A Step-by-Step Guide on Appealing a Rejected Family Sponsorship Application

Canadians can sponsor family members to come and live, study, or work in Canada. The IAD (Immigration Appeal Division) is the IRB (Immigration and Refugee Board of Canada) department that handles immigration matters, including family sponsorships, appeals, residency obligations, and more.

It’s not guaranteed that every family sponsorship appeal will be successful. Some appeals often get rejected. Let’s take a detailed look at what family sponsorship is, who’s eligible to sponsor a family member, why appeals are rejected, and the process for appealing a rejected application in Canada.

 

Family Sponsorship in Canada

The Canadian government encourages individuals living in Canada to unite with their families and immigrate to the country. Due to this, Canada facilitates people working or studying abroad to come to Canada, sponsored by a family member already living here. There are certain requirements that a person needs to fulfill before they are allowed to sponsor a family member from abroad. Let’s take a look at them here:

Eligibility Criteria for Sponsoring a Family Member

A person planning to sponsor their family member must fulfill the following criteria:

· They are of legal age (18 years or older)

· They are Canadian citizens (or a permanent resident)

· They are registered as an Indian under The Indian Act

· They can prove they’re not getting social assistance unless they have a disability

· They can prove they are financially stable and independent and can support another person and their dependant’s needs

· If a Canadian citizen is living abroad and wants to sponsor their family member in Canada, they must ensure they plan to settle in the country once the sponsored family member arrives in Canada or becomes a permanent citizen.

· They must not have a criminal record with a violent crime

If all of these conditions are met, the chances of a successful family sponsorship appeal are very high.

Reasons for Rejected Family Sponsorship Appeals

There could be multiple reasons why a person’s family sponsorship application is rejected. The reasons could include:

Ineligibility to Sponsor

A person who doesn’t fulfill the criteria for being a sponsor may see their sponsorship application rejected. This could be because of multiple reasons, like not having enough resources, not being financially stable, having defaulted on a loan or credit account, having a criminal record, etc.

Ineligibility for being Sponsored

For a successful family sponsorship appeal, the family member you’re planning to sponsor must also be eligible to be sponsored. There is a set criterion for sponsorships. For example:

· You can’t sponsor your fiancé; only your lawfully wedded spouse can be sponsored under the common law

· You can’t sponsor a person with a criminal history because they can be a threat to the society

· You can’t sponsor a person with a serious medical condition

Fraudulent Marriage

Sponsoring a spouse is much easier than sponsoring another family member under the family sponsorship program. However, this also means a lot of people try to cheat their way into getting a person to immigrate to Canada.

Due to this, the Canadian government evaluates a person’s documents, like the marriage certificate, the date of their marriage, and every other legal aspect that determines whether the marriage is legitimate or not.

 

Mistakes in the Application

Mistakes in your family sponsorship appeals, like missing documents, inaccurate details, and other stuff, can also result in the rejection of the family sponsorship appeal.

A person is legally required to state truthful information regarding their family members before becoming a permanent resident. If any misinformation is found, it can lead to the rejection of the application and even a lawsuit if a person is found to have deliberately lied on their application.

The necessary information the sponsor needs to provide is the list of all their family members, criminal records, financial reports, income, and more. The person being sponsored also needs to provide their criminal records, health certificates, list of family members, and other relevant information. 

Permanent Resident Not Residing in Canada

If you’re a permanent resident of Canada but don’t reside in the country, your family sponsorship application will be rejected. This is because only Canadian citizens can sponsor a family member while they reside abroad to ensure they’ll be back in the country when the family member arrives or becomes a permanent resident.

Appealing a Rejected Family Sponsorship Application

Sometimes, you may think you fulfill all requirements, but your application may still be rejected. You may be making a mistake you are unsure of, or there might be a problem with your application. Consulting an immigration lawyer can help you.

There is a step-by-step process to appeal your rejected family sponsorship application. Let’s take a look at it here:

1. Filing the Appeal Notice

After receiving your rejection letter from the IRCC (Immigration, Refugee, and Citizenship Canada) officer, you have 30 days to file for an appeal with the IAD. The rejection letter specifies the reasons for rejection. To appeal the rejected application, a person needs to submit:

· A copy of the rejection letter

· The appeal notice form

The documents need to be sent to the IAD office in your state. If you’re mailing the documents, make sure the delivery date is within 30 days for the appeal. If the documents are received after the allotted period, the appeal notice won’t be considered, and you’ll have to submit another family sponsorship agreement from scratch.


2. Receiving the Appeal Records

The IAD requests the Minister for your appeal record after receiving a successful appeal notice. The appeal record has all the information regarding your application. The Minister must provide you and the IAD with your appeal record within 120 days.

3. Having Alternate Dispute Resolution Conference

The IAD might ask you to schedule a meeting between you, your lawyer, the Minister’s lawyer, and an IAD official. The meeting is only applicable in certain scenarios.

This meeting aims to clarify the issues due to which the application was rejected. All parties try to reach a settlement in this meeting to avoid taking the case to hearings or trials.

4. Scheduling a Hearing Date

In the event of a case not requiring an alternate dispute resolution meeting or if a settlement can’t be reached among all the parties involved, the next step is to schedule a date for a court hearing. The person filing the appeal can testify in front of an IAD panel on the day of their hearing.

After a date has been set for the hearing, you’ll receive a notice for appearance approximately 4 weeks before the hearing. This notice contains information like the hearing's time, place, and objective.

If you have a lawyer, the IAD will contact them to set the date and send the notice. If not, they’ll communicate directly with you.

5. Preparing the Documents

After a date has been set for the court hearing, the next step is to start preparing the documents you should have to back your case. This also includes the witnesses you’re planning to use. All documents must be valid, translated into English or French by a professional translator, and be in a condition that is presentable in court.

A copy of your documents must be sent to the minister’s lawyer and the IAD at least 20 days before the court hearing.

6. Attending the Court Hearing

Make sure you, as well as your witnesses, arrive at the place of the hearing before time and are fully prepared. The person who’s appealing generally testifies first and answers questions asked by their lawyer, the minister's counsel, and the board members. The witnesses will also follow a similar pattern.

After the questioning is complete, both parties must submit an oral or a written final argument that backs their case. The IAD board member will consider all the answers and information and decide whether or not your appeal should be allowed. You will receive the decision within 60 working days after the hearing date.

7. The Decision

If your appeal is allowed, the decision to reject your family sponsorship application by the IRCC office will be overturned, and your application will proceed. In case it’s not allowed, you can consult your lawyer for further actions you can take or if you should file a new application from scratch.

Applying for family sponsorship or appealing for a rejected application can be tedious. You should hire an experienced immigration lawyer to help you along every step of the process. If you’re looking for an immigration lawyer in Canada, Nanda & Associate Lawyers can help you.

They have a team of qualified immigration lawyers who deal with all kinds of immigration issues, including family sponsorship applications and appeals. Moreover, they also have civil litigation lawyers, personal injury lawyers, business lawyers, and more. They offer services in Toronto, Mississauga, and Brampton.

Book a meeting with them today.

Disclaimer: This article is only intended for educational purposes and shouldn’t be used as a substitute for legal advice.

 

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