Remember, both the sponsor and the principal applicant are being assessed, so in fact there are two ways you can be refused:
Sponsorship Application Refusal Reason I: The sponsor is found to be ineligible and thus receives a letter or email explaining why.
At this point you have a decision to make:
- Withdraw the application, OR
- Proceed with the application which you are allowed to do. If you choose to proceed with the application will be sent to a processing office for further review.
You may feel that your economic situation is going to improve if that is the reason given.
You may feel that dependents living abroad will not be joining you and the principal applicant in Canada and so your minimum necessary income is not as high as IRCC has determined it to be. (See Chapter 12 for the LICO income levels that are used to financially evaluate Sponsors.)
This is a key decision and one you should consult with a professional to get advice as to how to proceed or even whether to proceed despite your deemed ineligibility as a sponsor. Essentially you must have confidence that the reasons for your ineligibility are going to change soon or can be successfully appealed.
Sponsorship Application Refusal Reason II. The principal applicant or dependent children are found to not meet the requirements and are refused their permanent residence application.
- IRCC will send a refusal letter or email to the applicant (or dependent child if they are refused).
- IRCC will also send a letter or email to the Sponsor informing them of their right to appeal along with a copy of the refusal letter sent to the principal applicant (if applicable).
- If a dependent child is found inadmissible then the principal applicant cannot apply for permanent residence. Inadmissibility is usually based on 3 categories of reasons why you will not be allowed into Canada under any conditions whether as a visitor or permanently:
- Security reasons – espionage, violence, terrorism, human rights violations etc.
- Criminal reasons – criminal or organized crime activity
- Medical reasons – medical conditions that endanger public health and safety.
- When a child is found ineligible, the IRCC will send a letter to the principal applicant informing them of this as well as a copy of the letter to the sponsor. If a dependent child is found ineligible then the principal applicant can apply for permanent residence if they drop the ineligible child from their application. Ineligibility is less severe than inadmissibility and means that the children do not meet the definition of dependent children.
IMPORTANT: In the letter sent to the sponsor IRCC will explain that ineligible dependents cannot file an appeal or have an appeal filed on their behalf by the sponsor because being found ineligible is NOT a refusal. Therefore any appeal filed by the sponsor on behalf of ineligible dependents will be responded by a motion of non-jurisdiction with the Immigration Appeal Division (IAD).
In other words, filing an appeal on behalf of an ineligible dependent is a risky strategy and one that would require professional advice.
You may apply for rehabilitation for past criminal activity. You should consult with a professional before doing this, but you can find detailed information about rehabilitation how to apply for criminal rehabilitation in this article.
If the principal applicant is found ineligible, then they do have the right to appeal.
III. Right to Appeal a Sponsorship Application Refusal
The sponsor can appeal a refusal of permanent residence for the principal applicant (and in some cases their dependent children) to the Immigration Appeal Division (IAD).
However, the sponsor does NOT have the right to appeal in the following cases:
- The principal applicant is already in Canada (yes, that means that inland applications cannot be appealed)
- The applicant is inadmissible due to:
- Security concerns
- Violating Human or international rights
- Serious criminality
- Organized criminality
- The applicant is refused on the grounds of misrepresentation, UNLESS the applicant is the spouse, common-law partner, or child of the sponsor.
- The sponsor discontinued or withdrew the sponsorship application. This is very important to remember – if you think you, the sponsor, will want to appeal any negative decision because you believe your spouse/partner/child has a strong case then do NOT withdraw the application.
IV Refund of Right of Permanent Residence fee
Finally, if you have already paid your Right of Permanent Residence fee and your application is refused, then you should go here to fill out a web form and ask for a refund of your Right of Permanent Residence fee. In the form you should include:
- Your full name
- Date & Country of birth
- Application number (the principal applicant should normally have this as long as their application has been processed – as mentioned in the previous chapter, you receive your application number when you receive your AOR)
- Client number or UCI (if you know it or have one)
- A copy of the official receipt for payment of fees (It’s best to make several copies when you print your receipt – if not then make a clear legible photocopy of the original printed receipt that you included when you submitted your application)
- If you have signed a Right of Appeal then include a copy of that as well.
Why use us?
- We’re accurate. You can relax, knowing your application is right.
- We’re alert. We’ll monitor your application through every step of the process.
- We’re advocates. We’ll deal with the government and handle all correspondence on your behalf.
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