How To Win A Spousal Sponsorship Appeal
If your application for spousal sponsorship has been denied, there are a few things you can do to win the appeal. First and foremost, you need to be adequately prepared for the case. Both the sponsor and applicant will be required to provide oral testimony at the tribunal. A representative of the Canadian government will cross-examine both the applicant and the sponsor as well as any other witnesses who may be present during the hearing. During the hearing, the tribunal wants to determine that the information presented in the application is credible.
Common Reasons For Spousal Sponsorship Refusal
Spousal Sponsorship applications can be refused for different reasons including:
- If the CIC officer determines that the marriage was not real/genuine. This conclusion is arrived at after reviewing the supporting documents and probing the applicant and sponsor.
- If the CIC officer determines that the marriage was entered primarily for the purpose of immigration.
What To Expect At The Immigration Appeal Tribunal
The tribunal is a hearing de novo. This means it is a “new” assessment of the sponsorship application, that the tribunal is not bound by the decision of the immigration officer, and may reconsider all the facts of the case as well as any new evidence that the appellant wishes to produce. The tribunal will make a new decision based on all the documents submitted right up to the time of the hearing. This is why it is important to use the services of an experienced immigration lawyer, as they can help you to prepare your evidence for use at the hearing.
The spousal sponsorship appeal can take more than a year until you can have your case heard at the tribunal. During this time, it is recommended that you maintain a strong relationship with your spouse right from the beginning up until the date of the hearing.
How To Increase Your Chances Of Success
Spousal sponsorship appeals can be complex and tough cases to handle. First, you could go for months without having your spouse in Canada. You need to be emotionally prepared for the impact of the case.
Having a good immigration lawyer by your side is key. A lawyer will help you to best prepare for the tribunal. This includes taking you through the direct questions that you are likely to be asked as the sponsor, applicant or witness and also gathering all documents that will act as evidence that your marriage is genuine.
An immigration lawyer who has experience in spousal sponsorship appeals will ensure that no stone is left unturned. The lawyer will review your unique circumstance and develop a case that has a positive outcome. Whether you have a special situation such as a medical issue or financial challenges that resulted in your application being denied, your lawyer will work around them to ensure your best chances of success in the appeal process.
