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My Sponsorship Application was Refused. What can I do?

What can you do if your sponsorship application was refused?

Q. I received a letter from Canada Immigration that my immigration application for sponsorship of my wife was refused. What should I do now?

A. Depending on what immigration office or consulate that you specifically you filed your original sponsorship application, you may have some options. If you filed your sponsorship application in land meaning that it was filed from within Canada, then you can appeal the refusal to the Federal Court of Canada.

Appealing sponsorship application refusals

In-Canada sponsorship applications are usually spousal sponsorships (parental and grandparent sponsorships are filed from outside Canada). These sponsorships are originally submitted to the Case Processing Cenre in Vegriville, Alberta. Generally, you have 15 days to file your Appeal to the Federal Court for In-Canada Sponsorships. The Federal Court Judge will review the negative decision and determine if there was an error or law or fact made on the part of the immigration officer.

If you filed your spousal sponsorship application overseas, then you also have the option of appealing the refusal to the Immigration Adjudication Division or IAD. The IAD is a “court of equity” which means that it has jursidication to consider not only errors of law or fact but also humanitarian and compassionate factors as well. At IAD hearings, you, as the sponsor, and your spouse, as the applicant, can give testimony about your relationship and other facts about the case.Whether your appeal is filed with the Federal Court or the IAD, be prepared to wait many months and sometimes over a year for your case to be dealt with.

How to avoid sponsorship application refusals

The “best medicine” when it  comes to immigration application refusals is prevention. Make sure that before filing your sponsorship application,  the application is properly prepared and well-documented. It is always recommended that you consult with an immigration lawyer to ensure your case is in good shape. You may just save yourself a great deal of money and stress that would result from a refusal of your application that could have been prevented.

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About Michael Niren

Michael is a graduate of Osgoode Hall Law School in Toronto. He is a member of the Law Society of Upper Canada, the Canadian Bar Association’s Citizenship and Immigration Section and the Associate Member of the American Bar Association. Read more

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55 thoughts on “My Sponsorship Application was Refused. What can I do?

  1. malou

    Hi, I just applied on 1st week of september for spousal sponsorship inside canada and prior to my application i had a humanitarian and compassionate ground application that was just refused, the H&C application was made before i got married. I am married witn a canadian citizen and with one daughter.. Is my H&C refusal can affect my current Spousal application??Thanks

    Reply
    1. Immigration Lawyer (rachel)

      Hi Malou,

      Thank you for contacting us at VisaPlace! We cannot know for certain whether your previous refusal will affect your current application without knowing the details of the initial denial.
      Hiring an immigration lawyer will help you get answers to all of your questions, plus it will increase the chance of getting a visa approved. Please, complete this form for me http://www.visaplace.com/immigration-assessment/ it is just a quick and easy way for me to learn more details about your situation so that I will be able to advise you accurately and determine the best avenue for us to take to give you the best legal advice.

      The above response is for informational purposes only and does not form a lawyer-client relationship nor should it be construed to be legal advice.

      Reply
  2. Mani

    Hi, I am working here in Canada under Post grad work permit and from past 3 years I applied visit visa twice to my wife and kid and it got rejected twice and thereby for a change I recently applied Spouse Open Work Permit to my wife and visit visa to my son now in May 2017 they again rejected mentioning
    1 That I didn’t declare in an application about the recent visit visa rejections.
    2. I listed as Single when I applied for a study permit during 2012.
    I would appreciate your expert advice on this specially.

    Reply
    1. Immigration Lawyers

      Hi Mani,

      Thank you for contacting us at VisaPlace! The number one reason applications are denied is when people attempt to apply for a visa without the help of an immigration lawyer. Hiring an immigration lawyer will help you get answers to all of your questions, plus it will increase the chance of getting a visa approved. Please, complete this form for me http://www.visaplace.com/immigration-assessment/ it is just a quick and easy way for me to learn more details about your situation so that I will be able to advise you accurately and determine the best avenue for us to take to give you the best legal advice.

      The above response is for informational purposes only and does not form a lawyer-client relationship nor should it be construed to be legal advice.

      Reply
  3. Neetu Sharma

    Hello Sir,
    Good Day!
    Myself is Neetu Sharma & i m from India. I have filed my Business visa application but the canadian ambassador rejected it without giving me any chance to clear my side. It is very shocking to me as my case was very strong. My all required documens are too strong. Please advise me how to reapeal or what to do now? Please call me at 9814670703.

    Appreciating your cooperation in advance.

    Thanks & Regards,
    Neetu Sharma
    9814670703

    Reply
    1. Muga Rajbhandari

      Hello Neetu. Contact us to make an appointment to talk with one of our immigration professionals who will be able to look at all the details of your rejection and plan the best strategy for you. You can book an appointment by calling us at 1-416-410-7484 or online at http://goo.gl/JFZqPm
      Regards, Muga

      Reply
  4. lorriane

    Hi, my sponsorship application still on d process, they asking me for a b-cert one of my dependant child who is still on outside d canada, I put my child’s name like Bryan Alex Santos in my application, but on his late registered b-cert is indicating Bryan Alex Cuneta. His fatherless, Cuneta is my surname, Santos is his father surname as I remember, but I write ds in my application. Can CIC will refuse my application cuz I put different surname from application to his b-cert? Thank u..

    Reply
  5. Lea

    Hellow, my boyfriend lives in Canada, we are planning to get married next year meanwhile I am thinking of applying for a tourist visa just to see each other (I will be back to my home country once my vacation is over) and people are advising me not to apply for a tourist visa because it might be risky since I will get refused once they know that my boyfriend lives in Canada. (they will think that I will not come back to my home country.) What shall I do? and if I get refused does it affect next year when he starts to make our marital papers to take me to Canada?(after we get civily married)

    Reply
    1. Muga Rajbhandari

      Hello Lea. A visitor visa is one of the most difficult to obtain because the reviewing officer needs to make 100% certain that you will return home after your visit. Many people who attempt to apply on their own, face difficulties. If you can show that you have strong ties in your home country, you stand a much greater chance of visa approval. I am going to suggest that you contact us to make an appointment to talk with one of our immigration professionals who will be able to plan the best strategy for you. You can book an appointment by calling us at 1-855-886-8472 or online at http://goo.gl/JFZqPm
      Regards, Muga

      Reply
  6. Boska

    My husband’s sponsorship was refused and cancelled and the letter says I’m not allowed to re-appeal that our relationship doesn’t look genuine to her. Please what can I do

    Reply
    1. Muga Rajbhandari

      Hello Boska. I am sorry to hear about your denial. I know how frustrating that can be. I am going to suggest that you contact us to make an appointment to talk with one of our immigration professionals who will be able to plan the best strategy for you. You can book an appointment by calling us at 1-855-886-8472 or online at http://goo.gl/JFZqPm
      Regards, Muga

      Reply
  7. Lalaine

    Hi my application for my spouse has been refuse last week reason of the immigration is because i didnt declare him into my application when im provessing my permanent but the time im processing may permanent were not maried yet thats why i didnt include him into my application what is the best thing to do by the way my husband is inland..

    Reply
    1. Vahe Mirzoyan

      Hello Lalaine. Thank you for writing to us. The immigration forms and procedures can be confusing at times because situations change over time. I am going to suggest that you contact us to make an appointment to talk with one of our immigration professionals who will be able to plan the best strategy for you and your husband to receive your spousal sponsorship. You can book an appointment by calling us at 1-855-886-8472 or online at http://goo.gl/JFZqPm
      Regards, Vahe

      Reply
  8. Dhara

    Hi my spouse visa for PR got rejected saying they are satisfied with my spouse job and residence 2)communication detail not genuaun and in letter it is stated we can reapply or appeal in 60days what you suggest

    Reply
    1. Vahe Mirzoyan

      Hello Dhara. I suggest that you contact us to make an appointment to talk with one of our immigration professionals who will be able to plan the best strategy for you. This is not something that you want to take on yourself. You can book an appointment by calling us at 1-855-886-8472 or online at http://goo.gl/JFZqPm
      Regards, Vahe

      Reply
  9. Teva zah

    Hi my boyfriend is living outside of canada and he had been denied a visitor visa for three times now the canadian consulate told him at that point he stand no chance to get it and the only way he can apply again is if we get married and I sponsored him yet I am reading here and there and alot of people are saying that might sound like a marriage fraud for the immigration officer, what is the best way to prevent another refusal?

    Reply
    1. Vahe Mirzoyan

      Hello Teva. It must be very frustrating and disappointing having to deal with an immigration matter as serious as this. A visa denial will stay on your boyfriends permanent record, but that does not mean that all hope is lost. It just means that your boyfriend did not address all the issues properly when he submitted the application. I am guessing that he filled in the applications himself. The forms may look easy but visitor visas are one of the most difficult visas to get because the immigration officers are always looking for evidence that you might not go back home when the visa is finished. We have been practicing immigration law for over 18 years and are considered to be one of the top immigration law firms in the country, and we have seen and fixed cases much more difficult than yours. I am going to suggest that you contact us to make an appointment to talk with one of our immigration professionals who will be able to plan the best strategy for you and your boyfriend. You can book an appointment by calling us at 1-855-886-8472 or online at http://goo.gl/JFZqPm
      Regards, Vahe

      Reply
  10. Melody

    It has been three and a half year since my husband and I have started the sponsorship process. He was deported from Canada two and a half years ago. His first interview in Ankara did not bear a positive answer, so I had to go through appeal. I had the appeal court on November 25th, 2015 and i just got the news from my lawyer saying that the minister (immigration officer) has refused the case. My lawyer says that she has 5 business days to give her submissions and then I will have to wait one or two months to hear from the judge. I am dying. I cannot concentrate on my life any more. What is going to happen now. Please let me know. Can I talk to any mp or any newspaper? I love my husband to deat and it is very unfair when they say my marriage is not genuine. Please help me. Thank you.

    Reply
    1. Vahe Mirzoyan

      Hello Melody. From you have written, you already have legal council who is guiding you through this terrible ordeal. We have been practicing immigration law for over 18 years, and are regarded to be one of the top law firms in Canada. You can see from the reviews on our website that we take on the hard cases and win. If you are interested in having us take over your case, I am going to suggest that you contact us to make an appointment to talk with one of our immigration professionals who can assess your situation and advise on the best strategy to take. To make the appointment you can call us at 1-855-886-8472 or book the appointment online at http://goo.gl/JFZqPm
      Best of luck, Vahe

      Reply
  11. sohail

    hi…my sponsorship case in Canada..in the litter in order to become a permanent under the spouse or common law partner in Canada class you must comply with requirements as specified in the immigration and refugee protection Regulation IRPR subsection 124 a…you have not satisfied me that you are in genuine conjugal relationship therefore your application refused refusal to process your application with in Canada dose not affect your right to appeal. can u plz help me what to do now?ty

    Reply
  12. Rupinder Singh

    I am family class sponsored. My wife PR in canada. I had done my interview. Canda immigration request me for Medical and Police clearance. I was sent then. Both is in normal. Actually this Monday after long time my file status is change to Decision Made. But today after 4th day i have not recieve any mail for PPR. So please help me if u have any information about it.

    Reply
    1. Vahe Mirzoyan

      Thank you for your inquiry Rupinder. I am really glad that you contacted us.

      Do not panic, depending in which visa office your application is being processed at, it will take anywhere from 5-7 business days for you to receive a letter from them.

      VM

      Reply
      1. Rupinder Singh

        Hlo sir,
        Its 5th week start from decision made. Am still waiting for email from delhi immigration of canada. Am so worried about my decision

        Reply
  13. mike

    hello just wanted to ask if i was to send in an application to sponsor my common law partner of 3 years ,would i be eligible to be a sponsor even if i live in low cost housing ,i do have a job and work

    Reply
    1. Mira Freiwat

      HI Mike,

      Thank you for your post. It is possible as long as you are able to have someone co-sign to sponsor with you. MF

      Reply
  14. alex

    after 90 of waiting for sponsorship approval.
    this is what i got from CIC today.
    i need advice please:

    This refers to the Application to Sponsor a Member of the Family Class you submitted to this office on behalf of xxxxxxxxxxx xxxx xxxxx and family (if applicable).

    We have reviewed your application and regret to advise that you are not an eligible sponsor for the following reason(s):
    • You have not submitted an application for a member of the family class. You did not declare the applicant to Citizenship and Immigration Canada on your own Application for Permanent Residence or at the time you became permanent resident of Canada. As such, you do not meet regulation 117(9)(d). Please refer to the Immigration and Refugee Protection Regulations listed below for details.
    • Given this ineligibility issue, we have not reviewed any other sponsorship criteria at this time. In the event the visa officer considers processing the application for permanent residence, he/she will notify this office and a full review of all sponsorship eligibility requirements will be done. You may be contacted for additional information should that occur.

    You indicated on your sponsorship application that you wish to continue with its processing regardless of any ineligibility. As such, the Application for Permanent Residence for your relative(s) has been forwarded to a visa office abroad for consideration.

    Your ineligibility to sponsor will be a significant factor in the assessment of the Application for Permanent Residence for your relative(s). A final decision regarding that application shall be made by a visa officer and will be communicated to you and your relative. Instructions regarding the Right to Appeal will be issued as applicable by the visa office. Please note that the Right to Appeal may only be exercised after the visa officer has rendered a final decision.
    ——————————

    i became a permanent resident in may 2013
    i got married in February 2013

    Reply
    1. owen

      Hello Alex,

      Thank you for the question. I am sorry to hear about the ineligibility you mentioned above. We have helped many people sponsor their relatives to come to Canada and we would be happy to help you do the same by strengthening any aspects of your application that may have led to your current outcome. Please refer to http://www.visaplace.com/canadian-immigration/canada-permanent-residence/family-class-immigration/ for more information.

      Regards,
      Owen

      Reply
  15. haussem

    hi ….
    i get refused today in the interview of sonporship as conjugal partner the reason that i have me and my wife to dont get married are strong we get approved from canada. is there any help please cause my wife really need me near to her on that time we spend now more than one year we dont see each other i feel im not in life.

    Reply
    1. owen

      Hello Haussem,

      Thank you for the question. I am sorry to hear of the refusal you received, that must have been very upsetting. Fortunately, there are still options that you can pursue such as appealing the decision to the Federal Court of Canada, however you should seek the expertise of an experienced immigration lawyer as appeals can be very complex. Fortunately, we have a lot of experience with cases such as yours, and in order to further assist you, please fill out our free online assessment form, and one of our immigration professionals will get back to you shortly http://www.visaplace.com/immigration-assessment/

      Regards,
      Owen

      Reply
  16. Quang

    Hi,

    My application for permanent residence for my wife was refused on March 02, 2014. The reason on the letter states that we did not complete futher medical as requested in April 30, 2013. However, my wife performed a medical Feb 15, 2013 (we have the receipt from the Dr) and also performed the new eMedical in March 07,2014. We received a letter for her removal and we went in for the interview and the officer said that it does not matter what happened with the medical but they CIC did not receive it on the deadline. The office then gave us a Call in Notice for May 22, 2014 and informed us to apply for a passport for my son (18 months) as well. We have a representative for our case and he said he has written a letter to CIC (on Feb 2014) to reconsider re-opening the case but has not received a response. I’m not sure what we should do? My representative said that we can not apply for Federal court until we get Call for removal (or something like that). I’m also worried what going to court will affect my wife case in the future if we have to reapply outside of Canada? What are our options?

    Kind Regards.

    Reply
    1. Sarah Jane MacDonald

      Hello Quang,
      I am sorry to hear that you and your family are going through this. Your question requires the expertise of one of our experienced immigration lawyers. I have forwarded your question along with the email address provided to a member of our Canadian Immigration Team. You will be contacted soon.

      All the best,
      Sarah Jane

      Reply
  17. KIRAN

    HI,
    I filled appeal under IAD in 2012 November from Winnipeg, Still waiting for hearing date. Can you tell me , How long it will take to get hearing date for spouse sponsorship refusal ?

    Reply
    1. Sonia Grewal

      Hello Kiran,

      Thank you for your question. The IAD is backlogged and it is taking about 2 years to get an hearing date. There are always options available to try and get an earlier hearing date. We can help you with that matter if you would like. Please fill in an assessment form at http://www.visaplace.com, if you would like our assistance in this matter.

      Reply
  18. khaja

    Hi, i have applied for spousal sponsorship for my spouse in Aug 2013 and till date i haven’t heard anything from them. i have applied for CAIPS notes which shows they checking with new Delhi office whether i have declared my spouse before i have landed in Canada as PR. Actually i have declared and i have included all the email sent to CHC, new Delhi and acknowledgement of receipt of the Email as i have never received response from CHC, new Delhi for almost 7-10 email sent to them to update my spouse details before i have landed in Canada. Is there anything can be done as spousal sponsorship approval still under process since last 7 months.

    Reply
    1. Michael Niren Post author

      Hello Khaja

      I am sorry about the delay in your spousal sponsorship case. These cases can get complicated. You can email the Embassy but it is hard to get answers. You may want to consider hiring an professional to help with this case to take it to the next level.
      Best
      Michael

      Reply
  19. jo and jo

    Hi,i need some advice, i am married in the philippines and was separated for so many years ended up getting divorce. I remarry in
    Alberta with a canadian at the same time i am in a work permit, my husband wants memto use his surname in all my personal documents as well as passport. My question is this; can we report our marriage to Philippine Consulate General in BC?I want to visit my country Philippines but hesitant due to my passport with my previous surname in it yet some of my documents im using my current husbands surname . Can I travel going back and forth to Philippines and back to Canada without conflicts using or having 2 surnames on my personal records? My husband is sponsoring me for PR…Please advice me…thank you

    Reply
    1. Michael Niren

      Hello Jo and Jo
      Thank you for your question. This is a complicated situation indeed. You may have to prepare an affidavit explaining all this to include with your documentation. You should seek legal advise for this case.

      Thanks
      Michael

      Reply
  20. Dorie Mezydlo

    Keep working, impressive job!

    Reply
  21. Cristina Santa Ana

    I’ve been sponsored by my common-law under Family Class and applied inside Canada and the application is in process. I’m currently at Implied status since I applied for an Open Work Permit together with the sponsorship right before my work permit expired. I applied for a visit visa because we’re planning to visit the Phillipines so I can go back to Canada but the visa application was refused. Whats the best way for me to do so I can go back to Canada after that Philippune visit? Should i reapply?

    Reply
  22. Lourdes Kao

    Hi,

    When I applied for PR in Canada, I included in my application my three children in my home country as my dependent children. However, I got a refusal letter stating that my three children cannot be issued visas because I did not include them in my application. I want to know some information about the appealing procedure. How long will I have to wait and where will I be filing my appeal?

    Reply
    1. Alicia Kim

      Dear Lourdes Kao,

      If your PR application was refused and you wish to appeal this decision, you may appeal to the Immigration Appeal Division in Canada within 60 days of receiving the refusal letter.

      During the hearing, you will be allowed to submit new documentation and submissions to support any additional humanitarian and compassionate arguments. In general, the process can take as long as 6 months or longer, depending on the complexity involved.

      Thank you.

      Reply
  23. naeem

    Hi,

    My appeal to the Federal Court for my spousal sponsorship was refused. Do I have any further recourse?

    Thank you.

    Reply
    1. Alicia Kim

      Dear Naeem,

      Unfortunately, you have no further recourse unless you re-apply with new facts.

      Hope this helps.

      Reply
  24. saeed

    My sponsorship case was refused and I did appeal it to the Federal Court. How long does the Federal Court process take time in Toronto?

    Reply
    1. Michael Niren

      Federal Court appeals can take a number of months to process. For Sponsorship cases, I recommend to file applications from outside of Canada. This way your right to appeal, is with the IAD rather than the Federal Court. The IAD can take into account humanitarian factors whereas the Federal Court can’t.

      Reply
  25. Estephanie

    Hello, Is an appeal allowed to challenge a decision to deny/refuse a temporary working permit application for Canada? If so, How much time do we have to appeal it from the day of refusal. Thank you in advance.

    Reply
    1. Michael Niren

      For appeals for temporary applications, you generally have 15 days after the refusal to file it to the Federal Court. If the appeal is allowed, then the file is sent back to another officer for reconsideration. When this happens, it is usually approved.

      Reply
  26. Alex

    Are there are cases for denial of tourist visas for the US where the sponsor is not a relative but a friend?

    Reply
    1. Michael Niren

      Yes indeed. Visitor visa cases can be denied whether the person asking for the visit is a relative or friend.

      Reply
  27. Michael Niren

    Hi Uddruthi
    Thank you for your detailed post. It is very well thought out and I am sorry for your experiences. In this case it is probably best to seek legal advice for answers to your many questions.
    I do know that many applicants for permanent residence are processed in a fair and respectful manner by Canada immigration.

    Reply
  28. Uddruthi

    My inland application for Landed Residence under the Federal Skilled Workers category was refused in Buffalo after an interview in 2006 with a visa officer who discredited the validity of the one year minimum qualifying work experience that I had from India. I felt that the officer was very hostile and demeaning throughout the interview.

    I had read on immigration blogs afterwords that I wasn’t her only “victim.” She had similarly mistreated other Indian nationals who had applied under the Federal Skilled Workers category and refused their applications as well. In fact I had read the full report of another interview she had conducted with another Indian national last year, in which she had displayed the exact pattern of escalating hostility.

    She had conducted the interview in a very inconsistent manner, in a clearly threatening and condescending tone and her recorded CAIPS notes were inaccurate and dismissive about the basic facts of my education and work experience. She suggested that I was “trying to get away” with things, like not having tax receipts for the period of my employment in India, even though I repeatedly tried to explain verbally to her that I was not required to file taxes for my income bracket in India.

    Having conducted the interview in a belligerent fashion, she then proceeded to refuse my application. I will never forget her face in that last minute of the interview. She visibly struggled to keep the level of unprovoked hostility in her voice under control.

    I found the whole experience of the immigration interview very unnerving and discriminatory experience. I opted to file a Judicial Review appeal and found a lawyer to represent me at the Federal Court in 2006/7. As part of the affadavit, I sought and attached more detailed work experience letters pertaining to the qualifying year in India and clarified that I was not required to pay taxes under the Indian Taxation system by getting notarized copies of the Indian Taxation Act’s relevant portions mailed to me.

    The Federal Court judge did not allow the appeal. Both the government lawyer and the Federal Court judge again displayed levels of hostility/ intimidation during the trial that one would not normally expect from educated people displayed towards strangers. Basically, even though all the evidence we presented pointed to the fact that the officer had made her decision without looking at all the facts and without providing me with the opportunity to furnish information fully, the judge just went for the most simple criterion to base her decision on: even though the judge saw that with the additional documentation I had provided as part of my affidavit, my application would qualify, she said that that information would not be included within the perview of the court’s decision. She therefore upheld the fettered decision that the officer had delivered.

    I am concerned that Canada still prides itself as a country that is welcoming to immigrants when the immigration act itself is open to such restrictive and discriminatory interpretations. Immigrants are defined by the Canadian State as always “other” even if they have been living here for years and made their lives here by studying or working here. The whole purpose of the Immigration and Refugee Act is to ensure that at all points during the application process, the prospective immigrants are subjected to microscopic scrutiny that is invasive and often abusive of their fundamental dignity in a manner that few Canadian citizens would let alone think they could be subjected to, let alone endure.

    I have a Masters Degree in English from a Canadian University. I came here as an international student in 2001 to do a PhD., but that turned out to be a Masters because of a supervisory committee that refused to listen to my concerns. My post-graduate work permit was granted 6 months after application, by which time my employer no longer had work for me. That was the reason why I had to use my Indian cumulative part-time work experience while applying for landed residence under the skilled worker category.

    When I subsequently found another job and the employer requested an LMO, the HSRD gave a negative opinion based on the fact that there are Canadians and PR’s who are eligible to do the job (of teaching English). Most companies specify in their job descriptions that they only prefer those two categories or native speakers of English without accents to teach English.

    Since when are Canadians “native” speakers of English? As far as I know, Canada and India were both colonies of Britian and English is one of the official languages of both countries due largely to the colonial legacy. To consider Canadians as “native” speakers of English is to claim a lineage to Britian in much the same way that Hitler claimed a lineage to the blue-blooded Aryans. The whole nation of Canada is based on this racial/ blood lineage. It is clearly reflected in how the current citizens of the three former colonies that have white majorities – US, Canada and Australia all claim to be “native” speakers of English, and everyone else as a second language learner, no matter how or when or why they came to speak the language.

    My specific questions:

    1. Should I go ahead and try getting a work permit as my prospective employer suggests I should?
    2. Will I need one year or two years of work experience in Canada to re-apply under the Canadian Experience class?
    3. Can I apply under this category even though my two years Master’s degree from a Canadian university is now five years old?
    4. If I get the work permit, will I be able to move back to India and make my application to the Canadian embassy in New Delhi under the Canadian Experience class (the website says its ok to apply under the category even if I move back if I do so within a year of finishing my work experience here).
    5. Will it take longer to get my PR if I just move back to India now and work there for a year and start processing my application under the Federal Skilled Workers category using the year of work experience I will acquire in India?

      (Processing times in New Delhi, a lot of people seem to think, are longer than processing times here, but one lawyer I recently consulted said that the CIC is trying to bring down processing times for skilled worker applications for all visa offices to 6-12 months or so. The reason I am thinking of moving back to India if the processing times aren’t too lengthy is because I don’t want to process another application through the visa office after the experience I had there.

      If it does not really matter where my present qualifying work experience comes from (India or Canada), for the purpose of processing the skilled worker application, then I’d rather move back to India and find a job there without seeking to apply for a work permit here. However, if it does matter that having Canadian work experience over having Indian work experience would significantly improve my chances with my skilled worker application in future, then I will ask my prospective employer to seek an LMO and if it is successful, apply for a work permit. My occupation would still come under the new categories of occupation that are eligible for skilled worker application (4131: College, Vocational and Other Instructors: Language Instructors)).

    6. Will my previous landed residence rejection have a negative impact on my future application?
      Or if I carefully prepare my application after working here or in India for a year, will that be sufficient to ensure success?

    7. Will the fact that I am single woman in my thirties have an impact?
    8. Will my inability to find sustained employment in Canada due to work permit restrictions since my graduation in 2003 until 2008 have an impact, even if I meet the basic qualifying criteria and will be employed full-time in India or Canada at the time of the application’s finalization?
    9. Will the fact that I have a non-degenerative disability that slightly slows my movement on the left side of my body have an impact?
      (The first time I applied for landed, I declared and was examined for my disability and was given a basic pass on my medicals).
    10. Should I ask my prospective employer to go ahead and request an LMO?
    11. Will the HSRD give another negative opinion even if my employer shows them proof that she is only willing to hire me after extensive interviews and failing to find qualified Canadians or PR’s who can teach English for grade 12 and first year university courses, a service that I have volunteered through the years with the student advocacy groups that I am a part of at the university I graduated from?
    12. Is the test of basic eligibility to teach Grade 12 and college level English being a “native” speaker of English as I had previously summarized the term or is it more dependent upon actual academic credentials?
    13. Will my chances improve if she presents all the efforts she has made to find tutors to teach those particular levels?

    Thanks for reading.

    Reply
  29. Michael Niren

    The processing times for IAD Appeals such as Sponsorship Appeals can be lengthy, sometimes over one year. However, in some cases, the IAD may choose to attempt to “settle” the case and hold an Alternative Dispute Resolution (ADR) informal interview. ADR cases can take half the time as regular IAD hearings. At ADR interviews the Sponsor can discuss the case before a Member of the Immigration and Refugee Board and an Appeals Officer. If the Appeals Officer thinks the case has merit, then it could be settled on the spot.

    Reply
  30. johanna

    Hi there! How long does it takes to get a decision from the day from a filling the sponsorship appeal to the IAD?
    thanks

    Reply
  31. Michael Niren

    Hi Johanna

    Generally, Sponsorship Appeals filed at the IAD have a higher success rate than appeals filed to the Federal Court. The IAD is allowed to consider any humanitarian and compassionate factors related to the Sponsorship application whereas the Federal Court is more restricted. Further, the IAD can consider issues and facts arising even after the appeal itself has been filed. However, success at both courts is more likely when the Appeals are properly prepared.

    Reply
  32. johanna

    Michael, do you know what the success rate is for appeals filed at either the Federal Court or the IAD?

    Reply

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