Make a Sponsorship Appeal Canada
Make a Sponsorship Appeal Canada
Navigating the sponsorship process can be complex, and sometimes, applications are denied. In such cases, you can make a sponsorship appeal and explain why your application should be accepted. Keep reading this article to learn who is responsible for processing sponsorship appeals, who can make a sponsorship appeal, how to file the appeal, and what is the appeal hearing.
Administrative Tribunal for Sponsorship Appeals
If you want to make a sponsorship appeal in Canada, you ought to send a document package to the Immigration and Refugee Board of Canada (IRB). It is an independent administrative tribunal that deals with immigration appeals and refugee claims.
The Immigration Appeal Division (IAD) is one of the divisions within the IRB that conducts hearings to review sponsorship appeals. The IAD provides an avenue for individuals to make a sponsorship appeal in Canada and seek reconsideration of immigration decisions made by Immigration, Refugees, and Citizenship Canada (IRCC).
General Requirements to Make a Sponsorship Appeal in Canada
You have the option to make a sponsorship appeal to the IAD if you are a permanent resident or Canadian citizen who applied to sponsor a family member for immigration to Canada and their permanent resident visa application was denied by IRCC.
You are not eligible to make a sponsorship appeal if the person you sponsored is prohibited from entering Canada for reasons such as:
- Committing or being convicted of a crime outside Canada would lead to a term of ten years or more in Canadian prison.
- Having a conviction for a crime that resulted in a sentence of at least six months in a Canadian prison.
- Being considered a security threat to the country.
- Involvement in organized crime activities.
- Violating human or international rights.
A sponsored person can also be found inadmissible if they provided false information or withheld information on their application, which is referred to as misrepresentation. Even if misrepresentation is involved, you may make a sponsorship appeal in cases involving sponsored persons who are spouses, common-law partners, or children.
Representation at the IAD
Sponsorship appeals can be intricate, and while you have the option to represent yourself, you may consider hiring authorized counsel to make a sponsorship appeal. Your paid counsel must be eligible to practice as a member of one of the following Canadian organizations: a provincial law society, the Chambre des notaires du Québec, or the College of Immigration and Citizenship Consultants (CICC).
Still, your counsel does not need to be a lawyer, paralegal, notary, or immigration consultant to help you make a sponsorship appeal in Canada. They can be a friend, family member, or a trusted member of your community. However, they cannot receive any form of payment or compensation.
If you hire paid counsel to make a sponsorship appeal in Canada, you should use the Counsel Contact Information form to inform the IAD about the professional organization to which your counsel belongs and provide their membership identification number. If you have unpaid counsel, you need to complete and send a Notice of Representation without a Fee or Other Consideration.
Terms and Roles During the Sponsorship Appeal
There are key terms and roles you need to be aware of when you make a sponsorship appeal in Canada.
- Appellant: You are the person appealing, and you are referred to as the appellant. You are appealing a decision made by IRCC.
- Minister or Respondent: IRCC is called the Minister or the respondent. The Minister is represented by an officer from the Canada Border Services Agency, who is known as the Minister’s counsel.
- Member of the IAD Tribunal: This person is responsible for hearing your appeal and making a decision.
- Early Resolution Officer (ERO): An ERO is an employee of the IAD who can provide you with information that can help you make a sponsorship appeal. However, they do not provide legal advice.
If you are representing yourself or have unpaid counsel, you will receive an invitation to participate in a virtual meeting with an ERO. Their primary role is to provide you with information and guidance on how to make a sponsorship appeal and what to expect in the subsequent stages of your appeal.
The Process to Make an Immigration Appeal in Canada
The first step to make a sponsorship appeal is submitting a fully completed Notice of Appeal – Sponsorship Appeal form and a copy of the refusal letter that IRCC sent to your family member. You have a 30-day window starting from the date your family member received the refusal letter from IRCC to file your Notice of Appeal and make a sponsorship appeal in Canada.
You can also include any supplementary materials to make a sponsorship appeal. For instance, if the refusal letter specifies that your application was rejected due to the absence of a particular document, and you now have that document, you can include it along with your Notice of Appeal.
You may need to complete additional forms to make a sponsorship appeal, such as a Notice of Disclosure Form, List of Witnesses Form, List of Documents Form, and Confirmation of Hearing Needs Form.
The second step to make a sponsorship appeal in Canada is to prepare for the case. As the appellant, it is your responsibility to prove that the decision should be changed in your favour. When the IAD receives your Notice of Appeal, it will request the Minister to provide the information from your sponsorship file, known as the appeal record. It contains the reasons for the refusal of your application and other information essential for preparing your case. It is crucial that you thoroughly review the appeal record, as it forms a part of the evidence to make a sponsorship appeal in Canada.
If your sponsorship of a spouse or partner has been questioned with allegations of a fraudulent or bad-faith relationship, you can make a sponsorship appeal in Canada. You must demonstrate the genuine nature of your relationship with the sponsored person, such as letters, phone bills, photographs, and travel records. You may also call upon witnesses like friends or family members who can provide testimony confirming the authenticity of your relationship.
If your sponsorship of parents or grandparents has been denied due to income requirements, you have two options to make a sponsorship appeal in Canada. The first option is to prove that you had the necessary income when you submitted your sponsorship application, exceeding the Minimum Necessary Income (MNI) by 30% for your family size, including the sponsored family members. The second option to make a sponsorship appeal in Canada is to determine humanitarian and compassionate grounds for your appeal.
Alternative Dispute Resolution
An ERO may contact you or your counsel to collect additional information and assess whether your appeal can be resolved without the necessity of an oral hearing. In specific instances, your appeal may be scheduled for an Alternative Dispute Resolution (ADR) conference. It involves an informal meeting with you, the Minister’s Counsel, and an ERO. There is no need for a formal hearing if your appeal is resolved during the ADR conference.
IRB Hearing
If your appeal cannot be resolved informally, you will be invited to participate in an oral hearing. The IAD will reach out to you or your counsel to coordinate the scheduling of your hearing. After your hearing date is finalized, you will receive a Notice to Appear with details such as the date, time, and virtual or in-person type of hearing.
During your hearing will be the member of the IAD, you, and the Minister’s counsel. Additionally, there can be your legal counsel, witnesses, an interpreter, and a designated representative.
The IAD will send you the written decision following the hearing. If the appeal is not decided at the hearing, the case is reserved for further consideration. Typically, the IAD will provide you with the decision within 60 days.
If your sponsorship appeal is allowed, this signifies that the decision to refuse the permanent resident visa application has been overturned, and IRCC will process your sponsorship application. If your sponsorship appeal is dismissed, IRCC’s decision to deny the permanent resident visa application remains in effect.
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