Refused Family Sponsorship
A refused sponsorship application is not the end. For most family class refusals, you have the right to appeal to the Immigration Appeal Division (IAD), and the MyVisa Team has the experience to give that appeal the best possible chance of success.
Not Refused Yet But Received a Procedural Fairness Letter
If IRCC has sent you a procedural fairness letter (PFL) about your sponsorship application, your file is at serious risk, but you have not been refused yet. That distinction matters enormously.
A strong, well-prepared response to a procedural fairness letter can prevent a refusal entirely. Winning an appeal after a refusal is harder, takes longer, and costs more than addressing the officer's concerns before a decision is made. If you have received a PFL, contact the MyVisa Team immediately.
Even if you have not been refused yet, we can help you now.
Your Right to Appeal
Canadian citizens and permanent residents whose family sponsorship applications have been refused by IRCC have the right to appeal that decision to the Immigration Appeal Division (IAD) of the Immigration and Refugee Board of Canada. This right applies to sponsorships of spouses, common-law partners, dependent children, parents and grandparents, and other eligible relatives (with the exception of applications processed through the inside-of-Canada (inland) spousal sponsorship stream).
The IAD is a quasi-judicial tribunal that functions as a full rehearing of your case. It is not simply a review of whether the officer made a technical error. The IAD can consider new evidence that was not before the original officer, make its own findings on credibility and genuineness of the relationship, and substitute its own decision for that of IRCC. It can also consider humanitarian and compassionate factors.
The right to appeal is not available if the sponsored person was found inadmissible due to serious criminality specifically, a conviction punishable in Canada by a maximum sentence of ten years or more, or a sentence of six months or more served in a Canadian prison.
Strict Deadline to Commence Your Appeal
You have 30 days from the refusal letter to file your appeal. The deadline to file a Notice of Appeal with the IAD is 30 days from the date you received the refusal letter. This deadline is strict and cannot be extended.
What the IAD Can Consider
Legal Error
The officer made an error in law: applied the wrong legal test, misinterpreted the regulations, or reached a conclusion the law does not support.
Factual Error
The officer made an error of fact: misread the evidence, ignored key documents, or reached a factual conclusion not supported by the record. The IAD can weigh the evidence fresh and reach its own conclusions.
Humanitarian & Compassionate Grounds
Even where the officer's decision was legally and factually correct, the IAD can still allow an appeal on H&C grounds if the circumstances of the case warrant it.
De Novo Review - New Evidence
New evidence can be introduced at the IAD. Unlike a judicial review at Federal Court, an IAD appeal is a full de novo rehearing. You can introduce new evidence that was not before the original officer.
The Appeal Process (Compressed Timeline)
Every appeal is different and timelines vary. Your lawyer will walk you through what to expect for your specific matter.
STEP 1: We file the Notice of Appeal within the 30-day deadline, along with a copy of the IRCC refusal letter.
STEP 2: We review the full record. We obtain and review the complete record from IRCC including the officer's notes and all documents on file.
STEP 3: We build your appeal submissions. This include our written legal submissions, new evidence, legal and humanitarian arguments.
STEP 4: The hearing is scheduled. We present your case and counsel for the Minister presents their case. The hearing is generally open to the public.
STEP 5: The IAD member makes a decision. The IAD can allow the appeal, dismiss it, or stay.
If allowed, the file returns to IRCC for processing toward permanent residence.
If dismissed: further review may be available at Federal Court in limited circumstances.
Common Refusal Reasons For Spousal Sponsorship Applications
MOST COMMON: RELATIONSHIP NOT FOUND TO BE GENUINE
Officers assess both the genuineness of the relationship and whether it was entered into primarily for immigration purposes.
How we help: We work with every client to build a documentation strategy that tells the story of the relationship clearly and convincingly.
COMMON: SPONSOR INELIGIBILITY
Sponsorship bars, prior criminal history, failure to meet undertaking obligations from a previous sponsorship.
How we help: We conduct a thorough eligibility assessment of the sponsor before any application is filed.
COMMON: INADMISSIBILITY OF THE SPONSORED PERSON
Criminal history, medical inadmissibility, misrepresentation, or other inadmissibility grounds.
How we help: We assess the sponsored person's immigration and personal history before filing.
SITUATION SPECIFIC: PREVIOUSLY REFUSED APPLICATIONS
A prior refusal adds a layer of complexity.
How we help: We analyze the prior refusal, identify what went wrong, and build a new application that addresses those issues directly.
If your sponsorship file has been refused, you have 30 days. Start here.
A sponsorship refusal after months or years of waiting is devastating. But it is not the end. Start with a free assessment and we will tell you exactly what your appeal looks like, how strong your case is, and what the MyVisa Team can do to fight for your family.
5000 Yonge St., Suite 1901 Toronto, Ontario, Canada M2N 7E9
Info@myvisa.law