The Guidelines for the Suspension of Processing

Colin R. Singer
May 16, 2021

In certain situations, officers will need to suspend the processing of the application until the authorities conclude the matter. This applies regardless of whether the situation takes place at the time of the sponsorship application or if such information becomes available at any time during the processing of the application. These situations which would necessitate that officers suspend processing the application include:

The authorities are in the process of revoking the citizenship – refer to the section titled ‘The Guidelines In case the Authorities Are in the Process of Revoking the Citizenship’ that appears subsequently in this document i.e. section 23.1 of IP 2
The resident is subject to an A44 (1) report – refer to the section titled ‘The Guidelines in Case the Permanent Resident is Subject to an A44 (1) Report’ that appears subsequently in this document i.e. section 23.2 of IP 2
Serious criminal charges have been laid – refer to the section titled ‘The Guidelines in Case Serious Criminal Charges Have Been Laid’ that appears subsequently in this document i.e. section 23.3 of IP 2 and,
An appeal of a decision on residency obligations remains outstanding

It is worth mentioning that the eligibility assessment in the sponsorship application asks sponsors and co-signers to declare whether they are subject to any of these bars. If this is indeed the case, and the sponsor submits an application anyway, the Case Processing Centres (CPCs) will need to:

Review the information provided by the sponsor or co-signer on the IMM 1344AE (in case the event occurs at the time of the sponsorship application)
Verify the information given in the Field Operations Support System (FOSS) for any relevant information and,
Refer the case to an inland office of Immigration, Refugees and Citizenship Canada (IRCC) for investigation (if necessary)

In addition, the Case Processing Centres (CPCs) will need to notify the sponsor that the officers will hold the application in abeyance until the authorities have concluded the matter. Thereafter, the officers will need to assess the application based on the requirements in effect at that time.

The Case Processing Centre in Mississauga (CPC-M) will not forward the application to the visa office until the authorities conclude the matter. Similarly, the Case Processing Centre in Vegreville (CPC-V) will not begin processing the application by a member of the Spouse or common-law partner in Canada class until the authorities conclude the matter.

In case the conclusion is favourable to the sponsor, the officers could continue processing the application. The Case Processing Centres (CPCs) will need to first re-assess the sponsor’s financial condition. This is especially so because it might have undergone some changes in the interim. This would enable the officers to ensure that the sponsor continues to meet the Low Income Cut Off (LICO).

In case the conclusion is not favourable to the sponsor, the officers will find the sponsor ineligible. As such, they will need to process the application accordingly.

The Guidelines In case the Authorities Are in the Process of Revoking the Citizenship

Situations could arise where the authorities might be in the process of revoking the citizenship of the sponsor. This is in accordance with the provisions specified in CP 9. In this scenario, officers will need to suspend the sponsorship application.

In some cases, the authorities might decide not to revoke the citizenship of the sponsor. In this scenario, the person concerned might become eligible to sponsor once again, as long as the person is not subject to any other bars. The Case Processing Centre (CPC) will need to re-assess the Low Income Cut Off (LICO) at that time.

The Guidelines in Case the Permanent Resident is Subject to an A44 (1) Report

The main reasons for an A44 (1) report on a permanent resident could typically include:

Security grounds, human rights violations, serious criminality, organised crime, misrepresentation e.g. failing to declare all the family members on the application for permanent residence
Non-compliance with conditions of residency e.g. entrepreneur and,
Non-compliance with the prescribed residency requirement

In case the sponsor becomes the subject of a removal order, the removal order acts as a bar to sponsorship.

Situations could arise where officers, either in Canada or at visa offices, could uncover information that could lead to the issuance of an A44 (1) report. In this case, the officers will need to contact the Case Processing Centre in Mississauga (CPC-M). The staff at the Case Processing Centre in Mississauga (CPC-M) will need to transfer the sponsorship to an inland office of Immigration, Refugees and Citizenship Canada (IRCC) for investigation. The inland office of Immigration, Refugees and Citizenship Canada (IRCC) will need to keep the Case Processing Centre in Mississauga (CPC-M) and the visa office notified of developments on the A44 (1) report. In addition, it will need to make every effort for the authorities to render a decision on the report at the earliest possible.

For more information on A44 (1) reports, officers will need to refer to ENF 5 in the Enforcement Manual.

The Guidelines in Case Serious Criminal Charges Have Been Laid

On the application to sponsor, the authorities ask sponsors and co-signers to specify whether they have been charged with a serious offence. In case the charges could lead to imprisonment or the issuance of an A44 (1) report, the officers will need to hold the sponsorship in abeyance until the authorities have dealt with the charges.

The visa office will need to contact the Case Processing Centre in Mississauga (CPC-M) in case it uncovers information that could lead to serious charges in Canada.

The Case Processing Centre (CPC) staff will need to verify the Field Operations Support System (FOSS) for information on serious criminal charges. Thereafter, it would need to refer the case to an inland office of Immigration, Refugees and Citizenship Canada (IRCC) in case such information exists.

The Case Processing Centres (CPCs) will need to advise the sponsor that it is the sponsor’s responsibility to notify Immigration, Refugees and Citizenship Canada (IRCC) if the authorities end up dismissing the charges.

In some cases, it is possible that the sponsor might be imprisoned or become the subject of a removal order. In this scenario, the sponsor is not eligible. As such, the sponsor has the option of discontinuing the application – refer to the section titled ‘The Procedures for Handling a Discontinued or Withdrawn Undertaking’ i.e. section 12 of IP 2.

The Case Processing Centres (CPCs) will need to transfer the sponsorship to a local office of Immigration, Refugees and Citizenship Canada (IRCC) for investigation. The local office of Immigration, Refugees and Citizenship Canada (IRCC) will need to keep the visa office posted on any developments in the case.

Note:

The local office of Immigration, Refugees and Citizenship Canada (IRCC) will need to insert information on serious charges against permanent residents in the Field Operations Support System (FOSS)