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Spousal Sponsorship Refusals
Spousal Sponsorship Refusals
There are two main types of reasons a spousal sponsorship is refused:
- The sponsor is ineligible
- The person being sponsoring is ineligible
Which is Better to Appeal or Reapply?
It is usually only recommended to appeal when the application submitted was complete and contained all the required documents and information requested by IRCC. Otherwise, the appeal may be denied and losing the appeal would result in the sponsor effectively no longer being able to sponsor his or her spouse every again given that the Immigration Appeal Division has already decided negatively on the matter. If the application which was refused was incomplete, which is often the case, then it should not be appealed and instead the sponsor should consider re-applying. A second refusal could always be appealed if circumstances dictate that.
Common Reasons for Spousal Sponsorship Refusals
You must be eligible to sponsor your spouse to Canada. You should be currently residing in Canada or intend to reside in Canada after completion of the sponsorship process. You must also meet the minimum requirements to sponsor.
Your spouse must fulfill the basic eligibility requirements applicable to all permanent residence applicants. If your spouse is a security risk, guilty of human right violations, does not have a clean criminal record, or has significant health problems he or she might not be eligible to be sponsored.
Sponsoring a spouse requires a great deal of personal details and information regarding the nature of the relationship in addition to the type of information that is normally required on sponsorship applications. Both the sponsor and person being sponsored must ensure the information submitted to the immigration authorities is accurate and complete and can be substantiated by documentary evidence to minimize risk of denial of the application. Any misrepresentation, accidental or deliberate, usually results in the application being denied.
A marriage of convenience is a type of marriage fraud in which both parties enter in a marriage solely for the purpose of the person being sponsored obtaining a permanent resident visa. The application requires detailed information about the sponsor’s relationship with his or her spouse or order to assess the true nature of the relationship. If the immigration officer suspects a marriage of convenience the application will be refused.
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How can a Regulated Canadian Immigration Consultant Help?
- In addition to making sure the application is complete there are three main areas where an RCIC can help.
- Obtain and Examine GCMS Notes
Global Case Management System (GCMS) is the information system used by IRCC to process visa applications and contain the entire case history. They contain the notes the visa officer has entered into the system when making a decision about an application and contain invaluable insight into the visa officer’s analysis of the case and reasoning behind the decision. GCMS notes and the refusal letter can help identify the reason for the rejection and enable you to rectify the problem by making the proper corrections and provide additional information to strengthen your application where the visa officer had concerns.
- Professional Representation
If you did not have a representative for your previous application you probably only submitted the required documentation listed on the IRCC document checklist.Often, submitting only those documents are not enough to make your case that you will return to your home country after your visit and to satisfy the visa officer of other requirements of obtaining a visitor visa. Generally, it is wise to submit as much evidence as you can beyond the minimum required by IRCC. Your representative can assist you in preparing and submitting a stronger application to IRCC that address the concerns the visa officer had about your previous application.
- Submission letter
An RCIC will prepare and submit a submission letter on behalf of the applicant along with the application. The submission letter will respond to and address the reasons for refusal identified in the GCMS notes and on the refusal letter.
IN OUR EXPERIENCE THE COMBINATION OF THE THREE FACTORS ABOVE IS USUALLY SUFFICIENT TO OVERCOME MOST REFUSALS, ESPECIALLY THE MOST COMMON OR FREQUENT ONES.
