Sponsorship Applications
Did you receive a spouse sponsorship refusal letter from Citizenship and Immigration Canada (CIC)? If you have recently received a parents sponsorship refused letter, do not be discouraged.
A refused sponsorship application can be appealed based on specific considerations. You and your immigration lawyer can file an appeal if you have reasons to believe that the immigration officer made incorrect decisions by refusing your application. The reasons may range from them acting unfairly, beyond their jurisdiction or against the law.
Making an Appeal for Sponsorship Application Refusals
Spousal Sponsorship
Spousal sponsorship applications are typically filed from within Canada to the Alberta Case Processing Centre, Vegreville. If you receive a spousal sponsorship refusal, you have a period of 15 days to file an appeal to the Federal Court of Canada.
For spousal applications from outside Canada, you have the additional option of making an appeal to the Immigration Adjudication Division (IAD). The IAD hears cases with immigration officer’s review errors and also those filed on compassionate and humanitarian grounds. Once the appeal has been filed, it can take many months or even over a year to be dealt with your case. It is recommended to consult with lawyer for visa application rejected.
Parent Sponsorship
Parent and grandparent sponsorships are generally filed from outside Canada.
Common Reasons for Canadian Family Class Sponsorship Application Rejection
- Once an immigrant receives permanent residence in Canada, they generally sponsor their spouse, dependent parents, grandparents, and children to come and live with them in Canada. Applying for permanent residence through family sponsorship is a detailed process where it is vital to make sure that all immigration rules are carefully followed. Otherwise, the sponsorship application can be denied.
- Sponsor’s Ineligibility – if the minimum eligibility requirements to be a sponsor is not satisfied by the permanent resident or Canadian citizen who is sponsoring his family members, the application is liable to be refused. Being an adult with minimum income requirements, zero financial defaults, and intention to continue residing in Canada are some of the conditions that the sponsor needs to fulfill. (spousal, conjugal partner or common-law partner or dependent children sponsorship does not require fulfillment of financial requirement) Clean criminal record and not being a recipient of government social assistance are other factors which the sponsor needs to fulfill.
- Ineligible for being sponsored – Lack of fulfillment of basic eligibility requirements of the family member being sponsored can also lead to the refusal of sponsorship application. Parents, grandparents, dependent children, common-law partner, conjugal partner, and married spouse are eligible to be sponsored. They also require to have a clean criminal background check, should pose no security concerns and should not possess major health issues.
- Sponsor not residing in Canada – if the Canadian citizen is not living in Canada, they cannot initiate or follow through on the sponsorship application. Being a Canadian citizen, applications from outside Canada are allowed if they can demonstrate that they will be living in Canada once the family member receives sponsorship.
- Failure to declare family members and deciding to sponsor them in the distant future can lead to a refusal of their sponsorship application. At the time of applying for permanent residence, if the family member was not included as family, they are ineligible to be sponsored to Canada as a permanent resident.
- Any misrepresentation of facts can render the sponsorship application invalid. As per Canadian immigration laws, accurate and true facts are to be mentioned in all application and supporting documentation. If any deliberate or accidental misrepresentation occurs, the application can be denied.
- If any spousal sponsorship application looks similar to marriage fraud, the application can be rejected. All details of the marriage relationship such as the date of commencement of relationship, marriage ceremony, and other aspects are probed to make sure the relationship is indeed real and not a fraudulent one.
- If you happen to receive a sponsorship refusal letter, spend sufficient time to review it and figure out the actual reasons for the rejection. Based on the immigration consulate where the application was filed, there will be certain options available to you.
- It is recommended to connect with a knowledgeable immigration lawyer who can understand your case and craft a suitable strategy to achieve successful outcomes.
How We Can Help
Having a capable and qualified immigration lawyer by your side will help you to determine the best strategy to get that coveted sponsorship for your loved one. Experienced Lawyer for spouse sponsorship, parent sponsorship will help you to understand and respond with an application to reapply or appeal against a sponsorship visa refusal.
Connect with Nanda & Associate Lawyers today to know how you can sponsor your parents or spouse with a new or existing application appeal. Our experienced and knowledgeable team of lawyers and immigration consultants will assist you in reuniting you with your family and enabling you to have a secure life with your family in one of the most developed nations in the world.