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Processing priorities
Applications for permanent residence from spouses, common-law partners, conjugal partners and dependent children have the highest priority, along with children to be adopted. Other members of the family class follow. These are operational, not regulatory priorities. The Department aims to process 80% of sponsorship and permanent residence applications submitted on behalf of the high-priority group of spouses, common-law partners, conjugal partners and dependent children within six months.
Non-routine cases
While every effort should be made to process high-priority cases expeditiously, it is recognized that there are circumstances where priority processing may legitimately be affected. While not exhaustive, the list below provides some examples of non-routine cases that may not be processed according to the six-month service standard..
Examples of non-routine cases:
medical, security or criminal issues;
suspected relationship or dissolution of convenience;
misrepresentation of marital status at time of marriage;
previous deportation;
inability to support self and family members due to legal obligations or other reasons;
relationship of applicant to sponsor or applicant to other family members in doubt;
marital status of family member suspect;
sponsor under investigation for violation of IRPA; or
Processing Members of the Family Class
outstanding criminal charge against sponsor.
The following would frequently, but not necessarily, be non-routine cases:
legal validity of foreign marriage in question (marriage which occurred in country other than in processing mission's area of responsibility);
custody of children of applicant;
residence status of sponsor in doubt;
delays created by applicant not following instructions;
communications not received by mission or by applicant (unreliable postal system, mission not informed of change of address);
family members and principal applicant residing in different countries and processing coordination difficulties occur; or
applicant previously removed or excluded from Canada.
In an effort to aid analysis and identification of non-routine cases, the Work In Progress (WIP) event structure in CAIPS should be used by visa offices to flag non-routine cases. Visa offices may enter the following WIP events to identify a file that is non-routine and therefore might be processed outside of the six-month service standard.
The WIP events are:
Background check delay
Medical delay
Criminality delay
Other delay
One or more of these WIP events may be entered when the cause of a possible delay is identified.
Examples of possible delays:
Medical delay—the requirement to undergo 6 months of treatment for active tuberculosis;
Criminality delay—a family member has a pending criminal charge that must be resolved before admissibility may be determined;
Other delay—an interview is required but area trips are made to the region only once or twice per year and an area trip has been completed just recently;
The sponsor is from Quebec, was found to be ineligible by Quebec, and successfully appealed;
An investigation in Canada is required prior to determining whether the sponsor is eligible.
