Experiencing a child sponsorship refusal in Canada can be a disheartening and stressful ordeal for families eager to reunite with their loved ones. The Canada Border Services Agency (CBSA) often plays a crucial role in the appeal process, representing the Minister's counsel and submitting evidence for the refusal. Child sponsorship is a critical avenue for Canadian citizens and permanent residents to bring their dependent children to live with them in Canada. However, when an application is refused, it’s essential to understand the reasons behind the decision and the available options to rectify the situation.
What Reasons Would My Application Be Refused in the Refusal Letter?
There are several reasons why a child sponsorship application might be refused:
Insufficient Relationship Proof: One common reason for refusal is the failure to provide sufficient evidence of the relationship between the sponsor and the child. This includes proving that the child is indeed the biological or adopted child of the sponsor. It is also crucial to provide sufficient evidence of the relationship with the family member being sponsored.
Incomplete or Incorrect Application: Applications that are incomplete or contain errors, such as missing documents, incorrect information, or lack of signatures, are often rejected. It’s crucial to ensure that all required forms are accurately filled out and all necessary documents are included.
Ineligibility of the Sponsor: The sponsor must meet certain criteria to be eligible. This includes being a Canadian citizen or permanent resident and not being bankrupt, incarcerated, or under a removal order. A sponsor with a history of committing a criminal offence may also be deemed ineligible. If the sponsor fails to meet these requirements, the application can be denied.
Child’s Ineligibility: The child being sponsored must also meet specific criteria. For instance, they must be under 22 years old, unmarried, and not in a common-law relationship. A dependent child is defined as being under 22 years old, unmarried, and relying on their parent for financial or other support. If the child does not meet these criteria, the application may be refused.
Financial Inability: While there is no specific income requirement for child sponsorship, the sponsor must demonstrate the financial ability to support the child. If the immigration officer believes that the sponsor cannot provide adequate financial support, the application might be denied.
Misrepresentation: Providing false information or documents can lead to an outright refusal and can also result in a ban from reapplying for a certain period.
My child was aged over 22 at the time of the refusal, what can I do?
There is a lock-in date from the date of submission, which means your child's age at the time of application is considered for eligibility. Therefore, if your application has been refused it would most likely be in your best interest to appeal the decision. If you were to reapply, your child has aged out and you would not be able to sponsor them.
What Are the Next Steps After My Application Is Refused?
Reapply: If the refusal was due to incomplete or incorrect information, you can correct these issues and resubmit your application. Ensure that all forms are accurately completed and that you provide comprehensive evidence to support your case. Ensure that you address the specific issues outlined in the refusal letter to improve your chances of success.
Appeal the Decision: You can either appeal the refusal to the Immigration Appeal Division (IAD) within 30 days of receiving the decision. An appeal allows you to present additional evidence and arguments to support your case. Sponsorship appeals can be legally complex and often require professional legal assistance. The appeal will be reviewed by the Immigration and Refugee Board (IRB), which will consider additional evidence and arguments.
Hire AKM Law as your Immigration Lawyers for your Child Sponsorship Appeal.
Hiring AKM Law as your immigration lawyer for your child sponsorship application offers numerous benefits. As a specialized immigration law firm with over 20 years of experience, AKM Law provides expert services to maximize your chances of success in the sponsorship process. With a specialization in immigration law and a proven track record, AKM Law brings the expertise and experience needed to navigate complex processes. Their personalized approach ensures that your case receives tailored attention, with comprehensive management from consultation to appeals. AKM Law’s in-depth knowledge of crucial aspects like lock-in dates and up-to-date legal insights enhances your chances of success. They excel in effective communication and strong advocacy, maintaining transparency and providing continuous support throughout the process. With a high success rate and positive client testimonials, AKM Law is a reliable and dedicated partner for your immigration needs.
