Spousal Sponsorship Appeals and other Family Sponsorship Appeals
If you applied to sponsor your spouse, dependent child, parent or other relative and your application was refused, you may be able to appeal the rejection.
Respond to IRCC within 30 days or lose your right to appeal
Who Can Appeal an Application
You can appeal any outland sponsorship application (i.e. your spouse or parents were outside of Canada when you submitted the application) provided you and the sponsored person(s) met the eligibility requirements. This means you can only appeal if your application was refused at the discretion of the officer; if your application was refused because you the sponsor was ineligible to sponsor, or your spouse (or parents) was ineligible to be sponsored, then you cannot appeal.
You cannot normally appeal a refused inland sponsorship application. The appeal process is intended for for outland applications only. If your inland sponsorship application was refused and you think you have grounds to challenge that rejection, contact us.
You may have been ineligible to sponsor if you:
- were under 18 years of age when you submitted the application to Immigration, Refugees and Citizenship Canada;
- were not a Canadian Citizen, Registered Indian or lawful Canadian Permanent Resident at the time you submitted the application to IRCC;
- did not live in Canada at the time you submitted the sponsorship application if you were a Permanent Resident (or, if you were a Canadian citizen living outside of Canada, you failed to demonstrate that you would move to Canada);
- failed to sign or submit any of the required application forms and declarations that are part of the process, including the undertaking;
- failed to demonstrate you can financially support the sponsored person(s);
- signed an undertaking for an earlier spouse or common-law partner and it's been less than 3 years since they got their permanent resident and
- they receive social assistance for a reason other than disability, or
- you are in default of an undertaking, an immigration loan, a performance bond, or family support payments;
- are an undischarged bankrupt;
- were convicted of an offence (a sex crime, a violent crime, or assaulting or threatening to assault a relative - depending on when it occurred);
- were sponsored as a spouse yourself and landed as a permanent resident of Canada less than 5 years ago;
- are under a removal order (i.e. a departure or deportation order);
- are in jail;
- are awaiting a decision on your sponsorship application and you submit a new one before the decision has been made.
Our fees are on a case-by-case basis, but Immigroup's retainer usually starts around $3,500. A consultation costs $150+HST and will be credited towards the retainer fee.
Provided you are eligible, it is your right to appeal through the IAD and you do not have to pay the government for this right. However, if you choose to appeal through federal court, court fees will apply.
To discuss your options for a sponsorship appeal, contact us for a consultation. We can determine your eligibility to appeal as well as discuss how you can prove the decision should be overturned.
Immigroup will assist you throughout the entire appeal process from start to finish, including:
- Determining your eligibility to appeal;
- Submitting your Notice to Appeal (if you have not done so already);
- Determining the likelihood of success of your appeal;
- Helping you figure out how to prepare for whichever type of hearing you are assigned;
- Scheduling and rescheduling your hearing (if necessary);
- Helping prepare your testimony;
- Helping you gather your documentation and call witnesses (if applicable);
- Arguing your case;
- Determining the best way to proceed once the outcome of your appeal is reached including additional avenues for appeal if your initial appeal is refused.
- Common Mistakes on Sponsorship Applications
- Work or Study in Canada while waiting for your sponsorship application to be approved - Updated for 2016
- Top 10 Additional Things to Include in Your Sponsorship Application
- How to Ace Your Sponsorship Letter
- Income Requirement for Spousal and other Family Sponsorships
- Education Requirements for Sponsorship
- Get a Family Sponsorship Document Checklist
- When to do an Overseas vs. an Inland Spousal Sponsorship Application
- Your Guide to Same Sex Sponsorship in Canada
- What does a spousal sponsorship appeal look like?
- Top 7 Reasons to Use a PreNup
- Divorce Rates of Canadian Couples versus people who mary foreigners
- What happens if your sponsored spouse disappears?
- What are the limits to sponsorship liability?