before the Immigration Appeal Division
Your sponsorship application has been refused. If this seems like an unacceptable intrusion into your privacy, please know that we are familiar with this feeling, which has been shared by many of our clients.
You must now accept the reality of this refusal to understand what made your application fail. Was the evidence submitted sufficient? Did you travel enough to see each other in person? Do you appear to be compatible? Or, on the contrary, could the submission of your application suggest that your spouse is using you to gain status? How was the interview conducted?
Under section 4 of the Immigration and Refugee Protection Regulations, an officer must determine two things:
- was the common-law relationship or marriage primarily for the purpose of acquiring a status or privilege?
- is the common-law relationship or marriage genuine?
The intention of the parties at the time of first contact will be scrutinized by the agent. The officer will refuse the application if it appears to him or her that the circumstances of the meeting show that the spouse abroad was seeking a romantic relationship in order to come to Canada. Internet dating will be given special consideration.
Regardless of the reasons for refusal, we believe that you are the best judge of the authenticity of your relationship. We can help you maximize your chances of realizing your dream of bringing your partner to Canada.
We will first examine the grounds for refusal to determine whether it would not be more appropriate to submit a second sponsorship application. If your first application was flawed, there is no point in appealing your file. If not, we can then accompany and represent you in your sponsorship appeal to the Immigration Appeal Division.
Appeals before the Immigration Appeal Division are de novo appeals, meaning that new evidence may be presented. You should take advantage of this opportunity by finding the best documentation to support your relationship.
We can work to prepare your testimony, advise you and give you the benefit of our experience in representing you before immigration tribunals.