Parent sponsorship appeals · Canada
Parent and grandparent sponsorship appeal lawyers in Abbotsford, Surrey and Vancouver
If IRCC refused your parent or grandparent sponsorship, most often because of your income or a medical finding, you can usually appeal to the Immigration Appeal Division (IAD). Even if you did not meet the income requirement when you applied, the IAD can allow the appeal on humanitarian grounds. You have 30 days to file.
- Income (minimum necessary income) refusals
- Medical inadmissibility and excessive demand
- Humanitarian submissions and IAD hearings
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Received a refusal letter? Your Notice of Appeal must reach the IAD within 30 days of receiving the refusal and its reasons. A late appeal is rarely accepted.
Even when the income refusal was legally correct, the IAD can allow the appeal on humanitarian grounds. How strong those grounds must be depends on your income since the refusal.
- If you have met the income requirement for the 3 years before the appeal, the IAD treats the obstacle as overcome, and a mildly compelling humanitarian case can be enough (the lower Jugpall standard, applied in Ni v Canada, 2021).
- If you still fall short, a stronger humanitarian case is needed. In Brar v Canada (2023), the appeal was still allowed despite a shortfall, because income had met the requirement in 3 of the past 5 years and was rising.
- You can also argue the officer was wrong: income or family size miscalculated, a co-signing spouse’s income left out, or a CRA reassessment the officer did not consider.
- Quebec residents cannot appeal the income calculation itself, but can still rely on humanitarian grounds.
The IAD does not second-guess income figures the CRA has accepted, so current notices of assessment and reassessments are key evidence.
In financial appeals the IAD looks at the whole family picture. Factors it has considered include:
- Family reunification, the strength of your relationship and your reasons for sponsoring.
- How serious the income shortfall is, and how your finances have changed.
- Your establishment in Canada and your past conduct.
A super visa being available does not defeat the appeal. The IAD has accepted that families may prefer permanent residence (Brar v Canada, 2023).
- File the Notice of AppealWe file the notice with the IAD within the 30 days, with a copy of the refusal letter.
- Build the financial or medical caseWe review the officer’s notes and gather notices of assessment, proof of current income and family size, or updated medical reports, along with humanitarian evidence.
- Early resolution meetingMany appeals are offered an informal resolution meeting with the Minister’s counsel first. A strong evidence package can end the appeal there, without a full hearing.
- Hearing and decisionAt a hearing you give evidence about your finances and family. If the appeal is allowed, the application goes back to IRCC to continue processing.
Parent sponsorship appeal questions
The IAD must receive your Notice of Appeal within 30 days after you receive the refusal and written reasons. Contact a lawyer as soon as the letter arrives.
Yes, it can. When it weighs humanitarian grounds, the IAD considers your current finances and how close you now are to the income requirement.
Yes. An excessive demand finding can be appealed. The IAD can consider errors in the medical assessment or the cost threshold, whether you had a fair chance to respond to the procedural fairness letter, and humanitarian grounds. Updated reports from treating specialists are usually key.
New parent and grandparent applications depend on IRCC opening an intake, and spaces are limited. An appeal keeps your existing application alive, and the IAD has said a super visa is not a reason to dismiss an appeal when the family wants permanent residence. We compare the options in your consultation.
Not to the IAD. Misrepresentation appeals are only allowed for a spouse, common-law partner or child. For parents and grandparents the route is Federal Court judicial review, with a 15-day deadline.
Official sources: IRB: Appealing a parent or grandparent sponsorship refused on incomeIRCC: Income requirements for sponsoring parents and grandparents
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Parent sponsorship refused?
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