Spousal Sponsorship Refusal

People who have become Canadian citizens or permanent residents of Canada would love to be reunited with their spouses or partners living abroad. In such cases, permanent residents of Canada or Canadian citizens are legally permitted to sponsor their family members. They can apply for Spousal Sponsorship. However, a lot of times these applications meet with rejection from the immigration office for various reasons ranging from incorrect information to the applicants’ inability to provide documents or validation.

Do not fret! If rejected, you can submit an appeal to the Immigration Appeal Division (IAD) to review your file. This is time-bound process and an appeal has to be filed within 30 days from the day the refusal letter was received. The Minister of Immigration, Refugees and Citizenship Canada (IRCC) will further produce the appeal record within 120 days from the date when the appeal was received. The hearing of these appeals is done with speed so that applicants have quick results. In cases where the Division does not feel the need to of a formal hearing against an appeal, the case is instantly forwarded to Alternative Dispute Resolution (ADR) which involves the applicant arguing for his/her case informally to the Member of the Immigration Appeal Division and the Minister’s counsel. The applicant’s lawyer can also ask for ADR if they want the proceedings to be held without formal hearing.

In all other cases, an appeal is responded with a formal hearing on the basis of which the Immigration Appeal Division determines if the appeal has to be accepted or denied. Once the appeal is accepted, the application process will be advanced further by Immigration, Refugee and Citizenship Canada.

Another way of dealing with a spousal sponsorship refusal is to re-apply for it. It is better to consult a lawyer to deal with rejection or re-application on a Spousal Sponsorship Application. These applications demand high level of consistent information about both the sponsor and the sponsee. Any irregularity in this regard can prove to be detrimental to your chances to make it to Canada as a family.