Avoiding Refusal: Navigating the Spousal Sponsorship Application Process in Canada
Preparing a Spousal Sponsorship application can be a daunting and time-consuming task, especially when dealing with complex cases such as previous marriages, arranged marriages, marriages under 2 years, children from previous marriages, or common-law relationships. These factors add an extra layer of administrative burden to an already extensive process.
Typical spousal applications range from 120 to 150 pages, incorporating various government forms and supporting documents. In some cases, the inclusion of translated documents can push the application to as many as 200 pages.
In recent years, the Canadian government has significantly tightened its review and approval process for spousal sponsorship applications. The rise in fraudulent applications aiming to exploit the system for illegal permanent residence has contributed to this stricter approach. Consequently, it has become even more challenging to prepare a robust application that can be approved without complications.
Many individuals who attempt to navigate the process on their own often submit weak applications, resulting in visa officers questioning the authenticity of the relationship. This can lead to additional requests for interviews, procedural fairness letters seeking further evidence and clarification, or outright refusals. Remarkably, approximately 40% of our firm’s clients seek assistance after facing refusal due to their DIY application attempts.
By understanding the intricacies of the Spousal Sponsorship application process and addressing potential pitfalls proactively, you can increase your chances of success and avoid the disappointment of refusal.
Dealing with a Refused Sponsorship Application: Exploring Your Options
If your Inland Spousal Sponsorship application faces a refusal, unfortunately, there is no avenue for appeal. In such cases, individuals will need to reapply from scratch. On the other hand, Outland Spousal Sponsorship applications do have the option for appeal. To pursue an appeal, it is crucial to file within 30 days of receiving the refusal letter. Failure to do so will result in the decision being upheld.
Outland sponsorship allows foreign nationals residing abroad to be sponsored by their Canadian spouse or partner for permanent resident (PR) status in Canada. The Outland sponsorship process differs from the Inland spousal sponsorship, which requires the couple to live together in Canada.
If you find yourself in the disheartening situation of a refusal, our firm is here to assist you. We can guide you through the process of filing an appeal at the Immigration Appeal Division (IAD), our team can provide expert representation to present your case effectively.
Understanding Spousal Application Refusals: Unveiling the Factors at Play
The responsibility for the significant number of spousal application refusals lies largely with the Immigration, Refugees and Citizenship Canada (IRCC). By providing online forms and process instructions, the IRCC creates an impression that the application process is straightforward and can be handled independently. However, applicants often realize the true complexity only after embarking on the process themselves and facing returned or refused applications.
If an application is returned due to the use of outdated forms or incompleteness, it results in a delay of 2 to 3 months in the process. In cases of refusal, permanent residence (PR) will not be granted for a minimum of 2 years. For Outland applications, if the spouse belongs to a non-visa-exempt country requiring a Temporary Resident Visa (TRV) to travel to Canada, they will be unable to visit for a minimum of 2 years, unless they already possess a valid TRV. Additionally, following a refused spousal application, the IRCC will not approve a TRV visa. To navigate these challenges, individuals should seriously consider seeking the assistance of a lawyer to guide them through the application process.
Unfavourable Outcomes in Spousal Applications: Understanding the Consequences
When it comes to spousal applications, there are several unfavorable outcomes that applicants may encounter. It’s crucial to be aware of these outcomes and their implications:
Application Returns: If an application is incomplete, the Case Processing Centre in Mississauga (CPC-M) will return it after a waiting period of 2 to 2.5 months. In the case of an Inland application, if the applicant relies on implied status through an approved Open Work Permit, falling out of status occurs as the work permit will not be processed. If the period of being out of status is less than 90 days, the applicant can apply for Restoration of Status and resubmit the spousal application. However, if 90 days have passed since falling out of status, the applicant can still be sponsored for permanent residence (PR) but will not be eligible for a Work Permit unless a Temporary Resident Permit (TRP) request is made along with the work permit application.
In-person Interviews: Nervousness and incorrect answers during in-person interviews are common occurrences that can raise suspicion in the visa officer’s eyes. Detailed notes are taken during the interview, and if the officer remains unconvinced, it can lead to application refusal.
Procedural Fairness Letter: In some cases, the IRCC may send a Procedural Fairness Letter, requesting additional information to support the application. It is crucial to respond to this letter with a detailed submission and provide relevant evidence. Failure to do so will likely result in refusal. If faced with this situation, seeking professional assistance to prepare a response is strongly advised. In the event of refusal, the appeal or re-application process will add another year to the overall timeline.
Refusal: Inland Spousal applications do not have the right to appeal (unlike Outland applications). If an Inland application is refused, the applicant in Canada will lose their status. The only options available are to hire a law firm for a Judicial Review of the original application or submit a new application. The Judicial Review process typically takes 3 to 4 months. For Outland applications, an appeal can be filed with the Immigration Appeal Division (IAD), and a hearing date will be scheduled within 1 to 1.5 years. During this time, the sponsored spouse will not be able to travel to Canada unless they possess a valid TRV. However, if a TRV is not already valid, the IRCC will not issue one after a refused sponsorship application.
Establishing the Authenticity of a Relationship: Key Factors and Potential Pitfalls
The Immigration, Refugees and Citizenship Canada (IRCC) closely examines the genuineness of every relationship to prevent cases of marriage fraud for immigration purposes. If the visa officer remains unconvinced about the authenticity of the marriage, they may refuse the application and impose a 5-year ban on the sponsored spouse, citing misrepresentation.
Various criteria are taken into consideration by the IRCC when assessing applications:
– Compatibility of the couple
– Co-habitation status (or lack thereof)
– Length of the relationship (shorter relationships of 2 years or less require additional supporting documents)
– Differences in religion or caste (for example, in Indian or Pakistani relationships)
– Age difference
– Difference in education
– Cultural disparities
8 Common Reasons Spousal Sponsorship Applications Are Returned
It is essential to understand these factors and present a strong case to establish the genuineness of the relationship. Additionally, it’s important to be aware of the common reasons for returned applications, which lead to a delay of approximately 3 months:
– Outdated or incorrect versions of forms: The IRCC frequently updates forms (around every 1-2 months), and using outdated or incorrect versions can lead to rejection.
– Incorrectly answering questions: Providing incorrect answers to any of the approximately 200 questions can jeopardize the application.
– Leaving questions blank or unanswered, and failing to use “N/A” where applicable.
– Missing required forms, documents, or evidence.
– Incorrect picture specifications, such as missing date of birth, studio name, or date taken, or having too much or too little white space around the head.
– Incorrect payment of fees or failure to include fees with the application.
– Confusing the roles of the “Principal applicant” and the “Sponsor.”
– Neglecting country-specific requirements or including incorrect information.
– Avoiding these pitfalls and ensuring compliance with all necessary documentation and guidelines will increase the likelihood of a successful application.
We Can Help!
Look no further than Zaidi Legal PC! Our experienced team of immigration lawyers is here to guide you through the intricacies of the Canadian immigration system. Whether you’re facing a spousal sponsorship application, a refusal, or need assistance with any immigration matter, we have the expertise to help.
Empower yourself with a trusted legal ally. Contact Zaidi Legal PC now and let us navigate the complexities of immigration law on your behalf. Your dream of a new life in Canada is within reach – seize it with confidence.
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The information presented in this blog post is thoroughly reviewed for accuracy and authenticity as of the date of publication, and is believed to be a reliable reflection of the law to the best of our knowledge. However, as the legal landscape is constantly evolving, we cannot guarantee the ongoing accuracy or completeness of this information beyond the date of publication. This material is provided for informational purposes only and is not intended to substitute for professional legal advice. Any actions taken based on the information contained on this website are undertaken at your own risk. It is always recommended to seek the advice of our team of legal professionals before making any legal decisions.
