Refused Spousal Sponsorship
If a sponsored family member’s permanent residence application is denied, you can appeal the decision to the Immigration Appeal Division.
Navigating the Immigration Appeal Division (IAD) is a critical step for permanent residents or Canadian citizens who have faced a refusal from Immigration, Refugees, and Citizenship Canada (IRCC) on their family sponsorship applications.
If a sponsorship application is refused, you typically have two main options:
- Appeal the decision: If you believe the decision was incorrect, you can appeal to the Immigration Appeal Division (IAD) within 30 days of receiving the refusal letter. This is only available for certain types of sponsorship, such as outland spousal sponsorship.
- Resubmit a new application: You can address the reasons for the refusal and submit a revised application with additional or corrected information.
Grounds for IAD Appeals:
Our focus lies in addressing appeals arising from the refusal of family sponsorship applications, encompassing various scenarios, including spousal sponsorships and other family class sponsorships.
Appellants’ Eligibility:
You are eligible to appeal to the IAD if you are a permanent resident or Canadian citizen who applied to sponsor a family member for immigration to Canada, and the visa application was refused by IRCC. We are committed to helping sponsors, sponsored spouses, family members, and those facing challenges in family sponsorship cases.
Timelines and Procedures:
Adhering to strict timelines is paramount in IAD appeals. Our experienced team ensures timely filing of the Notice of Appeal and the submission of required documents, streamlining the appeal process for our clients.
Completing the IAD Appeal Form:
Initiating the IAD appeal process involves completing the relevant form with detailed information about your family sponsorship case. Our experts guide you through this crucial step, ensuring accuracy and completeness.
Legal Representation:
At Segue Immigration and Tours Ltd., our legal professionals specialize in navigating the complexities of family sponsorship appeal processes, offering expertise for a successful outcome.
Appeal Hearing:
IAD appeals may involve an oral hearing, where you can present your case in person. Our team prepares you thoroughly for this, recognizing the significance of presenting compelling evidence and arguments.
Decision on IAD Appeal:
The IAD may affirm, vary, or set aside the original decision. If successful, the sponsored family member may enter or remain in Canada under the family sponsorship program. We work diligently to secure positive decisions aligned with your immigration plans.
Post-Appeal Considerations:
While successful IAD appeals pave the way for your family’s plans in Canada, unsuccessful appeals may require exploring alternative immigration options. Our team provides guidance on next steps, including seeking further legal advice if needed.
If the Appeal is Allowed:
After the IAD concludes the sponsorship appeal with a final decision, the file’s processing continues with IRCC. The file may either travel abroad to a visa office or complete processing in Canada at a Case Processing Office. IRCC may challenge the IAD’s decision by applying for leave for judicial review at the Federal Court.
If the Appeal is Dismissed:
In cases of a dismissed appeal, sponsors have the option to contest the IAD’s decision. We stand by your side, supporting you in every step, including seeking permission from the Federal Court to apply for judicial review of the IAD decision.
Costs and Fees:
Transparent communication on costs associated with filing IAD appeals is our commitment.
Appeals Process Flow:
• Submission: We guide you through submitting the Notice of Appeal and supporting documents.
• Hearing: Preparation for the oral hearing is a crucial part of our service.
• Decision: The IAD renders a decision based on evidence and arguments presented.
Additional Considerations:
It’s important to note that you cannot appeal to the IAD if you are sponsoring a spouse or partner who is already inside Canada. Additionally, appeals are not applicable if the person you sponsored was found inadmissible to Canada due to reasons such as criminal convictions, involvement in organized crime, being a security threat, violating human or international rights, or misrepresentation. However, in cases of misrepresentation involving a spouse, common-law partner, or child, the IAD may still consider appeals.
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Sponsorship Refused? We Can Help
Don’t let a sponsorship refusal stand in your way. Our experienced team can help you understand the reasons for the denial and guide you through the appeal process or building a stronger reapplication.