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.
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.
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.