Options You Have When Spousal Sponsorship is Denied

When Spousal Sponsorship inside Canada has been refused, the sponsor will receive a letter which indicates that you can appeal to the Immigration Appeal Division.  The sponsor will have thirty days from the day the letter had been received for filing the appeal. The couple might also choose to resubmit the application for spousal sponsorship.

Appeal

Once you have filed the appeal, the Minister of Citizenship and Immigration Canada has to submit the completed filed to the sponsor which about 120 days. The immigration appeal division is then going to decide is the can your case can be settled within ADR or Alternative Dispute Resolution Conferences. At present the schedule of an ADR is about 3-6 months within the receipt of the Record. In case the file is considered to be unsuitable, it is going to proceed to a hearing that can take around 1 ½ year for rescheduling for Spousal Sponsorship inside Canada

Spousal Sponsorship inside Canada

Re-Apply

Once the spousal sponsorship has been refused, you will always be able to reapply. The immigration department will have the previous refusal on file.  It is necessary to point out and explain all the discrepancies which were in the application before.

Re-Apply or Appeal

It is necessary to understand the impact of appealing or even re-applying after the refusal of Spousal Sponsorship inside Canada.  If the appeal option is chosen, the couple has to understand that if they lose the appeal it is going to result in the following.

  • The sponsor is no longer sponsor the spouse ever again if the Immigration Appeal Division has already decided on the matter. This is referred to as res judicata.
  • It is going to appeal if the spousal sponsorship had been prepared in the right manner and had all relevant information. Many people tend to submit incomplete application and this can lead to refusal. These cases shouldn’t be appealed and has to result in re-application. Re-applying has a much faster processing time instead of the appeal which can take years.  If the second application for Spousal Sponsorship inside Canada is refused, the sponsor will have the option to appeal the refusal.  Nonetheless, if the application had been submitted properly and the denial has some glaring errors, appealing is the best choice you have.

Prior to deciding on the appeal, reapplying or refusal of a spousal sponsorship application, make sure that you get in touch with an immigration lawyer in order to understand both the avenues.

If you hire an immigration lawyer, you will be able to avoid mistake.  Filing correct paperwork is considered to be an important part of the processes to get visa. The paperwork can be extensive and pretty complicated.  If you do not take the help of an expert, there is a high chance that you will make some mistake.  However, you can prevent this for your Spousal Sponsorship inside Canada if you hire an immigration lawyer.

Another good thing about hiring a lawyer is that they are experienced. Hence, they will know how they have to handle the case. Irrespective of your situation, you have several options. The immigration expert will lay these options in front of you.  No immigration processes are easy and at times, there are several steps that you need to take.  No matter what you are trying to achieve, an immigration attorney will be able to guide you.

Tips To Create Evidence For Your Asylum Claim

Mississauga immigration lawyer

In order to prove your case as an immigrant you will require the necessary documents and you can seek legal help for addressing the issue more efficiently. Mississauga immigration lawyer can help you in the process. You can ask them about the documents necessary, and you will be advised to take note of every attempt of document creation and all the responses received. These will act as evidence at the hearing. The documents, once created must be handed over to the lawyer immediately, but keep the originals for yourself. Any envelopes which your documents arrived in should also be preserved and shown to court.

ID Documents

A government issued identity document like a birth certificate or passport will validate your claim. If these are not an option for you Mississauga immigration lawyer can be contacted for advice. There might be other options. You can opt for testimonies of people who know you and can vouch for your identity and legal standing.  Someone who used to know you before moving to Canada may testify to the truth of your identity or even a community organization can confirm your regional specificity by the language or the dialect you speak in.

immigration lawyer in mississauga

Other Documents

There can also be other documents that you can use as a replacement for traditional identity documents such as evidence of your membership in some political party, religious faith or cultural organization. Mississauga immigration lawyer confirms that police reports and medical reports can also act as a proof of identity. Also human rights reports are seen as valid evidence as well.

Translation Of Your Documents

If the documents you are producing are in any other language apart from French or English, they would require translating. Use a professional translator as suggested by Mississauga immigration lawyer. If your documents are not translated properly they will be rejected. All the translations should contain the signature of the translator along with the name of the language or dialect that the document was originally written in. The translator should also account the accuracy of the translation.

Filing Documents

You have to file all the documents with RPD or Refugee Protection Division before your hearing date, preferably 10 days before. Two copies of your ID documents must be filed with them. The documents should be on a letter sized paper and single sided. You cannot file them by mail. You also must ask them to hand you a proof of the fact that you filed your documents with them just in case they are required.

Information About Witness

If you are planning on bringing witnesses at the hearing, as per rule you must provide legal documents of your witnesses as well to the RPD. This too must be done 10 days before the hearing starts. Witnesses can also write their testimony or provide it by phone if they cannot be physically present according to Mississauga immigration lawyer.

The entire process is a complex one and mistakes are natural for a layman, so legal help is of utmost importance. Any immigrant must consider consulting a lawyer to deal with their case.