The rejection of a spousal, common-law, or conjugal partner sponsorship application is one of the most heartbreaking immigration results. Worse, this outcome typically surprises people, as does the legal test. The good news is that such refusals can be legally challenged.

Spousal Sponsorship applications are demanding and time-intensive. Part of this complication is due to the Canadian government’s cautiousness to approve petitions due to applicants abusing the system’s loopholes.

Often, when individuals apply independently, the application is weak, causing visa officers to be skeptical of the relationship’s authenticity. Almost half of all self-filed spousal sponsorship applications are denied.

Additionally, rejections for Inland Spousal Sponsorship are not appealable, so reapplying is the only way to get another chance for approval. On the other hand, applications for Outland Spousal Sponsorship can be appealed within 30 days, or the judgment will be upheld.

If your application has been refused, contact a competent immigration agency as soon as possible. MODE Immigraiton top-notch immigration lawyers can assist you with your appeal to the IAD or Immigration Appeal Division.

Reasons for Rejection

The high number of refusals is primarily attributable to IRCC (Immigration, Refugees and Citizenship Canada). The agency posts the forms online with instructions but does not provide clear insight into how complex and time-intensive the process could be, especially if the petitioners do it themselves.

For example, a returned application due to inaccurate or incomplete paperwork might cause months of delay. A permanent residency will also not be possible for more than two years. Unless a TRV visa is released before the application refusal, non-visa-exempt spouses will be unable to enter Canada for a minimum of 2 years.

However, even if you fulfill all of the criteria, you may be denied spousal sponsorship if the primary sponsor has a criminal record, poses a security risk, or has violated human or international rights.

Reasons for Filing an Appeal

Here are some of the circumstances making you eligible to appeal a spousal sponsorship rejection:

• Incorrect refusal in law and fact: not utilizing the right forms, wrongly signing and date documents, and digitally signing forms they must sign on paper.
• Violation of procedural fairness or natural justice: the applicant wasn’t given a chance to reply to an officer’s concerns, violating their hearing rights.
• Neglected H&C Considerations: Humanitarian and Compassionate Considerations were not accounted for individuals deserving of permanent residence visas for compelling reasons.

Timeline for the Appeal

• After accepting the decision letter, you have one month to submit a duplicate of the IRCC’s rejection letter attached to the IAD office (either in Montreal, Vancouver, or Toronto).
• Upon receiving the appeal within the first four months, the IRCC provides the appeal record to the IAD member handling the appeal.
• An IAD member may do any of the following actions after reading the sponsorship refusal file and record: