Immigration Appeal Division (IAD) hears cases on the following issues:
In order to initiate an appeal with the IAD, you must:
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 Incomplete or outdated forms can result in significant delays and refusals can result in long-term consequences, such as a delay in obtaining Permanent Residence.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:
Reasons for returned applications (3 month delay):
Other potential Issues:
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.
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.