There are many other reasons for the refusal, for example, the application was not prepared accurately or you might have provided incorrect information which is not consistent with your application, criminal record of the spouse, severe medical condition, you are taking social assistance from the government or the genuineness of your relationship is in question.
If you sponsor your spouse or common-law partner under spousal sponsorship and your application for spousal sponsorship is refused then you have two options to consider and those are following:
1. You can re-apply all over again
2. You can file an appeal of the refusal at the Immigration Appeal Division
Re-apply all over again:
Once your spouse or common-law partner’s application has been refused, you still can re-apply. The re-applying for sponsorship means you have to start your application all over again. When you re-apply for your application, Citizenship and Immigration Canada will be aware of your previous refusal.
So it is very important to explain that previous refusal in your next application and address inconsistencies or reason for refusal. Make sure that this time you not only submit the updated information but add supporting documents to address the officer’s reasons for refusal. If you submit the same application you will get the same results.
File an appeal with the Immigration Appeal Division:
Once your overseas spousal application has been refused, you can file an appeal with the Immigration Appeal Division (IAD) within the 30 days of the receiving the refusal letter. When you file an appeal, you have to submit the copy of refusal letter from immigration. If you do not file an appeal within 30 days, your appeal my not be heard.
Once your appeal has been filed, then the minister of Citizenship and Immigration Canada (CIC) has to submit a complete copy of the record to the sponsor within 120 days. Then Immigration Appeal Division board will decide whether this matter is good for Alternative Dispute Resolution (ADR) or not. If it is appropriate for ADR then it will take 3-6 months to schedule. If not, than an appeal hearing for court will be scheduled.
Before you consider any of those options you have to aware of the consequences associated with re-applying and appealing.
When you file an appeal for refusal then you have a last chance, which means if you lose the appeal then can never sponsor your spouse or Common-law partner again unless you bring up new facts.
The appeal is only appropriate when you have submitted your complete spousal application with all the relevant information and supporting documents. Some people submit incomplete application; provide inaccurate information and as well they do not provide supporting documents which leads to refusal and they are not supposed to file an appeal.
This means that an appeal should only be sought once you have exhausted all other options, you have nothing further you can possibly provide and your application is as thorough, complete and accurate as it will ever be – if such an application is refused, than go for the appeal.
Otherwise, refilling the application is more time and cost effective, less intense and gives you the same results as the appeal if successful.
If you are debating whether or not to resubmit or appeal, contact us. We will go through the merits of your already submitted application, see how we can strengthen it and help you make an informed decision.
With Akrami & Associates, there is always a way!
