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Canada Sponsorship Appeals
Within 30 days after your application for sponsorship of a spouse, partner, dependent child, parent, grandparent, or other relative is denied, if you are a Canadian citizen or permanent resident, you may file an appeal with the Immigration Appeals Division. Right to file an appeal. (IAD) Immigration and Refugee Board of Canada (IRB).
How To Begin Sponsorship Appeal
After receiving a denial letter, you have 30 days to file an appeal with the IAD. For sponsorship appeal, You must file:
- A completed Notice of Appeal form
- A copy of the letter the sponsor has received from IRCC rejecting their application.
The legal complexity involved in sponsorship appeals is high, so consider legal counsel.
Public access is generally granted to appeal procedures. Any data used for an appeal is publicly accessible and can be included in your decision. Your choices may be made publicly online or available to the media and the public upon request unless a confidentiality order is obtained or there are special circumstances.
What is the process of Alternative Dispute Resolution (ADR)?
There are situations where the sponsorship is appealed through the Alternative Dispute Resolution (ADR) process. Each appeal will be pre-screened by IAD staff, who may decide to refer simple, uncomplicated cases to Alternative Dispute Resolution (ADR). In this instance, a Dispute Resolution Officer (DRO) will assist the appellant and the Minister’s counsel in arguing the case. The purpose of ADR is to resolve issues straightforwardly without needing a full hearing. When both parties can resolve, ADR can help avoid a hearing.
Sponsorship Appeal Process
Sometimes, family sponsorship applications are rejected by the IRCC. This indicates that an application by a Canadian citizen or permanent resident to sponsor the immigration of a close relative to Canada has been rejected by IRCC. The Immigration and Refugee Board (IRB) in Canada’s Immigration Appeals Division (IAD) may hear an appeal on behalf of the sponsor in this situation.
It is not possible to appeal every application that is rejected. In case the application is rejected due to:
A serious criminal offense in Canada is punishable by at least six months in prison.
Fraud, excluding common-law partners, spouses, conjugal partners, and children
Applications that were rejected because they violated international or human rights.
The application was rejected due to his involvement in organized crime.
For security purposes
How Refused Visa Can Help You In a Sponsorship Appeals
If you receive a sponsorship denial, we can immediately submit a Notice of Appeal (NOA). As soon as the appeal begins, we will work with you to gather all the documents needed to resolve IRCC’s concerns.
Additionally, we will help you and your application prepare for the IAD hearing and cooperate with you in gathering, calling, or presenting any witnesses that may support the integrity of the connection or the applicant’s defence.