When faced with an IRCC sponsorship rejection, the situation can be both frightening and emotionally taxing. Whether it’s an effort to bring in a spouse, partner, parent, or child to Canada, a turned-away application can lead one to a dead end. However, such situations can be rectified, provided you look in the right places promptly. A professional sponsorship lawyer like Ronen Kurzfeld can assist you with the appeal process, judicial review, or reapplication strategy, helping you transform what may initially appear to be a sudden halt into a renewed chance for success.
Why Sponsorship Applications Are Refused
IRCC is very careful when examining sponsorship applications, particularly those of spouse or family sponsorship. Reasons to be refused are common among:
- A lack of evidence on the authenticity:
Concerns about the authenticity of your relationship or inadequate documentation. IRCC considers aspects such as cohabitation, relationship duration, social compatibility, and cultural differences.
- Paperwork issues or errors:
Applications are often returned or refused if there are problems with the procedure or oversights. This can be outdated forms, missing signatures, or leaving essential sections of the application empty.
- Fairness/interview mishaps:
Refusals may also follow an interview or fairness letter due to a lack of proper evidence submissions or failure to explain the evidence properly.
It is essential to understand the specific reasoning expressed in your refusal letter, which will determine the next course of action.
Understand Your Options After a Refusal
Appeal to the Immigration Appeal Division (IAD)
If you applied to Canada (outland), you may be eligible to appeal to the IAD of the Immigration and Refugee Board (IRB). Within 30 days of receiving a refusal letter, you should file a Notice of Appeal. The appeal can only be made by the sponsor, but not the sponsored individual.
At the hearing, you can introduce fresh evidence and address the reasons for your application being rejected in the first place. The IAD holds a de novo hearing, which means they review the case anew, and they can take new matters not previously raised.
No appeal can be granted when the refusal occurs on grounds of inadmissibility, e.g., serious criminality, involvement in organized crime, breach of human rights, or security considerations.
Inland Sponsorship – No Appeal Available
In cases where both the sponsor and the applicant are in Canada (for inland applications), appeals to IAD are not allowed. When this is the case, you can either:
- Appeal for a judicial review to the Federal Court of Canada.
- Perhaps reapplying or otherwise addressing any fairness letter (in case it is issued).
Judicial Review in Federal Court
Where an appeal is not possible, where your case requires a challenge in court, you can seek a judicial review in the Federal Court. This is done in two steps:
- Leave for judicial review, receiving permission to proceed: The usual deadlines are strict; 15 days in case the refusal occurred in Canada, 60 days if outside Canada.
- In the event of leave being granted, the matter then goes through to full judicial review; here, the court has to judge whether the determination was reasonable, fair, and lawful. If the decision is overturned, the immigration file is returned to IRCC for reconsideration, which may not necessarily result in approval.
The entire process can take months or more than a year. It involves complex legal documents and is expensive, but can be successful if the officer made an error of law or fact.
Reapplying or Submitting a Reconsideration Request
Instances where you were unable to get an appeal or judicial review, or you were seeking an easier option, you might consider:
- Filing a reconsideration application: A voluntary correspondence with IRCC stating the refusal has instances of legal, factual or procedural error. Non-obligatory yet free of cost.
- Re-application: This can be the simplest and most economical solution. You respond to the reasons that were given for refusal and file a more improved and accurate application, particularly where the refusal may not have been based on inadmissibility.
A Guide to Your Next Steps
Below is the suggested structure that individuals responding to a refusal often follow, mirroring your reference article’s structure, but with some changes, explaining what is done after a sponsorship refusal:
- Carefully read your refusal letter: Take note of the reasons; ask for elaboration if necessary.
- Check eligibility to make a further appeal: Ascertain whether the application was inland or outland and whether there were routes for appeals.
- Time is money: File the Notice of Appeal (within 30 days) or judicial review leave within timelines.
- Provide new supporting evidence: Particularly to establish genuineness (photographs, correspondence records, affidavits) or address the flaws in procedure.
- Work on your legal submissions: Stay prepared for your IAD hearing or Federal Court; an immigration lawyer will be able to make sense of the evidence and argument that is required.
- Think about reapplication or reconsideration: If legal avenues aren’t appropriate, or you want to start over fresh.
How Can a Sponsorship Lawyer Help
A lawyer specializing in sponsorship applications can work wonders at every stage of the process:
- Strategic advice: Lawyers help you assess whether to appeal, seek judicial review, reapply or seek reconsideration.
- Meeting deadlines: Failing to take action within the 30-day or 15/60-day deadline ensures you’ll miss the window; your lawyer will help ensure timely filing.
- Evidence collection and framing: It is another matter requiring experience. Competent lawyers understand how to respond to refusals due to weak documents, aiming to obtain evidence that proves the legitimacy of the relationships or answers the IRCC’s questions.
- Representation: At IAD hearings or Federal Court, a lawyer appears to plead your case skillfully and convincingly and refutes the opposition.
- Mitigating: A single error (such as a lack of diligence regarding procedures, completion of forms, etc.) can prove expensive during appeals. These risks are reduced by a lawyer who ensures that the formalities are met.
- Planning options: Your lawyer looks at the big picture. From start to finish, they assess your options regarding reapplication, appeal, judicial review, or reconsideration. Even so, they look at your timelines, evidence, and goals.
Conclusion
Just because you received a refusal, it is not the end of your sponsorship road. You can appeal, challenge or reapply with the correct advice and prompt action. A Sponsorship Lawyer provides you with logistical intelligence, good paperwork, legal representation and comfort in the process.
What you do next involves learning the contents of your refusal letter, understanding the most opportune legal path and taking definitive action. There is always an option to request an assessment if you find yourself facing a sponsorship refusal, as your opportunity to win is closer than you think.
FAQs
- What happens when I am denied sponsorship?
Your first action must be to read the refusal letter carefully. Then, check options like appealing, seeking a judicial review, reapplying, or making a reconsideration. A sponsorship lawyer can advise on any of these. - What is the time limit to submit an appeal against a rejection of sponsorship?
In the case of an application made outside Canada, you normally have 30 days following the date of the refusal letter to appeal the decision. In the case of inland conditions, there is no appeal process; however, it is possible to seek a judicial review at the Federal Court. - May I apply again in case of sponsorship rejection?
You can reapply, yes, after being refused sponsorship. You should also discuss the reasons behind the initial denial in your new request. Additional evidence or other proofs in support of your argument might be required. - Is there a possibility of success through judicial review?
The chances of success in a judicial review are based on whether the immigration officer committed a legal or procedural mistake. A lawyer can assess the strength of your case, but even successful reviews do not guarantee approval; they only ensure it will be reconsidered. - What can a sponsorship lawyer do in case of a refusal?
A sponsorship lawyer will be able to advise you through the appeals process. They help you gather supporting material, make sure that you meet the deadlines, and defend you at hearings or judicial reviews. Their experience gives you the best chances of reaching a successful solution.
