The appeal option is available to the Sponsor of the
refused application. The appeal must be brought by a Canadian permanent
resident or citizen. The option to appeal is not available directly to the applicant.
Appeals to the IAD are not allowed if the applicant was
found inadmissible on the following grounds:
Serious criminality, which is defined as having:
Violations of human or international rights, or
Spousal Sponsorship Appeal
Spousal Sponsorship applications may be refused for a variety
of reasons, often because Immigration Refugee and Citizenship Canada (IRCC) is
not convinced that your relationship to the application is genuine or it was entered
into primarily for the purpose of acquiring immigration status.
Depending on the specifics of your file, reasons for refusal
and current appeal timelines it can be beneficial to file a new application.
Alternatively, in some circumstances, an appeal to the IAD can be either the
fastest and/or best method for addressing a Sponsorship application refusal.
Some of the key questions that arise is assessing a Spousal
Sponsorship application are:
How did you meet your spouse or partner and how
did your relationship develop?
How long have you known your spouse or partner?
How well do you know each other?
Do your friends and family know about your
How did you get married? If you live common-law,
how did you arrange to live together? If you are conjugal partners, what is the
nature of your relationship?
What do you and your spouse or partner plan for
your future together?
Parental Sponsorship Appeal
Unlike Spousal sponsorship refusals, the genuineness of relationship
is not normally a reason for Parental Sponsorship refusals. Often Parental
Sponsorship applications are refused if IRCC decided that you (and your
co-signer if you have one) do not have the income required to sponsor a parent
We can also help you by proving that there are sufficient
humanitarian and compassionate (H&C) grounds for your appeal, even if you
did not have the minimum necessary income + 30% when you applied to sponsor.
How We Can Help
If you’ve received a Sponsorship Refusal, we can immediately
file a Notice of Appeal (NOA). Once the appeal is started, we will work with
you to gather any and all documents required to address the concerns raised by
Furthermore, we will help you and the applicant prepare for the
IAD hearing and work with you to prepare, produce or call any witnesses that establish
the genuineness of the relationship, or your ability to support the applicant.