If you have been denied on your application to sponsor your spouse or partner, your path to challenging that decision depends on whether you submitted a sponsorship application pursuant to the Family Class, or whether you submitted an application pursuant to the Spouse or Common-law Partner in Canada Class.
Shory Law 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?
If you sponsored your partner pursuant to the Family Class (also known as overseas spousal sponsorship), then you have an option to appeal a spousal sponsorship refusal to the Immigration Appeal Division of the Immigration and Refugee Board of Canada. You typically have 30 days from the date you receive the notice of refusal to file your Notice of Appeal.
If you sponsored your partner pursuant to the Spouse or Common-law Partner in Canada Class (also known as an in-land spousal sponsorship), then you have the option to pursue an Application for Leave and Judicial Review at the Federal Court of Canada. You typically have 15 days from the date you receive the notice of refusal to file your Application as these decisions are often rendered in Canada.
What Can I Expect to Happen if I Got to the Immigration Appeal Division or Federal Court of Canada?
Spousal sponsorship applications are assessed on the basis of the bona fides of the relationship as outlined in section 4 of the Immigration and Refugee Protection Regulations:
- 4 (1) For the purposes of these Regulations, a foreign national shall not be considered a spouse, a common-law partner or a conjugal partner of a person if the marriage, common-law partnership or conjugal partnership
- (a) was entered into primarily for the purpose of acquiring any status or privilege under the Act; or
- (b) is not genuine.
When you are before a hearing at the Immigration Appeal Division, you are being granted an opportunity to fill in any gaps or issues raised at any interviews conducted, as well as with any documentation that may or may not have been provided. You are allowed to present new evidence that may have been missed with the original application or that arose after the application was submitted. At the Immigration Appeal Division, a successful outcome often means that your partner can continue with the processing of their permanent residency application to success.
At the Federal Court of Canada, however, you are not allowed to bring in new evidence, except in very exceptional circumstances. Instead, you are often bound to whatever materials and evidence was provided in the original application. If you win at the Federal Court of Canada, your application will be sent back to a new officer for reconsideration.
Alternate Dispute Resolution
Alternative Dispute Resolution (ADR) is a pathway for more efficient resolution of files before the Immigration Appeal Division. Sometimes, your lawyer can ask that a file be considered for ADR if it is found that certain issues can be addressed early on in the entire process. However, the IAD also has a system in place to select files that qualify for the same. If the Minister’s Counsel does not consent to allow the appeal at the end of the ADR meeting, the file will continue to the Immigration Appeal Division for a full hearing
Shory Law’s Experience with the Immigration Appeal Division and Federal Court
Our legal team has studied and succeeded with a variety of appeals, including spousal sponsorship appeals. We also have litigation experience at the Federal Court of Canada. Contact us regarding your situation to discuss your appeal options further.
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What is the process in starting a sponsorship appeal?
If you are appealing the refusal of an overseas spousal sponsorship you must file a Notice of Appeal with the Immigration and Refugee Board of Canada’s Immigration Appeal Division within 30 days. If you are filing the refusal of an inland spousal sponsorship you must file an Application for Leave and Judicial Review at the Federal Court of Canada within 15 days of when you receive notice of the decision.
How long does a spousal sponsorship appeal take?
If you are appealing the refusal of spousal sponsorship decision, the waiting time depends on a number of factors including any backlogs at the Immigration Appeal Division or Federal Court of Canada. Contact Shory Law to receive qualified guidance and direction with regards to updated processing times for scheduling refugee hearings and interviews.
Can I sponsor my spouse if I am a permanent resident and not a Canadian citizen?
Yes, you can sponsor your spouse or partner for spousal sponsorship. However, ensuring you meet all the eligibility requirements, including the minimum necessary income requirement, is important.
What are the chances of winning my spousal sponsorship appeal?
The chances of winning your appeal depend on a number of factors including the facts of the case and the evidence available to corroborate and respond to any concerns of the visa officer. Contact Shory Law to receive qualified guidance and direction with regards to assessing your spousal sponsorship refusal.
Can I sponsor my same-sex partner for spousal sponsorship?
Yes, as long as you meet the necessary criteria and provide the required documentation, you can sponsor your same-sex partner.
Can I work in Canada while my spousal sponsorship application is in progress?
As the sponsored spouse or partner in Canada, you may be eligible for an open work permit during the application processing period. This permit allows you to work for any Canadian employer.
What are the financial obligations and responsibilities of a sponsor?
As a sponsor, you are responsible for financially supporting your sponsored spouse or partner in Canada, ensuring their basic needs are met. This includes signing a sponsorship undertaking, a legally binding agreement to provide financial support for a specified period, usually three years from their permanent residency.
How can Shory Law help me with a refused spousal sponsorship application?
We have years of experience in successfully handling refused spousal sponsorship applications. We can provide expert representation before the immigration authorities, review the reasons for refusal, develop a strategic approach to address the concerns, gather additional supporting evidence, and guide you through the appeal or reapplication process.