Sponsorship Appeal

If you think you are eligible and you have passed our eligibility assessment please book an appointment to talk to one of our ICCRC registered consultants.

Sponsorship Appeal

Immigration Appeal Division (IAD) hears cases on the following issues:

Sponsorship Appeals (Outland Spousal Appeal, Parental Sponsorship Appeal)
Residency Appeals (Permanent Residents who do not meet the Residency Obligation and were found Inadmissible to Canada)

In order to initiate an appeal with the IAD, you must:

First obtain leave by demonstrating that an error or unfairness occurred in the initial decision.
After obtaining leave, you and your immigration lawyer may present your case in a hearing before the IAD.

Creating a comprehensive Spousal Sponsorship application to prevent potential refusal.
What were the reasons for the refusal of my Spousal application?
What will happen if I send an incomplete Sponsorship Application to IRCC?
Sponsorship Appeal
What will occur if my Sponsorship Appeal Division (IAD) application is approved?
What will occur if my Sponsorship Appeal Division (IAD) application is rejected?

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Creating a comprehensive Spousal Sponsorship application to prevent potential refusal.

Preparing a Spousal Sponsorship application can be a complex and labor-intensive process. The administrative requirements alone can be challenging, but the process becomes even more so when dealing with factors such as previous marriages, arranged marriages, marriages less than 2 years, children from previous marriages, and common-law relationships. The typical Spousal Sponsorship application package can range from 120-150 pages, and may include additional pages if translations are required.

In recent years, the Canadian government has implemented stricter measures in reviewing and approving Spousal Sponsorship applications due to a rise in fraudulent applications used to illegally obtain permanent residence. This has made it increasingly difficult to prepare a strong and compelling application that will be approved without issues. Attempting to apply on one’s own often results in a weak application that does not convince the visa officer of the genuineness of the relationship, which may lead to requests for an interview, a procedural fairness letter requesting more evidence and explanation, or an outright refusal. Our firm has found that a significant portion of our clients seek our assistance after experiencing a refusal when they attempted to apply on their own, approximately 40%.

What were the reasons for the refusal of my Spousal application?

It is important to note that while the IRCC provides forms and instructions for the Spousal Sponsorship application process, the complexity of the process and the strict review process by the government can make it difficult for individuals to navigate on their own. Incomplete or outdated forms can result in significant delays and refusals can result in long-term consequences, such as a delay in obtaining Permanent Residence. In order to increase the chances of a successful application, individuals may consider retaining the services of a professional immigration lawyer or consultant. When selecting an Immigration firm, it is important to consider factors such as their experience, success rate, and overall approach to handling cases.

What will happen if I send an incomplete Sponsorship Application to IRCC?

If an application is determined to be incomplete:

The Application could be returned to you: If an application is found to be incomplete, it will be returned by CPC-M within a timeframe of 2-2.5 months. In the event that the application was filed in-land and the individual is relying on implied status through approval of an Open Work Permit, they may fall out of status as the work permit will not be processed. If the individual has been out of status for less than 90 days, they may apply for Restoration of Status and resubmit the Spousal application. If more than 90 days have passed since falling out of status, they may still be eligible for sponsorship for Permanent Residency, but will not be eligible for a Work Permit unless a Temporary Resident Permit request is made.

Reasons for returned applications (3 month delay):

Outdated / Incorrect version of Forms: ( 8 – 10 in total). Forms change every 1 -2 months.
Incorrectly answering questions: (approximately 200 total)
Leaving questions blank / unanswered / not using “N/A” where applicable
Missing Required Forms / Documents / Evidence
Incorrect picture specifications: no D.O.B, Studio Name, Date taken, too much/too little white space around head.
Incorrect fees paid or not included in application
Mixing up the “Principal applicant” and the “Sponsor”
Country Specific Requirements: Not included or incorrect

Other potential Issues:

Application not linking to online account
Open Work Permit not issued
Issues with Police checks
Issues with divorce records
Issues with children from another marriage (accompanying and non-accompanying)

You may invite to an In-Person Interviews: During the interview process, it is not uncommon for individuals to become nervous and provide incorrect or suspicious responses. Visa officers take detailed notes of the interview and may refuse the application if they are not convinced of its validity.

You might receive a Procedural Fairness Letter: The IRCC may send a Fairness Letter requesting additional information. It is crucial to provide a detailed submission letter and supporting evidence to avoid refusal. In such cases, it is highly recommended to seek professional assistance in preparing a response. If an application is refused, the appeal process or re-application process will take at least one year.

Your sponsorship application could be rejected: In the event that an In-land Spousal application is refused, there is no right to appeal. If the application is refused, the individual in Canada will no longer have status. The only option available would be to retain a law firm to file a Judicial Review on the original application or submit a new application. The Judicial Review process will take approximately 3-4 months. For Out-land applications, an appeal can be filed with the IAD (Immigration Appeal Division) and a hearing date will be scheduled within 1-1.5 years. During this time, the spouse will not be able to travel to Canada unless they hold a valid Temporary Resident Visa. If a valid TRV is not held, the IRCC will not issue one after a refused application.

Sponsorship Appeals

After receiving notice of a refused Sponsorship application, you have a 30-day window to file an appeal with the IAD.
If no appeal is filed within this time frame, the initial decision is upheld.
The outcome of the appeal will be either approval or dismissal.

What will occur if my Immigration Appeal Division (IAD) application is approved?

If the appeal is approved, the case will proceed for processing with the Canada Immigration and Citizenship (CIC).

What will occur if my Immigration Appeal Division (IAD) application is rejected?

If a secondary refusal occurs at the IAD level, the individual may have the option to appeal the decision in Federal Court.

Contact Vizard

We have a team of experienced immigration lawyers who can provide you with personalized and professional guidance throughout the appeal process. We can review your case, help you gather necessary documents, and represent you in a hearing before the Immigration Appeal Division (IAD). Our goal is to increase your chances of a successful outcome and ensure that your rights are protected. Additionally, we can provide you with updates on any changes to immigration laws and regulations that may affect your case. Contacting us can give you peace of mind and the best chance of achieving your immigration goals.

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Sponsorship Appeal

If you think you are eligible and you have passed our eligibility assessment please book an appointment to talk to one of our ICCRC registered consultants.