ND Paralegal Services

Sponsorship Appeal

If you sponsored a family member whose application for permanent residence was refused, you may be eligible to  appeal that decision to the Immigration Appeal Division (IAD) in order to explain why the visa application for sponsorship should be granted. This is known as a sponsorship appeal (subsection 63(1) of IRPA).

Again, there are some persons who cannot file an appeal of a refused sponsorship application. This includes sponsors of applications for permanent residence involving persons who are inadmissibility to Canada on grounds of security, human or international rights violations, certain serious criminality, organized criminality or misrepresentation.

If you are a Canadian citizen or a permanent resident of Canada, you will be able to file a sponsorship appeal to your spouse and dependent children at the Immigration Appeal Division if your sponsorship application was denied by IRCC.

If your sponsorship appeal is rejected, it is a good idea to contact ND Paralegal Services and get legal help. I can:

  • tell you  about what your best options are, and
  • help you choose the best option.

We may also be able to help you take steps to challenge the decision. For example, we may be able to help you appeal to the IAD( Immigration Appeal Division).

There are many circumstances that you may not be eligible to sponsor your family members, and you may not be able to appeal at the Immigration Appeal Division. We will analyze your circumstances and will provide you advice if you are able to appeal your sponsorship rejection to the Immigration Appeal Division.

You cannot appeal if the person you sponsored was found inadmissible to Canada because of:

1) Serious criminality, which is defined as having:
– been punished in Canada by a sentence of six months or more of imprisonment, or
– been convicted of an offence outside Canada that would be punishable in Canada by a maximum term of imprisonment of at least ten years, or
– committed an act outside Canada that would be punishable in Canada by a maximum term of imprisonment of at least ten years.

2) Organized crime
3) Security grounds
4) Violations of human or international rights, or

Misrepresentation (unless the person you sponsored is your spouse, common-law partner, or child)

Immigration and Refugee Protection Act S.64 specifies the circumstances under which a foreign national, their sponsor or a permanent resident loses their right of appeal. If a foreign national or permanent resident is determined by an officer or the Immigration Division to be inadmissible on grounds of security, violating human or international rights, serious criminality or organized criminality, they do not have a right to appeal to the IAD.

Misrepresentation

If you fail to disclose the fact in any Canada immigration applications, it will be considered misrepresentation. It may find you inadmissible to Canada.

You should note that providing accurate and complete answers is the most important part of getting into Canada.

You may think its a minor mistake, however mistake is taken very seriously and it has a long-lasting consequences.

Some factors to measure Genuineness of Marriage in Family Sponsorship.

​Some important factors to assess the genuineness of a relationship consist: the length of time parties have known each other prior to the marriage, any age difference; their formal marital history; their respective financial and employment situations; their family backgrounds; their knowledge of one another; family connections in Canada; and prior attempts by the sponsored spouse to gain entry into Canada.

Reasons for getting rejection Sponsorship applications

1. Ineligible to sponsor

It is important to note that simply being a permanent residence of Canada or Canadian citizen does not make you eligible to sponsor your family member. You must fulfill the minimum requirements to become a sponsor. You should be an adult residing or intending to reside in Canada post completion of the sponsorship process.

2. Ineligible to be sponsored

The family member being sponsored must fulfill the basic eligibility requirements applicable to all permanent residence applicants. This is to ensure ineligible individuals don’t bypass mandatory requirements and obtain permanent residence in Canada through family sponsorship.

Only certain types of relatives are eligible for Canadian family sponsorship. One of the most frequent questions we are asked is “Can I sponsor my fiance(e)?” The simple answer is no. Engagement is not sufficient to be eligible for family sponsorship. However, you may meet the definition of common-law or conjugal partner with your fiance (e). If you don’t, you’ll have to wait to apply for sponsorship until after you are officially married.

One who is a security risk, guilty of human right violations, does not have a clean criminal record, or has significant health problems might not be eligible to be sponsored by a Canadian citizen or permanent resident. This restriction applies even to individuals who are otherwise eligible to sponsor except for the fact that their family member(s) don’t fulfill the eligibility requirements for sponsorship.

3. Permanent Resident Living Outside Canada

Sponsorship is not permitted when the sponsor is residing outside Canada. While Canadian citizens can initiate the sponsorship process even when residing outside Canada, a permanent resident’s application for sponsorship will be denied for this reason. The sponsorship application by the citizen will be allowed only if he/she proves intent to reside in Canada one the sponsored family member receives permanent residence.

 

4. Undeclared Family members

Sponsorship is not permitted when the sponsor is residing outside Canada. While Canadian citizens can initiate the sponsorship process even when residing outside Canada, a permanent resident’s application for sponsorship will be denied for this reason. The sponsorship application by the citizen will be allowed only if he/she proves intent to reside in Canada one the sponsored family member receives permanent residence.

 

5. Misrepresentation in the Application Form

All parties involved in the sponsorship application—sponsor as well as sponsored family members—are required by law to provide accurate information in the application. Any misrepresentation, accidental or deliberate, shall result in the application being denied.

Since the process requires comprehensive submissions related to personal details, nature of relationship, financial condition, health and medical tests, character certificate and other details, you must take due care to ensure the information submitted to the immigration authorities is true, accurate, and backed by necessary documentary evidence to minimize risk of denial of the application.

 

6. Marriage of Convenience

While permanent residents and citizens are permitted to sponsor their foreign spouse or partner, such an application will be carefully vetted to prevent instances of marriage fraud. The application form requires detailed information about the sponsor’s relationship with his or her spouse or partner including details of commencement of the relationship, description of the solemnization of marriage and other aspects designed to assess the true nature of the relationship.

Unlike other grounds for denial, there is no universal and objective standard for rejection of application on grounds of marriage of convenience. The application must include sufficient evidence that the relationship is indeed genuine to satisfy the immigration officer’s doubts and queries. Be sure to avoid common red flags visa officers look for in spousal sponsorship applications.

 

Hiring a professional

Analyzing the eligibility requirements to determine whether you are eligible to sponsor or be sponsored can be a complicated task. What constitutes a serious health problem or a criminal conviction? Does even a minor DUI offence render you ineligible? How can you impress upon the immigration officer that you have a genuine relationship with your spouse or partner? How can you avoid inadvertent mistakes that may end up being treated as misrepresentation?

Sponsoring your spouse, dependent children, or other eligible relatives can make your stay in Canada more pleasant, enrich their lives by giving them a chance to live and prosper in a developed country, and help Canada gain respectable permanent residents seeking to contribute to the country’s welfare. Seeking assistance from a reputed and experienced legal counsel is the simplest and safest way to minimize chances of refusal or unnecessary delays of your sponsorship application.

 

 

 

Frequently Asked Questions

There are several types of appeals that are heard by the Immigration Appeal Division (IAD) of the IRB:

  • appeals of family class sponsorship applications
  • appeals of removal orders made against permanent residents, Convention refugees and other protected persons, and holders of permanent resident visas;
  • appeals by permanent residents who have been found by a visa officer outside of Canada not to have fulfilled their residency obligation; and
  • appeals by the Minister of Public Safety (representing the Canada Border Services Agency) of favorable decisions at admissibility hearings by the IRB’s Immigration Division.

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