Edmonton Appeal Lawyer For Your Spousal Sponsorship Immigration Refusal
Citizenship and Immigration Canada (CIC) maintains the right to refuse applications for sponsorship issued by Canadian citizens or permanent residents to sponsor immigration of their close family members. If your spousal sponsorship has been refused, you can appeal to the Immigration Appeal Division (IAD) of the Immigration and Refugee Board of Canada (IRB). It is strongly suggested to have a lawyer on your appeal.
A sponsorship appeal is a legal process and immigration lawyers are trained and experienced in how to challenge a refusal.
At our law office we have over 10 years of experience as an immigration lawyer in Edmonton. If you are looking at appealing a spousal sponsorship refusal, or any other immigration law issue, call today!
How Do I Appeal for Spousal Sponsorship Refusal – And Should I Get A Lawyer?
Firstly – yes, talk to a lawyer. Right away.
The sponsor or their lawyer should file the appeal to the Immigration Appeal Division within 30 days of the refusal. Talk to a lawyer immediately upon learning of the refusal.
In some cases, spousal sponsorship appeals may involve the alternative dispute resolution process (see below).
The appeal may be allowed to make the original decision void, in which case the CIC resumes the processing of sponsorship application. However, in some cases the CIC may refuse the appeal on other grounds, and the appeal can be taken directly to the IAD. Ultimately, the CIC will reflect the decision made by IRB. Your lawyer will help you make these decisions of how to proceed.
In cases where the CIC refuses and you appeal to the IRB, either the sponsor, or the Minister of Citizenship and Immigration may apply to the Federal Court of Canada for permission to review the judicial decision made by the IRB. It is then the Federal Court of Canada’s decision to dismiss or return the application to IAD for re-hearing. Again, you should have a lawyer throughout this process.
What Is Alternative Dispute Resolution (ADR)?
The ADR is suggested by the IAD, which only happens for certain cases. The ADR involves the Minister’s counsel and sponsor to work with a dispute resolution officer who is assigned by IAD to discuss and potentially resolve the case. The dispute resolution officer will clarify the case to both parties and encourage them to agree on the impending decision. Once the ADR is successful, no further hearings are needed.
When Can I Not Appeal for Spousal Sponsorship Refusal?
Spousal sponsorship refusals are rare, but may occur for a number of different reasons. Talk to a lawyer. In some instances, sponsors are not allowed to appeal once their family members are deemed inadmissible in Canada. The inadmissibility might be because of:
- Serious criminal offence that is punishable in Canada by imprisonment of two or more years.
- Any involvement in organized crime.
- For national security reasons.
- Violations of human and/or international rights.
- Misrepresentation – applies to the spouse, common-law partner, or child of sponsor.
Should I Get A Lawyer?
You are strongly encouraged to have a lawyer on any spousal sponsorship refusal.
At our law office, we have helped many Canadians connect with their families on Canadian soil by helping them successfully appeal their cases. As each case is unique it is important to make sure your paperwork and case is made strong to help your spousal, common-law partner, or child become admissible in Canada.
Call Edmonton Immigration Lawyer Today!