation.
Step 2: Request Humanitarian and Compassionate Consideration
In your communication with IRCC, explicitly state that you are requesting your application be assessed under Humanitarian and Compassionate grounds due to the death of your sponsor. IRCC officers are trained to pause the cancellation of the file to allow you time to submit comprehensive H&C evidence. This is where a specialized law firm becomes invaluable in drafting your legal arguments.
Step 3: Gather Evidence of Establishment in Canada
To win an H&C claim, you must prove that forcing you to leave Canada would cause disproportionate hardship. Gather evidence of your life in Canada: your current employment records, volunteer work, close relationships with your late spouse’s Canadian family, and any shared property or assets. If you have a child together who is a Canadian citizen, this is a massive factor in your favour, as IRCC must consider the “best interests of the child.”
Step 4: Maintain Legal Temporary Status
While your H&C request is processing, you must maintain valid temporary status in Canada. If you are on an Open Work Permit, ensure you apply for an extension before it expires. If your status expires, you could face a removal order, drastically complicating your H&C case.
How Much Does the H&C Process Cost?
Transitioning from a standard spousal application to an H&C request involves some financial shifts. Here are the expected costs in CAD:
- IRCC Application Fees: If your spousal file is converted, you generally do not pay the federal fee again. However, if you must file a brand new H&C application from scratch, the fee is approximately $575 CAD.
- Immigration Lawyer Retainer: H&C applications require extensive legal drafting. A law firm usually charges between $4,500 and $8,000 CAD for this highly customized work.
- Document Translation/Notarization: Affidavits from family and friends may require notary fees of around $150 to $300 CAD.
How Long Does the Process Take?
The timeline for H&C processing is notoriously long because every case is manually reviewed by a senior immigration officer. While a standard spousal sponsorship takes about 12 months, an H&C assessment can easily take 20 to 24 months or longer. However, if your original spousal application was already in its final stages, the officer might expedite the H&C review out of compassion.
Standard Sponsorship vs. H&C Consideration
| Application Feature | Standard Spousal Sponsorship | H&C Consideration (Due to Death) |
|---|---|---|
| Financial Undertaking | Requires a living Canadian sponsor. | Waived. No Canadian sponsor is required. |
| Medical Inadmissibility | Spouses are exempt from excessive demand rules. | Officers can waive medical inadmissibility if hardship is proven. |
| Approval Criteria | Proof of genuine relationship. | Proof of establishment in Canada and extreme hardship. |
Frequently Asked Questions (FAQ)
Can my spouse’s parents take over the sponsorship?
No. Under Canadian law, a spousal sponsorship is strictly between the two partners. In-laws or other family members cannot “inherit” or take over the role of a spousal sponsor.
Will IRCC deport me immediately?
Generally, no. As long as you maintain a valid visitor record, study permit, or work permit, you have legal temporary status in Canada. IRCC will typically allow you to remain while your H&C request is carefully evaluated.
What happens if my H&C request is refused?
If the officer refuses your H&C request, you may have the right to challenge the decision in the Federal Court of Canada by filing an Application for Leave and Judicial Review. You will absolutely need an immigration lawyer for this step.
Do I get a refund if the spousal application is cancelled?
If IRCC formally closes the spousal application before processing began, you may receive a full refund. If processing had already started, you will only receive a refund for the $515 CAD Right of Permanent Residence Fee (RPRF).
Leave a Reply