Spousal Sponsorship Rejection -  Appeal

Immigration Law   |  Mar 21, 2025      | By: Harbir Singh

SPOUSAL SPONSORSHIP APPEAL

Did you apply to sponsor your spouse and received a rejection? It is important to know what your options are. When looking to appeal the rejection, this can be done by applying to the Immigration and Refugee Board (IRB), specifically the Immigration Appeal Division (IAD).

In many cases the rejection is in relation to section 4(1) of the Immigration and Refugee protection regulations (IRPR). This means that the visa officer rejected it because the believe the marriage, common-law partnership or conjugal partnership was entered into primarily for the purpose of acquiring any status or privilege under the Immigration and Refugee Protection Act (IRPA). The visa officer does not believe that the marriage, common-law partnership or conjugal partnership is genuine.

We will answer some common questions below that may be helpful when applying for a Spousal Sponsorship Appeal.

How Long Do I Have to Submit the Appeal?

Generally, you have 30 days to start the appeal process after you have rejected the refusal letter. It is important to not waste time and seek professional help from a legal representative because spousal sponsorship appeal cases get become complicated. It is important to ensure you are putting your best foot forward when going through the appeal process.

Can All Spousal Sponsorship Refusals Be Appealed?

The answer is no. Not all spousal sponsorship refusals qualify for appeal. Examples of cases that do not qualify for appeal are those that were refused due to inadmissibility based on serious criminality, organized crime, security reasons, violations of human rights, or misrepresentation.

Who Will Attend the Hearing?

The hearing will be attended by you, your legal representative (if applicable), any witnesses you have, and the Member of the Immigration and Refugee Board (IRB). Examples of witnesses are friends and family that can give testimony to support the genuineness of your marriage, common-law or conjugal partnership.

What Can I Expect at the Hearing?

At the hearing you, your legal representative (if applicable) and witnesses (if applicable) will be present, and any technical matters will be addressed at the beginning of the hearing by your legal representative and the Member of the IRB. Following this, your legal representative will conduct examination-in-chief where they will ask you questions for you to tell your story. During the examination-in-chief evidence can/will be introduced.

After the completion of examination-in-chief the Minister’s Counsel will be given the opportunity to conduct cross-examination. During cross-examination the Minister’s Counsel will ask questions to examine you and your evidence/ answers. Upon the completion of cross-examination your legal representative will be given another chance to ask you a few more questions.

Moreover, after examinations are completed, witnesses can be called by your legal representative to address any issues in the appeal. At the conclusion of the witness testimony, counsel has an opportunity to conduct closing submissions to summarize the relevant law, policies or regulations, and to summarize the evidence that was submitted to the Immigration Appeal Division (IAD).

When Will I Receive the Decision?

After the hearing is complete the IAD Member may provide the decision immediately, or reserve their decision and inform you later by mail.  

Looking for Assistance? Contact HSB Legal Services

Navigating the Immigration Appeal Division (IAD) and preparing for a Spousal Sponsorship Appeal Hearing can be a complicated process. Ensure you are putting the best case forward, to receive the outcome you desire. By contacting HSB Legal Services, you can have the peace of mind knowing your case is in the hands of a legal professional.

Harbir Singh is a licensed by the CICC as a Registered Canadian Immigration Consultant (RCIC) and licensed by the Law Society of Ontario as a Licensed Paralegal.