Many people believe that getting marriage is sufficient for their spouse to come to Canada and become permanent resident. Unfortunately, this is not always the case, Immigration Refugee and Citizenship Canada (IRCC) will sometimes deny a spousal sponsorship application for several reasons, some fair, others not so much. While we prefer making the initial application for people, if they face a denial, the spousal sponsorship appeals lawyers at Kahane Law Office help.
If denied an application, the sponsor has two options, re-apply or file an appeal through the Immigration Appeal Division (IAD) of the Immigration and Refugee Board in Canada (IRB). Spousal sponsorship appeals lawyers are an important part of the appeal process for most clients.
Re-Applying To Sponsor A Spouse
Whether they apply on their own or with the help of our legal team, clients prefer a successful application the first time. If denied on the first application, the sponsor can always re-apply. However, as IRCC keeps the file on the previous refusal and refers to it on a second application. It is crucial to explain all of the discrepancies found in the previous application. Our immigration lawyers help ensure that second applications meet the standards required by the IRCC.
Appeal or Re-Apply?
It is important to understand the impact of appealing versus re-applying. Should the appeal option be chosen, the sponsor must understand that losing the appeal will result in the sponsor no longer being able to sponsor his or her spouse ever again given that the Immigration Appeal Division has already decided on this matter. Spousal sponsorship appeals lawyers help you make the right choice by examining all the facts.
It is recommended to only appeal if the spousal sponsorship application in situations where the application’s preparation was completed correctly. Further, the application contained all relevant documents and information requested by IRCC. Often people submit incomplete applications which results in refusals. Refusals which are the result of incomplete applications should not be appealed, instead the sponsor should consider re-applying. Should a sponsor face a second application refusal, the sponsor always has the option of appealing that second refusal.
Who Can Appeal?
Spousal sponsorship appeals allow you to appeal to the IAD if you are a permanent resident or Canadian citizen who made an application to sponsor a spouse or common law partner to immigrate to Canada. The appeal process is open to you if you made a appliation and the application was refused by Immigration, Refugees and Citizenship Canada (IRCC).
Who Cannot Appeal?
In some situations, denied spousal sponsorship applications lack opportunity for appeal. A sponsor may not appeal to the IAD if the application was denied for one of the following reasons:
A serious criminal offence;
Due to violation of human or international rights; or
Due to involvement in organized crime.
How To Start an Appeal?
After receiving the refusal letter from the IRCC, the sponsor has 30 days to appeal to the Immigration Appeal Division. Hence, it is important to seek legal advice immediately. You lose this ability even if you never knew or understood that the 30 day time limit to appeal existed.
How Is The Appeal Process?
The appeals process involves two parties. Firstly, the sponsor appealing decision attends without without an immigration lawyer. Secondly, the Minister’s counsel (representative) representing IRCC also attends. Sponsorship appeals that the Minister allows will generally result in the application’s return to the IRCC for further processing. The process continues as normal. If the IAD’s decision is negative, you must then appeal that decision to the Federal Court of Canada.
Since Federal laws govern immigration in Canada, our spousal sponsorship appeals lawyers are able to represent clients from around the world. We facilitate client meetings, for those living aboard or live in other Canadian cities via email, Skype and telephone. Fear not if you lack the ability to come to our office.
Getting Help With Spousal Sponsorship Appeals
We love the opportunity to help clients bring their loved ones to Canada. Our immigration lawyers prefer to make sure the original submission for spousal sponsorship is correct the first time. When someone applied on their own and face a denial, it is even more important to retain an mitigation lawyer to help you to appeal. Call today to facilitate your reuniting faster. Call us today at either Alberta location. 780-571-8463 for our Edmonton, Alberta location or 403-225-8810for our Calgary, Alberta location or you can reach us too-free at 1-877-225-8817. Email helps avoid phone tag, so, as an alternative, please email us directly here.