Having your spousal sponsorship application get denied is a frustrating experience for you and your partner. While both of you may feel exasperated, you do not have to worry because you can still apply for an appeal.
Preparing for a spousal sponsorship appeal needs adequate preparation for the case. To learn more about the ways on how to prepare better and increase your chances of winning the appeal, use this article as your guide.
What Are the Common Reasons for Spousal Sponsorship Refusal?
Your spousal sponsorship applications can be rejected for various reasons, which include the following:
- The Cadet Instructors Cadre (CIC) officer concluded that your marriage was not genuine after looking into your supporting documents and interviewing you and your spouse.
- The CIC officer determined that you and your spouse were married primarily for the purpose of immigration.
What Should You Expect at the Immigration Appeal Tribunal?
Both the sponsor and the applicant are required to provide oral testimony at the immigration appeal tribunal.
During the hearing, a representative of the Canadian government will cross-examine the applicant, the sponsor, and other witnesses who are present. This is performed to help the tribunal determine the credibility of the information presented in the application.
The tribunal is a hearing de novo, which means that the tribunal can have a different decision than that of the immigration officer. They may also reassess all the information involved in the case and any new evidence that the applicant and the sponsor want to present. In short, this tribunal is a “brand new” assessment of the sponsorship application.
The tribunal will arrive at a conclusion based on all the documents submitted before the time of the hearing. This is why it is essential to seek the legal assistance of an experienced immigration lawyer. They are more than capable of helping you prepare your evidence to be used at the hearing and increase your chances of winning the appeal.
How Long Does the Appeal Take?
The spousal sponsorship appeal can take more than one year until the tribunal hears your case. It is important to maintain a strong relationship with your spouse from the beginning up until the day of your hearing.
How Should You Boost Your Chances of Winning the Sponsorship Appeal?
The key to increasing your chances of winning the spousal sponsorship appeal is by hiring an excellent immigration lawyer. They will help you get ready for the tribunal by thoroughly understanding your case, collecting all relevant information, and gathering all documents that will be used as evidence to prove that your marriage is real and is not used solely for immigration.
Spousal sponsorship appeals can be complex. Handling this on your own can be tough—and even emotional—which is why you need to have a competent immigration lawyer by your side to help you handle your case.
When choosing a lawyer, look for someone who has experience in handling spousal sponsorship appeals. Doing so will help you boost your chances of success in the appeal process.
If you are looking for an immigration lawyer in Canada, then you can rely on us. Reach out to us to learn more about how we can help you. We look forward to hearing from you!