Sponsorship Appeals in Canada: Understanding the Process

If the IRCC has refused a Canadian citizen or permanent resident’s request to sponsor a close family member to immigrate to Canada, the sponsor may file an appeal to the Immigration Appeal Division (IAD) of the Immigration and Refugee Board in Canada (IRB).

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Or Call Us: 1-(888)-509-1987

Do you need help with your Sponsorship Appeals to the Immigration Appeal Division (IAD)?

Call us toll-free or take less than a minute to fill our Online Assessment for Your Visa Options.

As a Canadian citizen or a permanent resident, you are eligible to sponsor the application for permanent residence of a family member who is a foreign national.

If your application is denied by the Immigration, Refugees and Citizenship Canada (IRCC), then you can file a sponsorship appeal to the Immigration Appeal Division (IAD).

You are required to file an appeal within 30 days of receiving the refusal letter.

Why Would Your Sponsorship Application Get Denied?

Your application to sponsor a family member can be denied on the following grounds:

Misrepresentation, for example, your family member has been discovered providing forged documents, falsifying identity, etc.
Security Grounds, for example, your family member is found guilty of espionage, subversion, violence or terrorism
Serious Criminality and Criminality, for example, your family member has committed a crime that is punishable with an imprisonment term of 6 months up to 10 years
Organized Criminality, for example, your family member is discovered to be engaging in smuggling, prostitution, etc
Human or International Rights Violations, for example, your family member is convicted of Crimes Against Humanity and/or War Crimes

Who is Eligible to File a Sponsorship Appeal?

You can file a sponsorship appeal on the following grounds:

The initial decision or refusal was unlawful or incorrect
There was a violation in procedural conduct, for example, you were not given an opportunity to present your case properly, etc
The request to evaluate humanitarian and compassionate considerations (H&C) were not considered

How to File a Sponsorship Appeal?

If your application to sponsor a family member gets denied, then you can file an appeal to the IAD. The process is as follows:

Your application for sponsorship gets denied
You file an appeal with the IAD within 30 days
An IAD decision-maker considers the appeal, which can have two outcomes:
- Your appeal is denied
- Your appeal is allowed
If the appeal is allowed, then it goes to the IRCC who can either:
- Grant a permanent resident visa to your sponsored family member
- Reject the application for the above-listed reasons

What Other Options Do You Have?

If the IAD finds that your appeal can be resolved without a hearing, they may use the method of Alternative Dispute Resolution (ADR).

If your appeal goes to the ADR, you have to attend an informal meeting with the Minister’s counsel and a member of IAD.

You or your immigration litigation lawyer can also request for an ADR.

You do not need to attend a hearing if your appeal is resolved through an ADR.

In all other cases, a hearing will take place, where the IAD will decide whether to allow or dismiss the appeal.

Who is Not Eligible for Sponsorship Appeals?

You will be denied the right to file a sponsorship appeal if the person you are looking to sponsor is found inadmissible to Canada and they are deemed an Inadmissible Family Member on the following grounds:

Misrepresentation
Security Grounds
Serious Criminality or Criminality
Organized Criminality
Human or International Rights Violations

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Why Is It Necessary to Seek Legal Representation?

Has your Canadian immigration application been rejected? Have you been refused entry to Canada or is it much worse?

Treated unfairly by the Canada Border Services Agency (CBSA) or the Immigration, Refugees and Citizenship Canada (IRCC), by a tribunal or by an immigration officer?

Distressed over your situation? Is a family member involved?

There can be hope for almost every negative situation on an immigration-related decision.

Your current outcome is not definitive, it can be challenged.

Under Canadian immigration laws, almost all refused applicants have the right to seek judicial review of their immigration challenges. Most foreign nationals, permanent residents and most sponsors also have rights to appeal their cases.

At My Visa Source, our experienced immigration litigation lawyers have successfully represented our clients in front of The Federal Court and the four divisions of the Immigration and Refugee Board (IRB).

Immigration is a complex process that requires strong legal strategy, precise paperwork, and perfect attention to detail and experience dealing with immigration officials and government departments, reducing the risk of wasted time, money or permanent rejection.

We take on cases with regular circumstances to ones that are very complex. Our processes have been honed to streamlined efficiency over a decade with a team who are happy, experienced, understanding, patient, cooperative, careful, neat, thorough, and easy to work with. Communication with our clients is one of the keys to our success.

Why Contact My Visa Source?

With over a decade of helping people from over 120 countries on Canadian immigration matters and litigation.

You can judge for yourself the reputation of our immigration law firm. Just Google, “My Visa Source” and see for yourself.

Contact us and let our immigration litigation lawyers quickly find out about every detail, and sequence involving your situation, so that we can move forward on your behalf.

Begin with our one-minute online assessment form or speak with an award-winning immigration lawyer over the phone, or in-person at our downtown Toronto and Vancouver offices.

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My Visa Source made the process of my partner’s PR a breeze. We did run into an issue in the beginning as my partner initially started his PR progress with the intent of going through his work to get his PR. There were some difficulties that ended up leading us into doing his PR through common-law sponsorship, which ended up being a blessing in disguise as we were appointed a new Lawyer & team.

Harley Jensen was very much on top of everything from quick replies to our emails and if we ran into any difficulties she would always set up a phone call to ease us through the process. There was another lovely lawyer by the name Natasha who was also helping us through some difficulties.

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Because we were applying through common-in-law sponsorship, my team was Harley and Natasha, an amazing team! We worked for about 4-5 month on the file to make sure everything needed was there. And even though they usually respond within 2-3 business days, by the last portion before submission, our emails were responded by the minute, which we really appreciate as it helped to speed up the process significantly.

Even though our contract with the firm ended with the submission of our application, they left the door open for further questions we may have about what's coming next with our application, which is a big support for us, and we really appreciate (as now we have a long road ahead before a final answer from IRCC comes).

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Planning on entering the United States or Canada this year or in 2025? Avoid potential issues by consulting with a licensed immigration professional. Book a consulation today!

Sponsorship Appeals in Canada: Understanding the Process

Why Would Your Sponsorship Application Get Denied?

Who is Eligible to File a Sponsorship Appeal?

How to File a Sponsorship Appeal?

What Other Options Do You Have?

Who is Not Eligible for Sponsorship Appeals?

Why Is It Necessary to Seek Legal Representation?

Why Contact My Visa Source?

See What Our Clients Are Experiencing

Overall Planned Canadian Permanent Resident Admissions

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Planning on entering the United States or Canada this year or in 2025? Avoid potential issues by consulting with a licensed immigration professional. Book a consulation today! Learn More

Sponsorship Appeals in Canada: Understanding the Process

Why Would Your Sponsorship Application Get Denied?

Who is Eligible to File a Sponsorship Appeal?

How to File a Sponsorship Appeal?

What Other Options Do You Have?

Who is Not Eligible for Sponsorship Appeals?

Why Is It Necessary to Seek Legal Representation?

Why Contact My Visa Source?

See What Our Clients Are Experiencing

Overall Planned Canadian Permanent Resident Admissions

Your Source For Everything Immigration

Media

SUBSCRIBE TO OUR IMMIGRATION MAGAZINE

Planning on entering the United States or Canada this year or in 2025? Avoid potential issues by consulting with a licensed immigration professional. Book a consulation today!