[requester]

Record

Arehived: June 3, 2025 10:28:37 AM From: Immigration Representatives / Représentants immigration (RCC Sent: [requester] To: [requester] Immigration Representatives / Représentants immigration (RCC Subject: [requester] REP-B-2025-0196 - 29-Apr-25 Importance: Normal Sensitivity: None Good day, Thank you for contacting the Immigration Representatives Mailbox Please note that this mailbox is intended for general guidance and does not provide responses to case-specific inquiries. If you have case specific questions about a file, you are encouraged to submit a Webform at: http://www. irce.canada.ca/english/contacts/web-form.asp Ifa sponsorship application has been submitted and the officer determines during processing that it appears that the sponsor does not meet the residency obligation under section 28(2) of IRPA, this would lead to the suspension of processing of the application while the sponsor's permanent residence status was reassessed and a decision rendered, This could result in the possible revocation or loss of the sponsor’s permanent resident status if the sponsor is non-compliant with the residency requirement. This will be assessed on a case-by-case basis and depending on the outcome, could result in the sponsorship eligibility in the application being failed and the application, in turn, refused for not having an eligible sponsor. As per our complete guide: If you don’t meet the sponsorship requirements If you don’t qualify as a sponsor and chose to withdraw your sponsorship application

© * you'll geta refund for the principal applicant processing fee and any Right of Permanent Resident Fees you paid

© * there will be no decision on the application for permanent residence of the person you are sponsoring

* * you will not have a right of appeal. If you fix the situation that made you ineligible to sponsor, you can reapply at a later date. If you don’t qualify as a sponsor and tell us you want to continue processing:

© * we'll process the application for the person you are sponsoring.

© * we'll ikely refuse the application for permanent residence and tell you in writing if you have a right to appeal. We hope you find this information useful Thank you kindly, [requester] From: [requester] Sent: [requester]

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To: Immigration Representatives / Représentants immigration (IRCC) <[requester email]> Subject: [requester] CAUTION: This email originated from outside the Government of [requester] not click on links or open attachments unless you recognize the sender and know the content is safe. ATTENTION: Ce courriel provient de l'extérieur du gouvernement du [requester] cliquez pas sur les liens et n'ouvrez pas les piaces jointes sauf si vous reconnaissez I'expéditeur et sachez que le contenu est sOr. Dear [requester], ‘Thank you for your response and for the helpful guidance provided. I would like to follow up with a clarification question based on the information shared if a sponsorship application has already been submitted and the processing office later determines that the sponsor does not meet the residency obligation under section 28(2) of the IRPA, would this lead to 1. 1. The refusal of the sponsorship application; and 2. 2. The possible revocation or loss of the sponsor's permanent resident status due to non-compliance with the residency requirement? lunderstand that such matters are assessed on a case-by-case basis, but | would greatly appreciate your general guidance on the potential consequences in this scenario. ‘Thank you again for your assistance. Regards, ‘On [requester] 26, 2025 at 9:00 'a0AM Immigration Representatives / Représentants immigration (IRCC) <[IRCC Immigration Representatives mailbox]> wrote: Good day, Thank you for contacting the Immigration Representatives Mailbox Please note that this mailbox is intended for general guidance and does not provide responses to case-specific inquiries but have provided the following information as guidance. If you have case specific questions about afile, you are encouraged to submit the IRCC Web form Please see our response to your question: 00219

As per section 13(1) of the Immigration Refugee Protection Act (IRPA) and R130(1) of the Immigration Refugee Protection Regulations (IRPR), in order to sponsor a foreign national for permanent residence under the family class or spouse or common-law partner in Canada class, a sponsor must be a Canadian Citizen or Permanent [requester] R130(1)(b) of the IRPR also stipulates that a sponsor must be a permanent resident or Canadian Citizen who resides in [requester], section 28 of the IRPA outlines the residency obligations that permanent residents must comply with in order to maintain their status as a permanent resident.

As per our Complete Guide: if any of the situations or circumstances below apply to you, we won’t start processing your sponsorship application until a final decision related to the situation has been made.

‘© * Your citizenship is in the process of being revoked;

© * You have a removal order against you;

+ * You've failed to respect your residency conditions;

‘* * The Minister of Immigration, Refugees and Citizenship and the Minister of Public Safety signed a certificate stating you're inadmissible because of security, human or international rights violation, serious criminality or organized criminality;

‘© * You've been charged with an offence that is punishable by a maximum prison term of ten years.

If the processing office has concerns that a permanent resident sponsor does not meet their residency obligation under section 28(2) of the IRPA, this may be reviewed at any stage in the processing of the spousal sponsorship application as it relates directly to the eligibility to sponsor. This will be assessed on a case-by-case basis and depending on the outcome, could result in the sponsorship application being suspended until a final determination is made with respect to the sponsor's residency obligation We hope you find this information useful [requester] Representatives Mailbox From: Sent: [requester] To: Immigration Representatives / Représentants immigration (IRCC) <[requester email]> ‘Subject: Family Class - Sponsor Eligibility - Residency Obligation for PR Sponsor Dear [requester], IRPR 130 requires that the sponsor be a Canadian citizen or permanent resident. R133(1) explains detailed requirements for the sponsor. However, it does not mention whether failing to meet the residency obligation in cases where the sponsor is a permanent resident would disqualify him or her to be a sponsor. For example, the sponsor resides in [requester] holds a valid permanent resident card. However, he has failed to meet the residency requirement for the past 5 years. Would he be able to sponsor a spouse under the Family Class or the SCLPC Class? Or does he have to wait until his residency obligation is fulfilled to proceed with the application? Please kindly advise. Thank you.

Regards, saa(t)