Sponsorship Appeal

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 a spouse 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• Outdated / Incorrect version of Forms: ( 8 – 10 in total).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.