The Ultimate Guide to Spousal Sponsorship Refusal Appeal

couple holding hands

Many people want to settle in Canada with their spouses, but not all the sponsorship applications received get approved. If your spouse’s or any other family member’s application for permanent residency was rejected, you’re not alone. Understandably, it can be a disappointing situation for your and your spouse but there’s still an alternative option.

You can appeal that decision to the IAD (Immigration Appeal Divison), explaining to them why your application should be accepted. This procedure is termed a sponsorship appeal.

Eligibility Criteria

So, you might be wondering if you’re eligible to appeal or not. The answer is simple. If you’re a Canadian citizen or a permanent resident, who applied for spousal sponsorship and your visa application got refused by IRCC, you can appeal to the IAD.

If, however, the person you sponsored, is inadmissible to Canada, because of serious criminality, violation of human rights, misrepresentation, or an organized crime, then you can’t appeal for them.

How to Start an Appeal?

You can appeal to the IAD within 30 days after receiving the refusal. For this, you also need to complete and submit a Notice of Appeal form and a copy of the IRCC refusal letter received by the person you sponsored.

People signing sponsorship documentsImportant Note

The information used in an immigration appeal is generally treated as public information and may appear along with your decision on the internet. Unless you obtain a confidentiality order, a copy of your documents will also be given to the public and the media upon their request.

Need Help?

Among several family sponsorship programs offered in Canada, spousal sponsorship is the most popular one.

If you want to bring your spouse to Canada, you’ll have to develop a compelling and well-researched application submit it before the deadline.

Looking for a qualified immigration lawyer in Canada? You can trust the Canadian immigration law firm, Nanda & Associate Lawyers Professional Corporation, where we’ve been offering legal services since 2023.

Feel free to contact us to book a free consultation for your spousal sponsorship case.

 

Disclaimer: This blog is only intended for educational purposes and shouldn’t be used as a substitute for legal advice.

 

Leave a comment

You must be logged in to post a comment.

Fill In the form below, We will get in touch with you as soon as possible.

Demo Description