APPEALS

TO THE IMMIGRATION APPEAL DIVISION

SPONSORSHIP APPEALS

Who can appeal

You can appeal to the IAD if you are a permanent resident or Canadian citizen who made an application to sponsor a family member to immigrate to Canada and the visa application was refused by Immigration, Refugees and Citizenship Canada (IRCC). 

As the sponsor, you have the right to appeal the refusal of the application for permanent resident visas made by the persons you sponsored, under section 63(1) of the Immigration and Refugee Protection Act.

Who cannot appeal

You cannot appeal if the person you sponsored was found inadmissible to Canada because of:

  • Serious criminality, which is defined as having:

    • Been punished in Canada by a sentence of six months or more of imprisonment, or

    • Been convicted of an offence outside Canada that would be punishable in Canada by a maximum term of imprisonment of at least ten years, or

    • Committed an act outside Canada that would be punishable in Canada by a maximum term of imprisonment of at least ten years.

  • Organized crime

  • Security grounds

  • Violations of human or international rights, or

  • Misrepresentation (unless the person you sponsored is your spouse, common-law partner or child)

Residency Obligation Appeal

Generally, the Immigration and Refugee Protection Act (IRPA) requires permanent residents to be physically present in Canada for at least 730 days out of every five years. If you are a permanent resident who is outside Canada and a visa officer (also outside Canada) finds that you did not meet your residency obligation, you may lose your permanent resident status. You can appeal the decision to the Immigration Appeal Division (IAD) in order to explain why you should keep your permanent resident status. This is known as a residency obligation appeal (subsection 63(4) of the IRPA).

Who can appeal

You can make a residency obligation appeal if a Canadian overseas visa office found that you did not meet your residency obligation as a permanent resident. 

 

Who cannot appeal

There are no restrictions or exceptions to make a residency obligation appeal. However, if you received a removal order inside Canada because you did not meet your residency obligation, you will need to make a removal order appeal.

 

How to start an appeal

You have 60 days after the refusalto appeal to the IAD. 

 
 

CONTACT

YM VISA CANADA

OUR ADDRESS

1751 Danforth Avenue

Toronto, Ontario M4C 1J1

Email: info@ymvisacanada.com

Tel:  (647) 228-0252

 

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