If your spousal sponsorship application was denied, don’t panic—there’s still hope. As a Canadian citizen or permanent resident, you have the right to appeal the decision through the Immigration Appeal Division (IAD). This process allows you to challenge the refusal, and it’s important to know the steps, common pitfalls, and what to expect along the way. Here’s your guide to navigating a spousal sponsorship appeal.Book Free AssessmentWhy Was Spousal Sponsorship Refused?
Spousal sponsorships can be refused for various reasons, and understanding them can help you avoid mistakes in the future. Common reasons include:- Criminal Records: If the sponsored person has a criminal record, especially for serious crimes, it could lead to a refusal. Canada’s immigration law is strict on this to ensure safety and security.
- Security Threats: Involvement in activities considered a threat to national security, such as terrorism or espionage, can result in refusal.
- Misrepresentation: Providing false information or omitting important details is misrepresentation. Even small inaccuracies can lead to rejection.
- Insufficient Evidence of Relationship: A common reason is failing to prove that your relationship is genuine. Immigration officers need clear and compelling evidence that your marriage or partnership is real.
Common Mistakes of Spousal Sponsorship
Even small errors can jeopardize your sponsorship application. Avoid these common mistakes:- Incomplete or Incorrect Forms: Missing information or errors can lead to rejection. Always double-check your forms.
- Weak Proof of Relationship: Provide strong evidence like photos, chat histories, and affidavits to show your relationship is genuine.
- Missing or Inadequate Documents: Failing to submit required documents or providing unclear copies can result in refusal.
- Misunderstanding Legal Terms: Misinterpreting immigration laws or requirements can lead to mistakes. Seek legal advice if unsure.
- Failure to Meet Deadlines: Missing deadlines for submitting documents or filing an appeal can result in automatic rejection.
Appeal or Reapply?
After a refusal, you might wonder whether it’s better to appeal the decision or start a new application. Here’s when to consider each option:- Appealing the Decision:
- Reapplying:
How to Make a Spousal Sponsorship Appeal (Step by Step)
If you decide to appeal, here’s a guide on how to proceed:- File Your Notice of Appeal:
- Prepare Your Case:
- Prepare for Informal Resolution:
- We Will Schedule Your Hearing:
- Prepare for Your Hearing:
- Attend Your Hearing:
- Receive the Decision:
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The timeline for a spousal sponsorship appeal varies, but it typically takes several months to over a year, depending on the case complexity and the IAD’s backlog.
If your appeal is successful, the refusal is overturned, and the IRCC will continue processing your application. You can check the status online through the IRCC portal.
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