Sponsorship appeals · Canada
Spousal sponsorship appeal lawyers in Abbotsford, Surrey and Vancouver
If IRCC refused your spouse, common-law partner or dependent child from outside Canada, you can usually appeal to the Immigration Appeal Division (IAD). The IAD hears the case fresh, can consider evidence the officer never saw and, in many cases, can allow the appeal on humanitarian grounds. You have 30 days to file.
- Spouse, partner and child sponsorship appeals
- Genuine relationship and “primary purpose” refusals
- Early resolution, IAD hearings and Federal Court
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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.
The reason in your refusal letter decides how the appeal is built. Most spousal refusals fall into a few groups.
- Bad faith: the officer found the relationship is not genuine, or was entered into mainly to gain status in Canada (section 4 of the Immigration and Refugee Protection Regulations).
- Excluded family member: your partner or child was not declared and examined when you immigrated to Canada (section 117(9)(d)).
- Sponsor barriers, such as having been sponsored as a spouse yourself less than 5 years ago.
- Inadmissibility of the person sponsored, such as misrepresentation or criminality.
The officer’s notes (GCMS notes) show exactly what the officer relied on. They are part of the appeal record.
An IAD appeal is a new hearing, not just a review of the officer’s file. You and your partner can give evidence the officer never saw.
- Legal or factual errors: for example, showing that the relationship is genuine and was not entered into for immigration.
- Humanitarian grounds: the IAD can allow an appeal even where the refusal was correct, weighing factors such as hardship and the best interests of any child affected.
- Limits: humanitarian grounds are not available when the person sponsored is not a member of the family class, such as an excluded family member. Those appeals rest on the legal arguments alone.
In relationship appeals, the evidence that usually matters most is your history together: communication, visits, the wedding, family involvement and shared finances.
- File the Notice of AppealWe file the notice with the IAD within the 30 days, with a copy of the refusal letter.
- Review the appeal recordIRCC sends the IAD its full file, including the officer’s notes. We identify each concern the officer relied on and plan the evidence to answer it.
- 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 and your partner usually joins by phone or video. If the appeal is allowed, the application goes back to IRCC to finish processing.
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.
It depends on the refusal reason. Reapplying can be faster in some cases, but if the officer doubted the relationship, a new application often meets the same concern without the chance to give evidence in person. We compare both routes in your consultation.
Yes. The person sponsored usually gives evidence by phone or video from outside Canada. The IAD decides how the hearing is held.
You can ask the Federal Court for leave to judicially review the IAD’s decision. The deadline is 15 days after you receive the decision.
Check the refusal letter. A family class refusal from a visa office abroad can usually be appealed to the IAD. An inland spousal refusal goes to Federal Court instead.
Official sources: IRB: Appealing a refused sponsorshipImmigration and Refugee Protection Act (sections 63 to 69)
Other immigration services
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Sponsorship appeals help in Abbotsford, Surrey and Vancouver
Meet us at any of our offices, or by phone or video from anywhere in Canada or abroad.
Sponsorship refused?
Book a consultation before the 30-day deadline and we will explain your options.