4 Tips to Prepare for Your Spousal Sponsorship Refusal Appeal

Let's face it, living away from your spouse as an immigrant can be difficult. However, the great thing about Canada is that the IRCC allows citizens or permanent residents to sponsor their spouses to live and work in the country. This is a rigorous and time-consuming process that can often end up in rejection. Luckily, you can appeal for a reassessment. Here are some steps to help you prepare for your spousal sponsorship refusal appeal. 

A woman filling out a form


What are the Common Reasons for Sponsorship Refusal?

Before we get into the appeal process, let's look at some common reasons applications are refused. 

1. The CIC officer believes that the relationship was not genuine. They arrive at this conclusion based on the documents provided. 

2. The CIC officer feels that the marriage was entered for immigration.

How to Appeal?

1. Keep Deadlines in Mind

One of the first things to remember is that you can file your appeal only within 30 days from the refusal notice. Anything later than this will not be entertained. Another thing to remember is that you will need to submit all documents and evidence 20 days before the hearing date. 

2. The Appellants Record

When preparing the case, an "Appellant's Record" will be created. This document contains a cover sheet, index, legal submissions, affidavits, documents supporting the case, medical reports, letters of support, and other supporting documents. 

A judgement scale and gavel


3. Take Your Time To Review The Minister's Record Carefully. 

You don't have to re-submit any documents that have already been provided in the record. Next, when preparing the Appellant's Record, ensure to present your document in an organized manner. It can be highly frustrating for the decision marker to sift through papers to find a particular piece of information. 

4. Hearing at the Immigration Appeal Division

This hearing is like a cross-examination. The process begins with your lawyer asking you questions to clarify your position and address the issues raised in the Minister's Record. Then the Minister's Representative will do the same. 

If you're looking for a professional lawyer to guide you, Nanda and Associate Lawyers Professional Corporation have got you covered. They have a team of knowledgeable and experienced Canadian immigration lawyers who'll review your application and provide the proper assistance to increase your success rate.

For more details, book a consultation today!



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