Knowing about the rejection of your spousal, common-law or conjugal partner sponsorship application is one of the most irritating consequences in immigration law. Making things worse, people are frequently excited by this result and by how challenging the legal test actually is. The good news is that you can approach the legal means to come out of these rejections. Finding a Spousal sponsorship lawyer in Canada is the best legal approach to get appropriate solutions for your spousal refusals.
The first question asked by a customer who has undergone sponsorship refusal is ‘why?’ To learn what has gone wrong, one has to look at section 4 (1) of the Immigration and Refugee Protection Regulations. For these regulations, a foreign national will not be considered as a common-law partner, spouse or a conjugal partner of an individual if the marriage, conjugal partnership or common-law partnership….
- Was done for the purpose of achieving any status or privilege below the Act.
- It is not real.
However, many reasons are there for the refusal of sponsorships by Immigration, Refugees and Citizenship Canada (IRCC). The most common reason is that IRCC simply not get convinced about the reality of your relationship and entered into for sincere reasons.
Don’t forget that section 4(1) of the Regulations is two-pronged which means IRCC has to be satisfied that the relationship is both real and was not entered into only for an immigration benefit. This indicates that even if you get approval from IRCC about the reality of your relationship, the application can still be rejected if the marriage happens at that time but the main reason behind that marriage was to get the sponsored spouse status in Canada. In case of sponsorship rejections, one can take the help of a spousal sponsorship lawyer to sort out the case legally.
What can be done in case of refusal? For refusal of an overseas application, the sponsor can report about the matter to the Immigration Appeal Division (IAD). Initially, the sponsor has to file a Notice of Appeal within 30 days of getting the refusal. Here starts the appeal process which finally causes a hearing before the IAD. This appeal is a de novo procedure where the Board Member of the IAD declares that the appeal can consider new proof and testimony. The sponsor is the appellant and the applicant trying to come to Canada both get the chance to answer questions about their relationship, trying to persuade the IAD member about the reality of their relationship and was entered into for permitted reasons. Extra documentary proof is also filed before the hearing to substantiate the relationship further.
Even though the rejection of a spousal sponsorship is certainly a major upset, keep in mind that there are various ways to challenge this. Approach spousal sponsorship lawyers who are highly experienced in handling such kind of appeals and court challenges and will make you understand why your application was rejected and suggest the best way forward for you and your family.