Spousal sponsorship allows loved ones to be united with one another in Canada so they can have access to a better life. The process of sponsoring your loved one to gain permanent residency in Canada can be long and tough. This is due to the fact that each year, the government of Canada receives many applications by individuals like you who are trying to bring their spouse to Canada through sponsoring them. The process becomes even more difficult when the application is refused by Immigration Canada.
Application Is Refused But You Don’t Know Why?
Your application can be refused for various reasons such as:
- Your spouse has a criminal record
- Marriage is not genuine
- Not financially able to support
- You may have sponsored someone else
We Know How It Feels!
It is very disappointing when the spousal application is refused, especially after waiting for so long to finally hear a decision that is not in your favour and we understand that.
If the application to sponsor your spouse is refused, that does not mean that there is nothing else you can do? Immigration Canada has created options for you where you can appeal your case or start a brand new application.
What Is An Inland Application?
Inland application is when you applied for spousal application from within Canada, which allowed your spouse to remain in Canada while the application was processed. If this applies to you and your application was refused, then you lose the right to appeal and your spouse has to leave Canada.
This does not mean that you are unable to start the process again; this just means that the application for spousal sponsorship can be made from overseas. It is usually recommended that the application or the appeal be made from overseas as the processing times are much lower compared to making an inland application.
What Is An Overseas Application?
If you made an overseas application regardless of whether you were in Canada or outside of Canada, receiving a negative decision on your spousal application does not mean that it is the end of your application process.
The benefit of overseas application is that it gives you the right to appeal your case. Moreover with the overseas application you can choose to start a new spousal sponsorship application if you wish not to appeal.
Which Is Better?
This depends. However, starting a new application, in most cases, is a better idea with regards to the processing times, as a new application will take less time as compared to appealing your case.
Appealing Your Case?
If you choose the route to appeal your case, the appeal has to be filed with Immigration Appeal Division and it has to be filed within 30 days of receiving the negative decision on your application.
The Immigration Appeal Division hears appeal cases and makes the decision of refusing your appeal or granting your appeal. The decision is based on the evidence you provide with regards to why your spousal sponsorship was refused in the first place.
With Immigration Appeal Division, you are able to tell your story and this gives your application a face. Moreover this gives you a chance to show why your spouse should be allowed permanent residency in Canada.
It is in front of the members of the Immigration Appeal Division that you have the chance to convince the members as to why the application should not be refused.
Appeals At IAD
Appeals in front of the Immigration Appeals Division can take up to two years to receive a date of hearing. At the hearing both the spouse and sponsor are usually present, but most important the sponsor is present and gives a testimony in front of the members along with providing any evidence that the Immigration Appeals Division has asked for.
You’re Not Alone!
Going through this process can be tough, especially when you have little knowledge of the law. Immigration law can be very complicated as there are many things that can be overlooked. Thus having a professional guide you through the process a long the way can be very assuring. Especially when it comes to Immigration Appeal Division, having a representative with you there can provide you with a sense of relief, as they are aware of the procedure.
At Akrami & Associates, we have experienced immigration representatives that will guide you through the whole process and help you attain the result you desire.