Sponsorship Appeals

It can be difficult to navigate the immigration system and it can be discouraging to have your sponsorship application rejected. Nonetheless, Canadian applicants can use a sponsorship appeal to contest specific rulings. This manual will offer thorough information on sponsorship appeals covering eligibility typical denials and the ways in which attorneys like CWC can help.

Who Can Benefit from Sponsorship Appeals?

If a family member’s sponsorship application has been rejected Canadian citizens or permanent residents may file a sponsorship appeal. The following groups can specifically gain from this.

Candidates for Spousal Sponsorship

• People whose applications for sponsorship of their spouse’s common-law partner or conjugal partner were denied.

Sponsorship for Dependent Children

• Sponsors who want to bring their dependent children whether biological or adopted to Canada.

Sponsorship by Parents and Grandparents

• Sponsors who applied through the Parents and Grandparents Program (PGP) but had their applications denied.

In these situations, applicants can request a reconsideration of their case by submitting an appeal to the Immigration Appeal Division (IAD).

Who Cannot File a Sponsorship Appeal?

A sponsorship appeal is not open to everyone. The following situations preclude the filing of an appeal.

Misrepresentation

If the applicant or sponsor is accused of making false statements, this will be the basis for the rejection. Cases involving criminal activity, security issues, or human rights violations are examples of cases that are inadmissible for serious reasons.

Application Withdrawal

If the sponsor voluntarily withdraws their application.

Non-Family Sponsorship Applications

Work permits, study permits and other immigration streams unrelated to families are exempt from appeals.

Before filing an appeal, it is essential to comprehend these restrictions.

Spousal Sponsorship Appeal

Husband sponsorships are among the most popular kinds of sponsorship appeals. Reunification with spouses or partners is made possible for Canadian citizens and permanent residents through spousal sponsorship. However, a number of factors may lead to a refusal.

• Fake Marriages: Immigration officials believe that a marriage of convenience is either not sincere or is only being entered into for immigration-related reasons.
• Inadequate Documentation: An incomplete or insufficient demonstration of the legitimacy of the relationship.
• Eligibility Issues: Either the applicant or the sponsor does not fulfill the eligibility standards.
• Inadmissibility: Things like prior sponsorship infractions or criminal records.

How the Appeal Process Works

1. Notice of Appeal: Within 30 days of receiving the letter of rejection, the sponsor is required to file a Notice of Appeal with the IAD.
2. Hearing: In order to examine the case, the IAD sets a hearing date. The applicant and sponsor might be asked to testify and submit more documentation to demonstrate the sincerity of their relationship.
3. Decision: The IAD either dismisses the appeal maintaining the initial denial or permits it to approve the application.

Common Reasons for Sponsorship Refusals

Applicants and sponsors can steer clear of common pitfalls by knowing why applications are frequently denied.

1. Issues with Relationships

• Insufficient proof to support the authenticity of the relationship.
• Red flags such as significant age or cultural differences.

2. Incomplete or Inaccurate Data

• Inaccurate information supplied during the application process incomplete forms or missing signatures.

3. Not Being Able to Pay

• Sponsors who do not pay particularly for initiatives like the Parents and Grandparents Program (PGP).

4. Previous Violations of Immigration Laws

• The application may suffer from prior sponsorship failures or infractions.

5. False Statements or Criminal Histories

• Refusals are based on inadmissibility because of alleged wrongdoing or the sponsor’s or applicant’s criminal record.

The possibility of rejection can be decreased by applicants taking proactive measures to address these problems.

How CWC Can Help?

At CWC Immigration Solutions our area of expertise is offering knowledgeable advice regarding sponsorship appeals. Our team is dedicated to assisting you in effectively navigating the Canadian immigration system which is complicated. While being rejected for sponsorship can be a disappointment, it’s not the end of the story. Do not hesitate to contact CWC Immigration Solutions if your sponsorship application has been denied or if you require help. A well-crafted sponsorship appeal gives applicants the chance to make their case and win approval. Together we will strengthen your argument and turn your desire for family reunion into a reality. Contact us today for a FREE assessment!