Spousal Sponsorship Appeals
The course of action available to you after being refused in your spouse or partner sponsorship application depends on the type of application you submitted. If you applied for sponsorship under the Family Class or the Spouse or Common-law Partner in Canada Class, the steps you need to take to challenge the decision will differ.
"Fortune Law Group can assist with your appeal of a spousal sponsorship refusal to the Immigration Appeal Division, or make an Application for Leave and Judicial Review with the Federal Court of Canada."
What Happens When Your Spousal Sponsorship Application is Refused?
In case your partner’s spousal sponsorship application was refused, the course of action available to you will depend on the type of sponsorship you pursued. If you sponsored your partner through the Family Class, which involves overseas spousal sponsorship, you can file an appeal to the Immigration Appeal Division of the Immigration and Refugee Board of Canada. It is crucial to note that you generally have 30 days from the date you receive the notice of refusal to file your Notice of Appeal.
Alternatively, if you sponsored your partner through the Spouse or Common-law Partner in Canada Class, which is an in-land spousal sponsorship, you have the option to pursue an Application for Leave and Judicial Review at the Federal Court of Canada. Keep in mind that these decisions are frequently made within Canada, and you typically have 15 days from the date you receive the notice of refusal to file your Application.
What Can I Expect to Happen if I Got to the Immigration Appeal Division or Federal Court of Canada?
When applying for spousal sponsorship in Canada, the authenticity of the relationship is of utmost importance. At the Immigration Appeal Division hearing, you have the chance to address any issues or gaps in your application and provide any new evidence that may have arisen since your initial submission. A favorable outcome at this stage could mean that your partner’s permanent residency application will proceed successfully.
However, if you need to appeal to the Federal Court of Canada, you won’t be able to introduce new evidence unless there are exceptional circumstances. You’ll be limited to the materials and evidence already provided in the initial application. If you are successful at this stage, your application will be sent back to be reconsidered by a new officer. It’s important to work with an experienced lawyer who can help you navigate the process and maximize your chances of success.
Alternate Dispute Resolution
If you’re facing an immigration appeal, you may have the option of pursuing Alternative Dispute Resolution (ADR) to streamline the process. ADR can be initiated by your lawyer or selected by the Immigration Appeal Division (IAD) if the case appears to be a good candidate for early issue resolution. During the ADR meeting, any relevant issues can be addressed and potentially resolved, but if the Minister’s Counsel does not agree to allow the appeal, the case will proceed to a full hearing at the IAD. This process can provide a more efficient and effective way of resolving immigration appeals.
Fortune Law’s Experience with the Immigration Appeal Division and Federal Court
If you are facing challenges with spousal sponsorship appeals or other types of appeals, our legal team can assist you. Our team has a proven track record of success in handling various appeals, and we have also gained valuable experience in litigation at the Federal Court of Canada. Don’t hesitate to contact us to discuss your situation and explore the appeal options available to you. We are committed to providing personalized legal solutions tailored to meet your unique needs and goals.
Contact us for a Consultation About your Desire to Immigrate to Canada
Don’t put your immigration process on hold. Reach out to us for a consultation to discuss your specific needs and desires to immigrate to Canada. Our team will guide you through the entire process and work towards achieving your desired outcome. To get started, simply call us at +1-236-880-6826 or click the button below to fill out our online form and one of our representatives will be in touch with you shortly.
FAQs
Spousal sponsorship is a program that allows Canadian citizens or permanent residents to sponsor their spouses or common-law partners to come and live with them in Canada.
A spousal sponsorship appeal is a process through which an individual can challenge the decision made by the Immigration, Refugees and Citizenship Canada (IRCC) to refuse the spousal sponsorship application.
Some common reasons for spousal sponsorship application refusal include not meeting the eligibility criteria, providing insufficient documentation, and failing to demonstrate the genuineness of the relationship.
A lawyer can help with spousal sponsorship appeals by providing legal representation, reviewing the refusal decision, gathering evidence, preparing legal arguments, and attending the appeal hearing to advocate on behalf of the client.
The timeline for a spousal sponsorship appeal can vary, but typically, the appeal hearing is scheduled within six to twelve months of filing the appeal. However, it may take longer if there are backlogs or delays due to COVID-19.