Sponsorship Appeals

If you have sponsored a family member whose application for permanent residence was refused, you may want to appeal that decision to the Immigration Appeal Division (IAD) in order to explain why the visa application should be accepted. This is known as a sponsorship appeal (subsection 63(1) of IRPA).

The IRCC will sometimes deny an application for family sponsorship. This simply means that the IRCC has refused a Canadian citizen or permanent resident their request to sponsor a close family member to immigrate to Canada. In this case, the sponsor may file an appeal through the Immigration Appeal Division (IAD) of the Immigration and Refugee Board in Canada (IRB).

Who can appeal

You can appeal to the IAD if you are a permanent resident or Canadian citizen who made an application to sponsor a family member to immigrate to Canada and the visa application was refused by Immigration, Refugees and Citizenship Canada (IRCC).

Who cannot appeal

You cannot appeal if the person you sponsored was found inadmissible to Canada because of:

  • Serious criminality, which is defined as having:
    – been punished in Canada by a sentence of six months or more of imprisonment, or
    – been convicted of an offence outside Canada that would be punishable in Canada by a maximum term of imprisonment of at least ten years, or
    – committed an act outside Canada that would be punishable in Canada by a maximum term of imprisonment of at least ten years.
  • Organized crime
  • Security grounds
  • Violations of human or international rights, or
  • Misrepresentation (unless the person you sponsored is your spouse, common-law partner or child)

How to start an appeal

You have 30 days after receiving the refusal letter to appeal to the IAD.
To file a sponsorship appeal, you must submit:

  • A completed Notice of Appeal form.
  • A copy of the IRCC refusal letter sent to the person you sponsored.

A simple breakdown of the sponsorship appeal process

Sponsorship Appeals
  • Step 1: A Canadian citizen or permanent resident is denied sponsorship of a close family member or spouse,
  • Step 2: The sponsor (appellant) files an appeal to the Immigration Appeal Division of the Immigration and Refugee Board of Canada within 30 days of receiving the decision,
  • Step 3: The appeal may be sent to the alternative dispute resolution to avoid a hearing,
  • Step 4: If the case is not set down for ADR, or goes to ADR but is not settled, the case will be scheduled for a full hearing,
  • Step 5: The appeal is either granted or dismissed. If it is dismissed, the IAD’s decision may be appealed to the Federal Court.
Temporary resident permits

Call Direct: + (519) 974-3172

Call Centre 24 Hrs: + 1-866-276-4780

TESTIMONIALS

Maja was very diligent.The procedure usually takes up the 15 months for Ukraine, but we received our answer in 7 months. She was always available. It didn’t matter if it was me asking from Canada, or when we both were asking from Ukraine. I would highly recommend her services to anyone.

Gary and Larysa

Maja is very helpful and we really appreciated her promptness. Anytime we had a question whether it would be on a weekend or an odd time of day, she responded promptly with the correct information. She listens to you and works with your specific case offering several options that best suit your needs. Our case was handled professionally throughout the whole process. Our approval time was significantly shorter than the average processing time. We recommend Maja for any immigration assistance.

Sasha & Marija

Maja helped us feel comfortable with the process. She was very patient and always available. Her service provided a sense of security and professionalism that we greatly appreciate. We would recommend her services to anyone. She is a genuine professional with great people skills and a special understanding of the uniqueness of individuals and their situations.

Steve & Lisa

Maja helped my wife and me immensely. She took the time to truly understand all details of our situation; then organized solutions tailored to our particular needs. Also, anytime we had a question or concern, she would respond with answers in timely fashion. We would recommend her legal services to anyone.

Jason and Sam Dowty
Maja was an excellent business partner with our Macedonian church and community centre. She worked in a timely manner, was efficient and accurate in her work. The process was done in a friendly and understanding manner, Maja being a pleasure to work with. Professionalism and knowledge were always demonstrated in our endeavors. We would highly recommend her to anyone needing help. Thank you for all your kindness and the successful applications Maja!
Tom Damceski, President of the Board of Directors, St. Nicholas Church , Windsor, Ontario
Maya is a trustworthy and very efficient lawyer. From the moment we met her, she put us at ease and made everything very simple. She formed a plan, and followed through. Whenever we had any setbacks, she was quick to call us and keep us informed; more than that, she was quick to come up with an effective solution. We found Maya to be honest, forthright and an excellent legal counsel. We would highly recommend her services, not only for her integrity but also her efficiency. Than You so much dear Maja, for all yore hard work .
Catalina & Tristan
What can I say about maja she is the best of best! Maja help us every step of the way she tells you what you need to know and takes everything at once to make the process faster it took us from March to August to receive all of our documents and pr card ! I highly recommend for any immigration lawyer to contact maja !
Genesis Miranda
We are beyond happy with the work Maja did for us! She was able to get my PR in less then a year. She is extremely good at her job; was always ready to answer any questions we had, and was always a phone call away when we needed her! She is very good at what she does and I would reccomend her to anyone! Thank you again Maja for allowing us to finally become a family living under one roof! We are very grateful for all the work you’ve done for us!
Jamael Bell

The information provided on this site does not constitute legal advice. For detailed assessment of your situation contact an immigration professional.