Spousal sponsorship is a key pathway for Canadian citizens and permanent residents to bring their foreign spouses to Canada. To be eligible, a Canadian citizen must meet specific requirements, including the ability to financially support the spouse and provide evidence of a genuine relationship to avoid refusal by Immigration, Refugees and Citizenship Canada (IRCC).
There are several reasons why a spousal sponsorship application may be refused. One common reason is the lack of a legally recognized marriage or registered marriage. Proxy marriages, where one or both parties are not physically present, are not accepted. Additionally, applications can be refused if there is insufficient evidence to establish a common-law relationship, such as proof of living together for at least one year. Conjugal partner applications may also be denied if the applicant fails to demonstrate significant barriers to marriage or cohabitation, such as cultural, legal, or immigration obstacles. In all cases, IRCC requires clear and convincing evidence to validate the relationship, and failure to provide such documentation can result in a refusal.
My Spousal Application Was Rejected: What Does That Mean?
When your spousal sponsorship application is rejected, it means that it did not pass the completeness check by Immigration, Refugees and Citizenship Canada (IRCC). A rejection differs from a refused spousal sponsorship application, which occurs when the application is complete but is denied for reasons such as suspicions of a marriage of convenience or unconvincing proof of relationship documentation. This can occur if the application is missing the required documents, information, or signatures. A rejection is not a decision on the merits of your application. You can address the deficiencies noted in the rejection notice and resubmit your application.
My Spousal Application Was Refused: What Does That Mean?
A refusal means that IRCC has reviewed the merits of your application and determined that it does not meet the required criteria for approval. This could be due to various reasons, such as insufficient evidence of the relationship, ineligibility of the sponsor, or concerns about the genuineness of the marriage. Additionally, the sponsored person may be deemed ineligible due to factors like criminal inadmissibility or medical issues. A refusal is a more serious issue than a rejection and typically requires addressing the reasons for refusal more comprehensively if you choose to reapply or appeal.
Should I Have Received a Procedural Fairness Letter (PFL) Before My Refusal?
In some cases, IRCC may issue a Procedural Fairness Letter (PFL) before refusing an application. A PFL gives you an opportunity to address specific concerns the immigration officer has about your application. If you did not receive a PFL, it might mean that the officer felt there was enough information to make a decision without further clarification. However, receiving a PFL is not guaranteed, and its absence does not invalidate the refusal. In certain circumstance not receiving a PFL may be sufficient grounds to reconsider the refusal or appeal at the IAD. The Immigration Appeal Division (IAD) of the Immigration and Refugee Board (IRB) handles such appeals, and having a spousal sponsorship appeals lawyer can be crucial in this process.
They Refused My Spousal Application for Genuineness: Why?
A common reason for spousal sponsorship refusal is the perceived lack of genuineness in the relationship. This also applies to cases involving a common-law partner, where proving the relationship requires substantial evidence. IRCC officers look for substantial proof that the relationship is genuine and not entered into for immigration purposes. If the evidence provided is insufficient, inconsistent, or unconvincing, the application may be refused.
What Are My Options After I Get a Spousal Sponsorship Appeal Refusal Letter?
Reapply: Address the reasons for the refusal and submit a new application with additional supporting documents to strengthen your case.
Appeal the Decision: If you submitted an outside Canada landing class application, you can appeal the refusal to the Immigration Appeal Division (IAD) within 30 days of receiving the decision. This process, known as spousal sponsorship appeals, allows you to present new evidence and clarify any misunderstandings.
Judicial Review: If you submitted an inside Canada landing class application you can apply for a judicial review by the Federal Court of Canada.
What Documents Do I Need to Submit to the Immigration Appeal Division?
If you decide to appeal to the Immigration Appeal Division, you will need to submit several documents. Both Canadian citizens and permanent residents are eligible to sponsor their spouses or partners for permanent resident status, and they must meet specific requirements. Here are the documents you will need:
Notice of Appeal: A formal document indicating your intention to appeal the refusal within 30 days of the refusal.
Refusal Letter: A copy of the refusal letter from IRCC.
Evidence of Relationship: Additional evidence to support the genuineness of your relationship, such as photographs, communication records, joint financial statements, affidavits from friends and family, and details of any trips taken together.
Why You Should Hire AKM Law as Your Immigration Lawyers for Your Spousal Sponsorship Refusal?
Hiring AKM Law to handle your spousal sponsorship refusal can significantly enhance your chances of a successful appeal or reapplication, thanks to the expertise and assistance provided by a Canadian immigration lawyer. An immigration lawyer at AKM Law has extensive experience and a proven track record in dealing with complex immigration cases, including spousal sponsorship refusals. Their team of seasoned lawyers provides personalized service, ensuring that every detail of your case is meticulously reviewed and addressed. They understand the intricacies of Canadian immigration laws and can offer strategic advice tailored to your specific circumstances. AKM Law assists in gathering and organizing additional evidence to strengthen your case, preparing comprehensive and compelling arguments for your appeal or reapplication. With their expertise in presenting cases to highlight the most persuasive aspects, they increase the likelihood of a favorable outcome. Moreover, AKM Law offers robust advocacy and representation, whether in front of the Immigration Appeal Division (IAD) or the Federal Court. Their clear and timely communication keeps you informed throughout the process, providing peace of mind that experienced professionals are diligently working on your behalf. By choosing AKM Law, you benefit from a dedicated team committed to achieving the best possible result for your spousal sponsorship application.
