GLOBE IMMIGRATION

If your spousal sponsorship application has been refused, you still have options. At Globe Immigration, we understand how devastating a refusal can be—especially when it affects your ability to reunite with a loved one in Canada. With over 15 years of dedicated experience in Canadian immigration law, our firm has successfully assisted clients in appealing sponsorship refusals and navigating the complex legal processes required to secure a second chance at family reunification.

What Is a Spousal Sponsorship Appeal?

A spousal sponsorship appeal is a legal process that allows a sponsor—who must be a Canadian citizen or permanent resident—to challenge the refusal of a sponsorship application by Immigration, Refugees and Citizenship Canada (IRCC). Appeals are made to the Immigration Appeal Division (IAD) of the Immigration and Refugee Board of Canada (IRB).

The IAD will examine whether the decision to refuse the application was legally and procedurally correct. The appeal process gives sponsors the opportunity to present new evidence and legal arguments to support the legitimacy of their relationship and their right to sponsor their partner under Canadian law.

Who Is Eligible to Appeal?

You are eligible to appeal a spousal sponsorship refusal to the IAD if:

• You are a Canadian citizen or permanent resident.
• You submitted a sponsorship application under the Family Class for a spouse, common-law partner, or conjugal partner.
• Your application was refused by IRCC.

You are not eligible to appeal to the IAD if the refusal was based on any of the following:

• The sponsored person has been convicted of a serious criminal offence (punishable by a sentence of 10 years or more).
• The sponsored person is found to be a security risk or has ties to organized crime.
• The sponsored person has violated international human rights laws.
• The sponsored person has been found inadmissible due to misrepresentation (in most cases).

Note: If the application was made through the Inland Sponsorship Program, you cannot appeal to the IAD. The only available recourse is to request a judicial review at the Federal Court.

Common Reasons for Refusal

IRCC may refuse a spousal sponsorship application for a variety of reasons, including:

• Genuineness of the Relationship: IRCC doubts whether the relationship is authentic or formed primarily for immigration purposes.
• Insufficient Documentation: The application lacks strong supporting evidence to prove the legitimacy of the relationship.
• Misrepresentation: Inaccurate or misleading information was included in the application, whether intentional or not.
• Admissibility Issues: The sponsored partner is deemed inadmissible due to health concerns, security issues, or a criminal record.

Understanding the exact reason for the refusal is crucial in building a strong appeal strategy. At Globe Immigration, we conduct a detailed review of your case and guide you on the best course of action.

Step-by-Step Guide to the Spousal Sponsorship Appeal Process

1. Notice of Appeal
   You must file a Notice of Appeal with the IAD within 30 days of receiving the refusal decision. This is a strict deadline, and failure to file on time can result in a loss of appeal rights.
2. Minister’s Appeal Record
   Within approximately 120 days, you will receive the Minister’s Appeal Record, which includes all documents and reasons related to the refusal. This is a critical step in building your appeal case.
3. Alternative Dispute Resolution (ADR)
   In certain cases, the IAD may schedule an ADR conference. This is an informal meeting between you, your legal representative, and the Minister’s counsel. If both parties reach a resolution, the appeal can be allowed without the need for a formal hearing.
4. Full Appeal Hearing
   If the matter is not resolved at the ADR stage, a full hearing is scheduled. During the hearing, both the sponsor and the applicant (if present) may be asked to testify. Evidence, documents, and witness testimony are presented to support the appeal.
5. Decision
   If your appeal is successful, the IAD will order IRCC to reprocess your sponsorship application. If the appeal is dismissed, you may have the option of pursuing a judicial review at the Federal Court, depending on the grounds for refusal.

What Happens If You Win or Lose the Appeal?

If Successful:

• Your appeal is allowed, and IRCC is directed to reprocess your sponsorship application.
• This does not guarantee immediate approval, but IRCC must reassess the application, taking into account the IAD’s ruling.

• Your appeal is dismissed. Your legal options may include requesting a judicial review in Federal Court. However, the court does not reassess the facts of the case; it only considers whether the IAD made a legal error.

Why Work with Globe Immigration?

• Trusted Experience: We bring over 15 years of hands-on experience in handling complex immigration appeals.
• Strategic Legal Support: We analyze each case individually, develop a tailored appeal strategy, and ensure all evidence is accurately and professionally presented.
• Transparent Communication: We keep you informed throughout the process and provide honest, realistic advice at every step.
• Client-Focused Representation: Your success is our priority. We work closely with you to ensure the best possible outcome for you and your family.

When your family’s future in Canada is on the line, you need experienced professionals who know the system and can advocate effectively on your behalf.