Immigration Corner | What happens to your application when someone dies?

Dear Miss Powell,

My husband passed away last year. We had submitted our spousal sponsorship application and were waiting to hear back. I'm told the application may be cancelled because he died. Is there anything I can do? I cannot afford to start over.

T.L.

Dear T.L.,

I am very sorry for your loss. You are right to seek advice quickly. A sponsor's death can affect a sponsorship application, but it does not automatically end the process.

Under Canadian immigration law, spousal sponsorship is based on a legal undertaking signed by a specific sponsor. Section 130 of the Immigration and Refugee Protection Regulations requires a valid sponsor throughout processing. When the sponsor dies, IRCC must reassess whether the application can continue. In many cases, they may move to refuse or close the file, but that is not always the end of the matter.

Humanitarian and compassionate considerations

Immigration officers have discretion to consider humanitarian and compassionate (H&C) factors under section 25 of the Immigration and Refugee Protection Act. IRCC's own operational guidelines instruct officers to consider whether relief is appropriate when a sponsor dies during processing, particularly where the relationship was genuine, the application was well advanced, young children are involved, or the applicant has strong ties to Canada.

If permanent residence had already been approved before the sponsor's death, the situation is more nuanced. A completed landing is unaffected. If approval was granted but landing not yet completed, IRCC may still examine the matter compassionately, depending on timing and circumstances.

Check the original forms

There is a critical procedural point. The Application to Sponsor and Undertaking form asks what should happen if the sponsor is found ineligible: the applicant can choose to either withdraw the application or proceed with the permanent residence application. If your husband selected proceed, that election may allow the permanent residence portion to continue, including H&C consideration.

Ask your lawyer to locate the original forms immediately and confirm what was elected.

Where you are located matters

Your physical location significantly affects your legal position. Applicants inside Canada may request H&C consideration directly from the minister under section 25(1) of the Act, and those requests must be assessed. Applicants outside Canada face a more discretionary framework. The difference between the words "must" and "may" in the statute is not a minor one.

If you are in Canada, you also benefit from factors officers weigh heavily: time spent here, employment, community ties, and the daily reality of your life.

Consider express entry

You should also explore Express Entry independently. It operates entirely separately from family sponsorship, covering the Federal Skilled Worker Programme, Federal Skilled Trades Programme, and Canadian Experience Class. If you have the work experience, language proficiency, and education to qualify, your spouse's death does not affect your eligibility. You apply on the strength of your own profile.

This matters practically. A competitive Express Entry profile can result in permanent residence within six months. H&C applications currently take 24 to 36 months, and approval is discretionary, not guaranteed. The two pathways are not mutually exclusive. Depending on your circumstances, your lawyer may advise pursuing both at the same time.

What to do now

Notify IRCC of your husband's death immediately and in writing. Do not assume the department already knows. Your correspondence should explain the relationship history, the application timeline, and the hardship a closure would cause. Supporting documents are critical: marriage certificate, photographs, communication records, proof of cohabitation, financial records, and the death certificate.

Ask your lawyer to review the original Application to Sponsor and Undertaking form, confirm whether the proceed election was made, and assess whether you qualify independently under Express Entry or another economic programme.

One important limitation

If the H&C route is pursued and refused, there is no right of appeal to the Immigration Appeal Division. Under section 63 of the Act, IAD appeals require a living sponsor as the appellant. Judicial review in Federal Court is the only challenge available, and it is generally more complex and costly. This makes early legal advice essential.

A note on the reverse situation

If the principal applicant dies during processing, family members included in the application may still have limited options depending on the category and stage of processing. These cases are highly fact-specific and should be reviewed carefully before assuming cancellation.

Immigration files do not automatically cancel when life changes. They continue or lapse depending on how quickly families act and what evidence is provided. Do not accept a refusal without first exploring whether humanitarian relief, independent qualification, or both remain available to you.

Deidre S. Powell is a lawyer, mediator, and author. For more information, visit www.deidrepowell.com