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Spousal Sponsorship Refusals Appeals
What is Spousal Sponsorship Refusal Appeals ?
Spousal Sponsorship Refusals means a Canadian immigration application, in which the Canadian citizen or a permanent resident of Canada has applied to sponsor his or her spouse or partner, has been rejected by Immigration, Refugees and Citizenship Canada (IRCC). This may occur for one reason or the other ranging from incorrect documentation entry in a patient’s record, the patient not meeting the set standards for a certain relationship status and other reasons that the staff feels that the status given by the patient may be fake. A refusal is not good news for couples who want to be together because there is the possibility of an appeal or a new application.
The spousal sponsorship program is Government of Canada’s way of enabling citizens or permanent residents of Canada to bring their spouse, common law partner, or conjugal partner into the country as a permanent resident. However, this application if rejected or denied has the potential of frustrating the spouse from either entering Canada or staying there.
Key Features of Spousal Sponsorship Refusals:
Reasons for Refusal
Incomplete or Incorrect Application: Sometimes they are rejected due to missing documents or when the filled forms are incorrectly filled.
Relationship Concerns
IRCC should not hesitate to believe that a couple is in love if they have evidence of love for each other, though in the above case, the couple has no pictures together, joint bank account, or call logs that could convince the IRCC of their love and intention to get married.
Criminal or Immigration Issues
The application may be refused for applicant or the sponsor if the he or she has previous criminal records or has violated immigration laws.
Ineligibility of Sponsor
Sponsor may be refused if he/she does not meet the income level or if he/she has a record or previous sponsoring of a spouse and then defaulting on the obligation.
Medical or Security Concerns
Any medical conditions or security issues with the sponsored spouse may prevent the application and therefore , it may be refused.
Misrepresentation or Fraud
However, if IRCC feels that there was provision of false information on the application or an attempt to give misleading information then the application will be refused.
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How the Spousal Sponsorship Refusals Appeal Process Works
Step 1
Review the Refusal Decision
Step 2
Check the Appeal Deadline
Step 3
File the Appeal
Step 4
Appeal Hearing (If Required)
Step 5
IAD Decision
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Appealing a Refusal
Reconsideration
If the refusal happened due to an administrative misunderstanding or mistake it may be possible to appeal to have the decision reversed.
Appeal to the Immigration Appeal Division (IAD)
If the refusal has been made and if you think it is unfair, you can seek the second opinion from IAD. This should be accomplished in a certain period of time, which is normally one month.
Reapplication
If desired, the applicant can reapply with a more detailed picture of the employment (and presumably with information about the refusal given).
Effect of Refusals on Future Applications
In its simplest form, a refusal does not necessarily mean that the sponsor or the applicant can not apply the sponsorship again. But evasion or false information may make an application more difficult in the future and it may result to longer processing time or increased scrutiny.
Importance of Evidence
It can’t be overemphasized that there is always the onus of evidence on the applicant to demonstrate that the relationship in the course of the contracted relationship is genuine. Any evidence that asserts both partners – financial records, photos, messages, and affidavits – should be presented when applying because they increase the likelihood of approval and decrease the risk of refusal.
Professional Assistance
To increase even their chances of success in the application, it is recommended that they consult an immigration lawyer or consultant. They can lead clients through it, perform checks and verify how the forms should be completed, and suggest what kind of evidence should be submitted.
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Options Under Spousal Sponsorship Refusals
Reapply with a Stronger Application
If your spousal sponsorship was refused, consider reapplying with more comprehensive evidence to prove the genuineness of your relationship.
Appeal to the Immigration Appeal Division (IAD)
Appeal the refusal to the Immigration Appeal Division for a fresh review if you believe the decision was unfair or based on an error.
Apply for Judicial Review
If the appeal is unsuccessful, consider applying for a judicial review in Federal Court to challenge the refusal based on legal grounds.
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