Pathway finder
Respond to a refusal: A sponsorship of my spouse, partner, child or parent
Deadline
Appeals and court reviews have short deadlines, often 15 to 60 days from the day you receive the decision. Call early.
Routes people usually look at
1
An appeal to the Immigration Appeal Division (IAD)
The IAD is part of the Immigration and Refugee Board, an independent tribunal. Most family class sponsors can appeal a refusal. There are some exceptions. One is a refusal for serious crime or security. Another is a refusal for misrepresentation, unless the person sponsored is the sponsor’s spouse, partner or child. The IAD must receive the notice of appeal within 30 days after the sponsor gets the decision and written reasons.2
A Federal Court review
If there is no IAD appeal. For example, many spousal refusals made inside Canada have no IAD appeal.3
A new sponsorship application
In some cases.
What’s usually involved
- Read the refusal and write down the date you got it.
- Check if you have a right to appeal to the IAD.
- File the notice of appeal before the deadline.
- Get the record of the application, and prepare evidence and witnesses.
- The IAD may offer an early resolution meeting. If not, the appeal goes to a hearing. You and your family member may give evidence there.
Documents you’ll typically need
Timing
The deadline to file the appeal is short. The Board sets IAD hearing dates. Ask about current wait times at your consultation.
Common pitfalls
- Missing the appeal deadline
- Filing an appeal without new evidence that answers the officer’s concerns
- Spouses giving evidence that does not match at the hearing
- Starting a new application when an appeal would have been the stronger route, or the reverse
This is general information, not legal advice about your situation.
Talk it through with Manny
Deadlines are short, so book or call early. Bring this summary. Consultations in English, Punjabi and Hindi.