In this blog, We will be talking about Sponsorship Appeals
One of the best features of Canadian Immigration and a priviledge is to be able to sponsor your family members. There are different categories of family sponsoships, namely:
- Sponsor your spouse, partner or dependent children
- Sponsor your adopted child
- Sponsor your parents and grandparents
- Sponsor your orphaned brother, sister, nephew, niece or grandchild
- Sponsor one relative, related by blood or adoption, of any age, if they meet some conditions.
But what happens when you apply to sponsor them and the Primary applicant and their family members get refused?
Normally, you would have the opportunity to appeal the outcome. Just make sure that on the form IMM 1344 Application to Sponsor, Sponsorship Agreement and Undertaking question number 1, you check proceed with the application for permanent residence.
If the application is refused and you are entitled to an appeal, you, as a sponsor, would also get instructions to appeal at the Immigration Appeal Division(IAD) of the Immigration and Refugee Board (IRB).
You cannot appeal if the person you sponsored was found inadmissible to Canada. This means they are not allowed to come to Canada for one of these reasons:
- being convicted of a crime that was punished in Canada with a sentence of six months or more in a Canadian prison
- committing or being convicted of a crime outside Canada that would be punished in Canada by a maximum prison term of ten years or more
- being involved in organized crime (for example, by smuggling people or laundering money)
- being a security threat (for example, by trying to overthrow a government or taking part in terrorism)
- violating human or international rights (for example, by committing war crimes)
A sponsored person may also be inadmissible if they lied on their application or withheld information. This is called a misrepresentation. However, the IAD may still accept appeals in such cases if the sponsored person is a spouse, common-law partner or child.
It is also important to remember that Spouse or Common-Law Partner in Canada (SCLPC) Class does not have the appeal right to the IAD because it is not part of the family class. It is a class of its own and Immigration and Refugee Protection Act does not provide that right.
It is very crucial for you to note that there is a 30 day deadline from the time your family member receives the refusal letter to file a Notice of Appeal to IAD.
You have the option to represent yourself or to get the help of Immigration Professionals to represent you at the hearing. But having an Immigration Law Professional to represent you at the hearing will benefit you because the process is complex and there are certain rules to follow. You would not want this opportunity to defend your case go into waste. Afterall, it is your family's future which in on the line.
Sometimes, an Early Resolution Officer may contact you and your counsel to gather more information to determine if there is a possibility for your Appeal to be resolved via Alternative Dispute Resolution (ADR). ADR is an informal meeting between you, your counsel (if you have one), the Minister's counsel and the ERO to encourage both sides to agree on a resolution. If your appeal is resolved at the ADR, there is no need for a hearing. If not, a hearing will be scheduled.
As an appealant, you have the duty to convince the IAD Member (decision maker), to decide on your favour and approve your appeal which is a big responsibility. That is why, as Immigration Professionals, We are here to help.
If you need assiatnce with your Sponsorship Appeals, We are here for you. Click contact us below to get started.
