Preparing a spousal sponsorship application in Canada can be a complex and time-consuming process. While it is largely administrative, it can become overwhelming and challenging, especially in cases that are not straightforward, or appropriate cases such as those involving previous marriages, arranged marriages, marriages of less than two years, children from previous marriages, or common-law relationships.
The Canadian government has increasingly tightened its review of applications and approvals due to a rise in fraudulent applications aimed at obtaining permanent residence through the spousal sponsorship process. This has made it more challenging to prepare a strong application that will be approved without issues. Visa officers often require substantial evidence to be convinced of the genuineness of the relationship. Otherwise, they may request an interview for both individuals, issue a procedural fairness letter requesting more evidence with further explanation, or issue an outright refusal letter.
To address these challenges and increase the chances of a successful application, it is essential to provide comprehensive documentation that demonstrates the legitimacy of the relationship and the sponsor's ability to support the sponsored spouse. This may include a variety of evidence to validate the genuineness of the partnership, such as a marriage certificate, joint bank accounts, joint residential leases, joint utility bills, correspondence between the couple, photographs together, and statutory declarations from family and friends. If the couple is in a common-law relationship, additional evidence in such cases such as shared assets, joint leases, or joint bills should be provided. It's important to note that marriage ceremonies conducted over the Internet are not accepted.
In addition to demonstrating the legitimacy of the relationship in federal court, sponsors are required to sign an undertaking agreement, promising to fulfill the basic financial needs of their partner. While there is no minimum income requirement for spousal sponsorship, providing proof of sufficient funds to sponsor a family member is necessary. This may include recent notices of assessment from the Canada Revenue Agency, employment letters, pay stubs, and bank statements.
If a spousal sponsorship application has been refused in the past, it is crucial to address the reasons for the refusal in the new application. This may involve providing additional information or documentation to mitigate the concerns that led to the previous refusal.
Navigating the spousal sponsorship application process can be a complex process, and immigration laws and requirements may change. Seeking legal advice from an immigration lawyer or consultant can provide valuable guidance and ensure that the application is prepared per the latest rules and regulations.
By carefully addressing these aspects and providing comprehensive documentation, sponsors can significantly improve the chances of a successful spousal sponsorship application in Canada.
What happens after your Spousal sponsorship application is refused?
After a spousal sponsorship application is refused in Canada, individuals have several options to address the refusal:
Re-apply: In some cases, it may be possible to address the reasons for the refusal and re-apply, ensuring that any deficiencies in the initial application are rectified.
Appeal the Decision: Depending on the specific circumstances of the refusal, individuals may have the option to appeal the decision to the Immigration Appeal Division (IAD) of the Immigration and Refugee Board. This avenue is available for certain types of refusals, such as those based on the genuineness of the relationship.
Seek Judicial Review: If the refusal is based on an error in law or fact, individuals may seek judicial review by the Federal Court of Canada. This process involves asking the court to review the decision-making process rather than the decision itself.
Address Ineligibility Issues: If the refusal is due to ineligibility issues, such as criminality or misrepresentation, individuals may need to address these issues before re-applying or appealing the decision.
Why hire an Immigration Lawyer from AKM Law for your Spousal Appeal?
Hiring an immigration lawyer from AKM Law for your spousal appeal can provide crucial benefits. Specialized in immigration law, AKM Law attorneys offer personalized advice, assist in document preparation, and navigate the complex appeals process, increasing the chances of success. Their expertise allows for the presentation of strong arguments, effective representation in hearings, and adaptation to any changes in immigration laws. To minimize errors and maximize success, hiring a reputable immigration lawyer provides peace of mind and the assurance that a professional is advocating for your case with an individualized and strategic approach.
