If you’re a citizen or permanent resident in Ottawa and want to bring over a spouse, parent, or child, you should know the process is far from straightforward. Sponsorships are often refused, and people already on a work or study permit can lose their extensions at any time.
However, a refusal letter is not the end of the matter. You have different options, such as reapplying, appealing to a tribunal, or asking the Federal Court to review the decision. Here’s what you should know about the issue.
A refusal letter is only a summary of the decision. The officer’s real reasoning is in the Global Case Management System notes, which indicate whether you have a fixable gap or a legal error. You can request them yourself through an Access to Information and Privacy request for a small fee. They typically take 30 to 90 days to arrive, which is often long enough to cost families their case, as their deadline to appeal is often as short as 15 days. A simple way out is to hire an immigration lawyer who can first file the appeal or court application by the deadline.
Be sure to work with local immigration experts. This is when you can work with legal professionals, such as those at AKM Law firm who handle sponsorship refusals, inadmissibility findings, and appeals before tribunals and courts. While you’re not required to have legal representation, working with an expert saves you from dealing with complicated matters. Also, a free 10-minute consultation costs you nothing but tells you whether your refusal is worth pursuing.
It is important to reapply if you notice that the visa officer identified something you can fix. This is usually the case when officers point to:
• Missing documents
• An unclear relationship history
• Thin evidence of funds
A fresh immigration application that fixes those points goes back into the normal processing queue for that stream, whereas an appeal to a tribunal can take a year or more before anyone hears it.
The Immigration Appeal Division can overturn a refusal outright, but it hears three types of cases:
• Refused family sponsorships
• Removal orders
• Permanent residents who haven’t met their residency obligation
If you sponsored a spouse, partner, child or parent and the application was refused, you can appeal. However, if your parents were refused a visitor visa or a Super Visa, you can’t, and the same goes for refused study and work permits. In this case, families need to go to the Federal Court.
Qualifying for the tribunal is important because it can hear new documents and live testimony that the original officer did not see. A spouse whose relationship was doubted can give evidence in person, with the photographs, messages, and witnesses that a paper file could never convey. Keep in mind that you have 30 days from receiving the refusal to file a Notice of Appeal if you’re in Canada, and 15 days if you’re abroad.
A sponsorship refusal isn’t the final word on your spouse, parents, or children, as it can go to a tribunal that will hear you in person. Other refusals can be brought before the Federal Court. And some cases simply need a better application. Just be sure you know your deadline and work with a lawyer as soon as possible to avoid deeper problems.
Photo: Courtesy of Pexels
