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 jurisdiction 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.
President & CEO
Michael Niren
Mr. Niren is CEO of VisaPlace LLC and the President and Managing Partner of VisaPlace Legal Canada, an immigration law firm based in Toronto, and VisaPlace Legal US a law firm registered in The District of Columbia, USA. Mr. Niren is a graduate of Osgoode Hall Law School in Toronto, a member of the Law Society of Upper Canada, the Canadian Bar Association’s Citizenship and Immigration Section, American Lawyers Association, and an Associate Member of the American Bar Association.
