Spousal Sponsorship Refusals
Spousal Sponsorship Refused
There are two main types of reasons a spousal sponsorship is refused:
1)The sponsor is ineligible
2)The person being sponsoring is ineligible
Common Reasons for Spousal Sponsorship Refusals
Ineligible Sponsor: You must be eligible to sponsor your spouse to Canada. You should be currently residing in Canada or intend to reside in Canada after completion of the sponsorship process. You must also meet the minimum requirements to sponsor.
Ineligible Spouse: Your spouse must fulfill the basic eligibility requirements applicable to all permanent residence applicants. If your spouse is a security risk, guilty of human right violations, does not have a clean criminal record, or has significant health problems he or she might not be eligible to be sponsored.
Misrepresentation: Sponsoring a spouse requires a great deal of personal details and information regarding the nature of the relationship in addition to the type of information that is normally required on sponsorship applications. Both the sponsor and person being sponsored must ensure the information submitted to the immigration authorities is accurate and complete and can be substantiated by documentary evidence to minimize risk of denial of the application. Any misrepresentation, accidental or deliberate, usually results in the application being denied.
Marriage of Convenience: A marriage of convenience is a type of marriage fraud in which both parties enter in a marriage solely for the purpose of the person being sponsored obtaining a permanent resident visa. The application requires detailed information about the sponsor’s relationship with his or her spouse or order to assess the true nature of the relationship. If the immigration officer suspects a marriage of convenience the application will be refused.
Can I appeal the Spousal Sponsorship Refusal?
Where a Canadian citizen or permanent resident has attempted to sponsor a family member and the application was rejected by the Immigration authorities, an appeal may be made to the IAD within 30 days of receipt of the refusal letter. If you believe your spousal sponsorship application has been refused in error its important you act quickly as possible to retain representation as time is required to collect the information and file for an appeal. We represent spousal sponsorship appeals to the IAD for a reasonable fee and have a high success rate for our clients.
Can I Reapply Instead of Appealing?
Yes, it is possible to reapply instead of appealing or if the 30 day period has expired. However, we recommend you apply with representation as the second application will likely contain different and more information that the first application and IRCC will compare the two applications and any discrepancies between the applications needs to be explained.
Which is Better to Appeal or Reapply?
It is usually only recommended to appeal when the application submitted was complete and contained all the required documents and information requested by IRCC. Otherwise, the appeal may be denied and losing the appeal would result in the sponsor effectively no longer being able to sponsor his or her spouse every again given that the Immigration Appeal Division has already decided negatively on the matter. If the application which was refused was incomplete, which is often the case, then it should not be appealed and instead the sponsor should consider re-applying. A second refusal could always be appealed if circumstances dictate that.
How can a Regulated Canadian Immigration Consultant (RCIC) Help?
If re-applying an RCIC can help:
Obtain and Examine GCMS Notes: Global Case Management System (GCMS) is the information system used by IRCC to process visa applications and contain the entire case history. They contain the notes the visa officer has entered into the system when making a decision about an application and contain invaluable insight into the visa officer’s analysis of the case and reasoning behind the decision. GCMS notes and the refusal letter can help identify if the reason for the rejection is a mistake on your application, and enable you to rectify the problem by making the proper corrections and provide additional information to strengthen your application where the visa officer had concerns.
Professional Representation: If you did not have a representative for your previous application you probably only submitted the required documentation listed on the IRCC document checklist. Often, submitting only those documents are not enough to make your case. Generally, it is wise to submit as much evidence as you can beyond the minimum required by IRCC. Your representative can assist you in preparing and submitting a stronger application to IRCC that address the concerns the visa officer had about your previous application.
Submission letter: An RCIC will prepare and submit a submission letter on behalf of the applicant along with the application. The submission letter will respond to and address the reasons for refusal identified in the GCMS notes and on the refusal letter.
If appealing an RCIC can help file and appeal and represent your case to IAD.
If you have been refused by IRCC to sponsor a spouse or you want to apply for the first time we are here to help! We specialize in helping clients overcome refusals and have assisted numerous to sponsor their spouse after they have been refused. Please contact us and one of our Regulated Canadian Immigration Consultants will revert to you within 48 hours.
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