As a Canadian citizen or a permanent resident, you are eligible to sponsor the application for permanent residence of a family member who is a foreign national.
If your application is denied by the Immigration, Refugees and Citizenship Canada (IRCC), then you can file a sponsorship appeal to the Immigration Appeal Division (IAD).
You are required to file an appeal within 30 days of receiving the refusal letter.
Why Would Your Sponsorship Application Get Denied?
Your application to sponsor a family member can be denied on the following grounds:
- Misrepresentation, for example, your family member has been discovered providing forged documents, falsifying identity, etc.
- Security Grounds, for example, your family member is found guilty of espionage, subversion, violence or terrorism
- Serious Criminality and Criminality, for example, your family member has committed a crime that is punishable with an imprisonment term of 6 months up to 10 years
- Organized Criminality, for example, your family member is discovered to be engaging in smuggling, prostitution, etc
- Human or International Rights Violations, for example, your family member is convicted of Crimes Against Humanity and/or War Crimes
Who is Eligible to File a Sponsorship Appeal?
You can file a sponsorship appeal on the following grounds:
- The initial decision or refusal was unlawful or incorrect
- There was a violation in procedural conduct, for example, you were not given an opportunity to present your case properly, etc
- The request to evaluate humanitarian and compassionate consideration (H&C) was not considered
How to File a Sponsorship Appeal?
If your application to sponsor a family member gets denied, then you can file an appeal to the IAD. The process is as follows:
- Your application for sponsorship gets denied
- You file an appeal with the IAD within 30 days
- An IAD decision maker considers the appeal, which would have two outcomes:
- Your appeal is denied
- Your appeal is allowed
- If the appeal is allowed, then it goes to the IRCC who can either:
- Grant a permanent resident visa to your sponsored family member
- Reject the application for the above listed reasons
What Other Options Do You Have?
If the IAD finds that your appeal can be resolved without a hearing, then they may use the method of Alternative Dispute Resolution (ADR).
If your appeal goes to ADR, then you would have to attend an informal meeting with the Minister’s counsel and a member of IAD.
You or your immigration litigation lawyer can also request for an ADR.
You do not need to attend a hearing if your appeal is resolved through ADR.
In all other cases, a hearing will take place, following which the IAD will decide whether to allow or dismiss the appeal.
Who is Not Eligible for Sponsorship Appeals?
You would be denied the right to file a sponsorship appeal if the person you are looking to sponsor is found inadmissible to Canada and they would be deemed an Inadmissible Family Member on the following grounds:
- Security Grounds
- Serious Criminality and Criminality
- Organized Criminality
- Human or International Rights Violations
Why is it Necessary to Seek Legal Representation?
At My Visa Source, our experienced immigration litigation lawyers have successfully represented our clients in front of The Federal Court and the four divisions of the Immigration and Refugee Board (IRB).
Immigration is a complex process that requires expert familiarity with frequent changes to immigration law, strong legal strategy and representation, precise paperwork and perfect attention to detail, reducing the risk of wasted time, money or permanent rejection.
We take on cases with regular circumstances to ones that are very complex. Our processes have been honed to streamlined efficiency over a decade with a team who are happy, experienced, understanding, patient, cooperative, careful, neat, thorough and easy to work with. Communication with our clients is one of the keys to our success.
Why Contact My Visa Source?
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