Family Sponsorship Appeal Lawyer
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Refusals & DelaysRefusals & Delays
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Immigration AppealsImmigration Appeals
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InadmissibilityInadmissibility
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Temporary ResidenceTemporary Residence
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Permanent ResidencyPermanent Residency
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Family SponsorshipFamily Sponsorship
Rejection of a family sponsorship application can feel like a significant setback, but it doesn’t have to be the end of the road. Such refusals can be challenged through a family sponsorship appeal. As a trusted family sponsorship appeal lawyer, we provide professional legal support to navigate this complex process and work toward reuniting families in Canada.
What is Family Sponsorship Appeal in Canada?
A family sponsorship appeal in Canada is a legal process that allows individuals to challenge the refusal of a family member’s permanent residence application. This process is essential to those who believe their sponsorship application was unfairly denied, and it provides a legal route to request a review of the decision by the Appeal Division (IAD) of the Immigration and Refugee Board (IRB).
To be eligible to file a family sponsorship appeal, you must have received a refusal or negative decision from IRCC regarding your sponsorship application. The following individuals can usually file an appeal:
- Outland spousal or common-law partners who have been denied permanent residency
- Parents or grandparents who have been refused sponsorship
- Dependent children whose sponsorship application has been rejected.
Note: Appeals cannot proceed if the refusal is based on certain serious criminality, security concerns, or other grounds of inadmissibility, except in specific cases involving misrepresentation by spouses or dependent children.
Steps in the Family Sponsorship Appeal Process
Once an appeal is filed, the Immigration Appeal Division (IAD) reviews the case, considering factors like the application’s completeness, the sponsor’s eligibility, and the reasons for the refusal. The IAD may decide to uphold the refusal, allow the sponsorship to proceed, or even reverse the decision entirely.
The appeal process involves a hearing where both the sponsor and the applicant can present additional evidence, clarify points of law, or address procedural errors made during the initial application process. The IAD will issue a decision based on the appeal, which may result in the approval of the sponsorship, leading to the relative’s permanent residency.
If the appeal is allowed, the original refusal is overturned, and IRCC resumes processing the application. If the appeal is dismissed, further legal options may be available, such as judicial review at the Federal Court.
Who is Eligible to Appeal a Family Sponsorship Refusal?
You may be eligible to appeal if:
- You are a Canadian citizen or permanent resident who sponsored a family member.
- The refusal does not involve inadmissibility due to certain serious criminality, security risks, or organized crime.
Common Reasons for Sponsorship Refusals in Canada
Family sponsorship applications can be refused for several reasons, but here are some common reasons for refusals:
- Insufficient Proof of Relationship: The application could be refused if there is not enough evidence to prove that the relationship is genuine and not just for immigration purposes. This might include a lack of shared documentation, communication records, or evidence of cohabitation.
- Financial Insufficiency: If the sponsor is deemed unable to meet the financial requirements (such as the minimum necessary income), the application might be refused. An appeal could present additional financial documentation or show that the sponsor's financial situation has changed.
- Misrepresentation or False Information: If an applicant has provided false or misleading information, the application could be rejected. In an appeal, the applicant could argue that the refusal was based on misunderstanding or incorrect interpretation of the facts.
Our role is to effectively identify and resolve these issues during the appeal process.
Family Sponsorship Appeal Lawyer – Legal Guidance from Tià Sherene McCalla
The Law Office of Tià Sherene McCalla provides personalized legal guidance with expertise as a Canadian Family Sponsorship Appeal Lawyer. We understand how important it is to reunite families. With a compassionate and thorough approach, we work to address the specific challenges of your case and maximize the chances of a successful appeal.
Our office is dedicated to protecting your rights while navigating the complexities of Canadian immigration law.
- Case Evaluation: We review your refusal letter and assess the grounds for appeal.
- Document Preparation: We assist in compiling strong evidence and legal arguments for your appeal.
- Representation: Whether it’s ADR or a formal hearing, we advocate for you before the IAD.
- Post-Appeal Options: If the IAD dismisses the appeal, we will guide you through further steps, such as judicial reviews.
Family Sponsorship Appeal Refusal? Get Legal Support
Are you facing a family sponsorship immigration appeals refusal? Don’t navigate this challenging process alone. Contact The Law Office of Tià Sherene McCalla for professional and empathetic support. We’ll guide you through the appeal process and work toward reuniting you with your loved ones.
Call us today to schedule a consultation.