What is a Spousal Sponsorship Appeal, and How Does it Work?

Preferred Immigration Services Inc.
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If you applied for spousal sponsorship and the IIRC denied the application, you can apply for a spousal sponsorship appeal to appeal the decision.

Immigration Refugee and Citizenship Canada (IRCC) has a strict application process for granting spouses married to Canadians their permanent residence. However, there are many reasons they may deny a spousal sponsorship application.

If the IIRC rejected your spousal sponsorship application, one of our experienced immigration consultants can help you decide whether a spousal sponsorship appeal is the right decision for you.

How to File a Spousal Sponsorship Appeal

If the IRCC denied your spousal sponsorship application, you have two options:

  1. Re-apply
  2. File a spousal sponsorship appeal

The experts at Preferred Immigration Consulting will review your application to understand why the IIRC denied it. We will also make sure that your second application meets all of the IRCCs’ requirements.

If you decide to appeal your application, it is critical to understand that if you lose the appeal, you will no longer be able to sponsor your spouse ever again. 

Talking to a professional to ensure that you make the right choice on whether to re-apply or appeal the decision.

We recommend filing a spousal sponsorship appeal only when the application contains all the necessary documentation. The IRCC rejects many applications because of missing information. Therefore, if you submitted an application and the IIRC rejected you because the application was incomplete or you had missing documents, you should not appeal your application. 

You cannot appeal a decision if the IIRC rejected the application for one of the following reasons:

  • A criminal offence
  • Violation of human or international rights
  • Involvement in organized crime

How Do I Start an Appeal?

An applicant has 30 days to file a spousal sponsorship appeal after receiving a rejection letter from the IRCC. Therefore, when you receive your refusal letter, it is critical to speak to a professional about your application immediately.

To start an appeal, the sponsor must attend the appeal without an immigration lawyer. The minister’s counsel representing the IRCC also attends. If the minister allows the application to return to the IRCC for processing, the appeal process continues. If the IAD’s decision is unfavorable, you must appeal the decision to the Federal Court of Canada.

Before deciding whether a spousal sponsorship appeal is the right decision for you, speak to one of our experienced immigration consultants to understand your options. We know the spousal sponsorship process and help guide you down the right path to make the best decision for you. and give you the guidance you need throughout the process.

Apply for Your Spousal Sponsorship Today

Preferred Immigration helps people succeed and begin their new journey. We help our clients overcome any challenges during the spousal sponsorship application process. We also help clients file spousal sponsorship appeals if the IIRC denies their application.

We will look at the reasoning behind why the IIRC denied your application and help you decide as to whether you should re-apply or appeal the decision. We can also help you through every step of the immigration process, from evaluating eligibility, documentation for the application, and final acceptance. We make the application process a smooth and easy one. applying for a visa, spousal sponsorship, or anything in between, we can help. You don’t have to go through this process alone. Preferred Immigration is here to make the process an easy one.

For more information about applying for spousal sponsorship in Canada, click here.