If a Canadian sponsor loses their citizenship due to revocation, any active family sponsorship application will be immediately paused or refused. You must retain a Canadian immigration lawyer to explore alternative routes, such as Humanitarian and Compassionate (H&C) grounds. The base IRCC application fee for spousal sponsorship is currently $1,260 CAD.
Sponsoring a spouse or family member to Canada is built on one foundational requirement: the sponsor must be a legally recognized Canadian citizen or permanent resident. Receiving a citizenship revocation notice from the federal government is a catastrophic event that shatters families. Generally, this happens when the government alleges that citizenship was obtained through fraud, misrepresentation, or hiding serious criminal offences.
If you live in Toronto, Vancouver, or Calgary and receive this devastating news, the ripple effects are immediate. 🔍 Immigration, Refugees and Citizenship Canada (IRCC) will immediately flag your active sponsorship file. Because Canadian immigration law strictly requires an eligible sponsor, the sponsored person’s pathway to permanent residency is placed in severe jeopardy.
Step-by-Step Process in Canada During a Revocation Crisis
Facing a citizenship revocation while sponsoring a family member requires rapid, strategic legal action to prevent the Canada Border Services Agency (CBSA) from initiating deportation proceedings.
Step 1: Analyzing the Notice of Intent to Revoke
The process begins when the sponsor receives a formal “Notice of Intent to Revoke Citizenship” from the government. 📂 This document outlines the exact allegations, such as lying about physical presence days or failing to disclose an indictable offence prior to taking the oath. You have a very strict time limit-usually 60 days-to respond.
Most applicants in this province immediately hire an immigration law firm to request a Federal Court hearing. If you do not challenge the notice, citizenship is automatically revoked, and the sponsor reverts to foreign national status.
Step 2: Addressing the Sponsored Spouse’s Application
Once IRCC formally moves to revoke the sponsor’s status, they will pause the family sponsorship application. 📝 Without a valid sponsor, the principal applicant cannot be approved. Your lawyer must formally notify IRCC of the ongoing Federal Court litigation regarding the sponsor’s status to request that the spousal application be held in abeyance (paused) rather than outright refused.
Step 3: Applying for Humanitarian and Compassionate (H&C) Grounds
If the sponsor ultimately loses their citizenship, the standard family sponsorship is dead. 💰 To keep the family together in Canada, the sponsored spouse must usually pivot and submit an application for Permanent Residence on Humanitarian and Compassionate (H&C) grounds.
An H&C application asks IRCC to make an exception to standard immigration rules based on severe hardship. You must prove that deporting the spouse would cause cruel and unusual suffering, particularly if there are Canadian-born children involved whose best interests would be severely compromised.
Step 4: Securing Temporary Status and Work Permits
During this multi-year legal battle, the sponsored spouse must maintain legal status in Canada. 📍 If they currently hold a Spousal Open Work Permit, it generally remains valid until its expiry date. However, renewing it without an active, valid sponsorship application is incredibly difficult. Your lawyer may need to apply for a standard work permit or a Visitor Record to ensure they are not working illegally.
How Much Does it Cost in Canada?
Fighting a citizenship revocation and pivoting a sponsorship file is one of the most expensive legal battles in Canadian immigration.
- IRCC Sponsorship Fees: The standard family spousal sponsorship fee is $1,260 CAD (including the Right of Permanent Residence Fee). This is generally non-refundable if the sponsor becomes ineligible.
- Federal Court Filing Fees: Filing an application for leave and judicial review at the Federal Court costs $50 CAD.
- H&C Application Fee: Submitting a new Humanitarian and Compassionate application costs $660 CAD for an adult principal applicant (or $1,260 CAD if including the RPRF).
- Lawyer Fees: Retaining an elite immigration litigation lawyer to fight citizenship revocation typically ranges from $10,000 to $25,000 CAD, depending on the complexity of the Federal Court hearings.
| Expense Type | Estimated Cost (CAD) | Payable To |
|---|---|---|
| Federal Court Filing | $50 | Receiver General for Canada |
| H&C Application (Adult) | $660 (or $1,260 with RPRF) | IRCC |
| Litigation Lawyer Fees | $10,000 – $25,000+ | Immigration Law Firm |
How Long Does the Process Take?
Fighting citizenship revocation in the Federal Court of Canada can drag on for 2 to 5 years. 🕑 If the sponsor loses and the sponsored spouse applies for H&C grounds, IRCC processing times for H&C applications typically range from 24 to 36 months as of May 2026. This creates a massive period of uncertainty for the entire family.
Frequently Asked Questions (FAQ)
What happens to the sponsor if citizenship is revoked?
If citizenship is revoked due to fraud related to their original permanent residency application, the sponsor will usually lose their PR status entirely. They will be issued a deportation order by the CBSA and removed from Canada.
Can someone else take over my sponsorship?
No. A spousal sponsorship is strictly between the married or common-law couple. If the sponsor becomes ineligible, you cannot simply substitute an aunt, uncle, or friend to sponsor the spouse. The application will be refused.
What happens to our Canadian-born children?
Children born in Canada are legally Canadian citizens by birth (unless born to a foreign diplomat). Revoking the parent’s citizenship does not strip the child of their birthright citizenship, but the child may be forced to leave Canada with the deported parents.
Is my Spousal Open Work Permit still valid?
Yes, your current Spousal Open Work Permit remains valid until the expiration date printed on the card. However, if IRCC officially refuses the sponsorship application before the permit expires, you will not be able to extend it under that specific category.
Can the sponsor appeal the revocation?
Yes, the sponsor has the right to challenge the Minister’s decision in the Federal Court of Canada. In some highly restricted circumstances involving questions of general importance, an appeal can be elevated to the Federal Court of Appeal.
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