Canada offers sponsorship programs that will allow your partner or family member to immigrate to the country and have permanent residency. Part of the entire process includes submitting an application, providing paperwork, highlighting the strengths of your sponsored individual, and having an interview.
Problems may occur when your application for the sponsorship program gets denied. If this happens, you may be wondering what you should do next. Fret not, as you can still file a sponsorship appeal through the Immigration Appeal Division (IAD).
In this article, we’ll cover the eligibility of sponsorship appeal. Keep on reading as well to know what to do and what to expect.
What to know about sponsorship appeal
When the Immigration, Refugees, and Citizenship Canada (IRCC) denies an application for family sponsorship, it doesn’t allow a Canadian citizen or permanent resident to sponsor a family member to immigrate to Canada. When this occurs, you may file an appeal through the Immigration Appeal Division (IAD) of the Immigration and Refugee Board in Canada (IRB). However, before going for this route, consider the following:
- Who can appeal: Only permanent residents or Canadian citizens are allowed to appeal to the IAD if their visa application was denied by the IRCC.
- Who cannot appeal: A person found to be inadmissible to Canada isn’t allowed to file an appeal. One can be considered inadmissible to Canada due to serious criminality, such as more than six months of imprisonment, organized crime, and violation of human rights, to name a few.
What to do to start an appeal
It’s worth knowing that you have 30 days to appeal to the IAD after receiving the denial letter of your sponsorship application, and the forms submitted will then be given for reevaluation. You will have to submit the following forms:
- Notice of Appeal form
- Copy of the CIC refusal letter
How to get your appeal ready
Upon receiving your appeal, there are a handful of possibilities that you can expect before the hearing date, such as:
- An IAD officer may get in touch with you to get additional information for your appeal.
- The IAD will request the appeal record from the Minister within 120 days. This record contains all the information related to the decision made in your sponsorship application.
- The IAD may suggest for your appeal to be scheduled for an alternative dispute resolution (ADR). ADR is an informal meeting between you, the Minister’s Counsel, and an IAD officer only for appropriate cases.
The final step of the sponsorship appeal
The last part of the process is the actual hearing. You may come in with or without a counsel. Know that the documents, witness information, and interpretation needs must be received at least 20 days before the actual hearing.
After the hearing, expect to receive a decision in about 60 days. Your appeal may either be allowed or dismissed. Should this be denied, your last resort is to appeal your case to the Federal court.
We hope this article has shed some light on what you need to know about the process of sponsorship appeal in Canada.
If you are looking for a certified immigration consultant in Toronto to guide you with your sponsorship appeal, get in touch with us today to see how we can help!