We specialize in conducting Appeals at the Immigration Appeal Division (IAD) when it comes to Family Sponsorship matters and Permanent Resident Appeals.
If your immigration case has been refused, there are two possible ways to appeal the decision; either through the Immigration Appeal Division (IAD) of the Immigration and Refugee Board (IRB), or the Federal Court of Canada (FCC). The IAD handles appeals for family sponsorships, residency obligations, and removal orders, while the FCC handles various immigration application refusals.
The Appeal hearing before the IAD is a new/fresh hearing, and you can introduce new evidence which the Visa Officer didn’t have, including Humanitarian and Compassionate considerations. The FCC will not consider new evidence but will only determine whether the Visa Officer made a reviewable error.
If your application to sponsor your spouse, common law partner or other family member has been refused, you can appeal to the IAD. At the appeal, we can provide new/fresh evidence to the IAD, with new evidence of your relationship that you had omitted in your original application. We can also highlight any Humanitarian and Compassionate considerations. IMPORTANT – sponsors have 30 days to file an appeal with the IRB.
If you choose to retain us we will fight hard for you to get you a favorable decision. We will seek to find previous cases with facts similar to yours, prepare all relevant evidence, and prepare you and your family member for the appeal hearing.
How the sponsorship appeal process works:
If you are a permanent resident, and have been found to have breached your residency obligation (i.e., meeting 2 years of residence out of 5 years), you could lose your permanent residence status. However, you have a right to appeal to the IAD.
With our knowledge of the law we can assist you to present all the relevant facts to support your case, including Humanitarian and Compassionate considerations. These factors can include length of absence, reasons for absence, hardship to you and your family if you lose your status.
The following chart shows the residency obligation appeal process:
Feel free to call us or email us.