This can be a heartbreaking reality for many, but it is not the end of the road! Canadian citizens and permanent residents are eligible to sponsor family members, including parents and grandparents, for Canadian permanent residence, highlighting the significance of family reunification in Canada's immigration policy. It is important to understand your rights as a sponsor and to have your application and refusal reviewed by a representative or person with experience in immigration and sponsorship refusals.
Why was my Canadian permanent resident parent or grandparent refused?
There are many reasons that an Immigration Officer may have refused your application to sponsor your parent or grandparent, such as incompleteness, ineligibility, or inadmissibility.
An Immigration Officer may refuse a sponsorship application because the sponsor is ineligible to sponsor their parent or grandparent. The sponsor may be permanently residing outside of Canada, be under 18, be a foreign national, be subject to a Removal Order, be in default on repayment of loans or family support payments, rely on social assistance, or have certain serious criminality. In some cases, it may be recommended to wait for the ineligibility to pass to re-apply for sponsorship.
A sponsor may be found ineligible to sponsor their parent or grandparent if they do not meet the minimum financial eligibility requirements as stipulated by IRCC, including the legal obligation to provide financial support for their sponsored family members. This includes signing an undertaking to repay any social assistance benefits the sponsored family member receives and ensuring their basic needs are met for a period of 20 years. The importance of a sponsorship agreement cannot be overstated, as it clarifies the sponsor's financial obligations and the undertaking period for sponsorship. Further, the applicants may be ineligible to be sponsored for security reasons, health reasons, or criminality. For instance, if your parent or grandparent has a serious or significant health condition that will likely create an excessive demand on the Canadian healthcare system, they may be found medically inadmissible to Canada.
What can I do if my parent or grandparent is refused?
Before initiating an appeal for a sponsorship refusal, it's crucial to have completed the 'sponsor form' process, including submitting an 'Interest to Sponsor' form on the IRCC's website. This step is fundamental in indicating your interest in the Parents and Grandparents Program (PGP) and is a prerequisite for being considered for sponsorship.
Some refusals may be appealed or challenged for being invalid in fact or in law. It is important to reach out to an Immigration Lawyer to better understand the grounds of refusal, and what can be done next.
If the sponsor is a permanent resident or Canadian citizen, then they can appeal the sponsorship refusal to the Immigration Appeal Division (IAD), ensuring all required 'sponsor forms submitted' are accounted for in the appeal process. A sponsorship appeal at the IAD is not available to the applicant and is only an available option to the sponsor. However, if the applicant was refused based on an inadmissibility, such as serious criminality, organized crime, security risks, having committed violations of human rights or misrepresentation, then they cannot appeal to the IAD. In the event that the sponsor cannot appeal at the IAD, they may be able make an application for leave and judicial review at the Federal Court.
Appeal your Parental Sponsorship Application for Financial Support to the Federal Court of Canada
To file an application at the Federal Court, the applicant must file an application for leave and judicial review (AFL+JR) within 15 days of receiving the refusal for an inside Canada decision, or within 60 days of receiving the refusal for an outside Canada decision. Additionally, applicants should be aware of the sponsorship application processing fee, which is a necessary part of filing for judicial review, though it is non-refundable if the application is not processed. At the Federal Court, the applicant will typically have 30 days after filing their application for leave and judicial review to provide their Application Record, which consists of the evidence and argumentation that they will rely on. At any point from filing the AFL+JR, the Department of Justice, which represents IRCC, may reach out and settle the matter without going to a hearing. If the matter is not settled, then the applicant will wait for the Federal Court to make the decision to grant or refuse Leave of the application. If Leave is granted, then the matter will likely go on to a hearing before a Judge at the Federal Court.
Appeal your Parental Sponsorship Application to the Immigration Appeal Division
Alternatively, to initiate an appeal at the IAD, the sponsor is required to complete a Notice of Appeal and must attach a copy of the refusal letter received from the IRCC. The sponsor will have 30 days from the date their family member received the IRCC refusal letter to file their Notice of Appeal.
At the IAD, your file will be assigned to a Member of the IAD tribunal who will make the final decision on your appeal, and to the Minister’s counsel, who is represented by an officer from the Canada Border Services Agency (CBSA). In an appeal at the IAD, deadlines are important, and there are many steps to keep track of.
The Minister’s counsel will be required to submit the Appeal Record, which is the evidence that the IRCC Immigration Officer and the Minister’s counsel rely on for the refusal of the sponsorship and in the appeal. The Minister’s counsel will have 60 days to provide to Appeal Record to the sponsor and the IAD. This deadline may be different depending on when you filed your appeal. It is important to check the Immigration Appeal Division Rules to ensure that you are keeping up with deadlines. After receiving the Appeal Record, you will have 60 days to provide your documents or “disclosure package”. These documents should help prove to the IAD that the decision to refuse the sponsorship application was invalid or unreasonable in fact or in law.
In some cases, sponsorship appeals may be decided without a hearing. An employee from the IAD tribunal called an Early Resolutions Officer (ERO) may request to schedule an early resolution conference, but this does not ensure that your matter will be determined at the early resolution stage. Despite having an early resolution conference, your matter may still require a hearing.
Why Hire AKM Law as your Canadian Citizen Lawyers for Parental and Grandparent Sponsorship Application?
Hiring AKM Law for your parental and grandparent sponsorship appeal offers invaluable expertise in immigration law, specifically tailored to navigate the intricate complexities of these unique processes. With a proven track record of success, our team provides personalized legal solutions that align with your individual circumstances and objectives. From initial consultation to the appellate stage, AKM Law delivers comprehensive support, ensuring transparent communication, accountability, and unwavering advocacy throughout the entire appeal process. By prioritizing a client-centered approach rooted in empathy and dedication, we are committed to guiding you through every step of your journey to successfully reunite with your loved ones in Canada. AKM Law is dedicated to assisting Canadian citizens and permanent residents in reuniting with their family members through successful sponsorship appeals.
