Currently, Canada is one of the most preferred destinations for immigration across the world. Easy access to health care facilities, excellent social securities and handsome salary structure attracts people from high and low economic countries.
British Colombia is a popular province in Canada that constantly remains at the top of prospective immigrants’ choice lists. Here you can know how our expert lawyers from Calgary Immigration Appeal Lawyers guide you through the immigration process.
How do Immigration Appeals Work?
You can apply for an immigration appeal if your immigration request has been denied recently by an immigration office in Canada. You normally need to get a lawyer to appeal against a denied decision of IRB Canada.
To appeal, you have to submit a formal application to a Federal Court of Canada, attaching your rejection notice. Then you have to fill up a Memorandum of Fact & Law. After reviewing your files, the court will call you and your lawyer for an oral hearing.
To defend your appeal, strongly consult with an expert immigration lawyer.
What Kind of Evidence Will do I Need to Make an Appeal?
Evidence varies from case to case. Generally, you have to submit the following documents as evidence to make an appeal:
- Notice of refusal
- Formally written application
- Signed copy of Memorandum of Fact & Law
- Copy of other necessary papers
- Copy of documents submitted during immigration request
If you want to prepare appropriate documents using prescribed language, it is better to hire a local lawyer at your soonest.
Who Has the Right to Make an Immigration Appeal?
A registered lawyer can submit a formal appeal to Immigration Appeal Division on behalf of you all over Canada.
However, if you have a PR or Canadian Citizenship who has sponsored another family member, you can make an appeal.
Note: You have to submit your appeal within 30 days of being notified of the refusal decision.
How Long does an Immigration Appeal Take?
There is no fixed duration to resolve an immigration appeal. The usual Immigration Appeal Division process time ranges from one to six months. Depending on the workload in IAD, your appeal hearing might take one year as well.
Though you have plenty of reasons to be worried about delayed processing, be informed that it does not influence the outcome of your appeal.
How do I know if I Have the Right to appeal to the IAD?
You usually have the right to apply for an appeal to the IAD. Under the following circumstances, you cannot submit an immigration appeal to IAD:
- The IRCC has barred you from submitting a sponsoring application.
- You cannot sponsor or appeal immigration for individuals residing inside Canada.
- The IRCC has declared the sponsored person as inadmissible to Canada.
An immigration lawyer can explain to you whether you have a right to apply or not after assessing your files.
What Types of Evidence Can I lead before the IAD?
IAD analyzes your appeal on a case-by-case basis. So what types of evidence you need to gather before leading to the IAD will vary from time to time.
We recommend you consult with an immigration lawyer to know what types of evidence you require in your case.
You can apply for a sponsorship appeal if you are allowed to do so under IAD rules of appeal.
Sometimes you have to go through the Alternative Dispute Resolution (ADR) process. To understand the entire process of sponsorship appeal under ARD, we advise you to consult a lawyer referring your case.
Residency Obligation Appeals
A permanent resident is required to stay in Canada for a minimum of 730 days within five (5) years. When a visa officer finds an anomaly in your period of stay inside Canada, legal action will be taken to terminate your PR status. In such a situation, you have the right to appeal residency obligation.
Unless you have received a removal order from Canada, you can submit a residency obligation appeal.
Note that you have to submit your appeal within 60 days from your refusal notice to IAD.
You have to submit the following documents with your appeal application to IAD:
- Completely filled Notice of Appeal form from each member of your being influenced by the refusal order.
- 2 copies of the refusal notice from the respective overseas visa office.
Contact Us –
To maximize the chance of the appeal awarded in your favour, get in touch with our highly skilled lawyers. Call us on (403) 538-3460 to talk or write to us at . You can also book a slot and visit our office to consult one of our finest legal experts.
Immigration appeal is complex and lengthy, but we guarantee that our highly qualified lawyers are always ready to help you out.
Frequently Asked Questions
You can read the below questions to get an idea of related topics.
What is Immigration and Appeal Division (IAD)?
Immigration and Appeal Division (IAD) is a subdivision of the Immigration and Refugee Board (IRB). It is an independent tribunal that handles appeals related to immigration matters.
What is the Obligatory Duration to Stay in Canada for PR?
To keep your permanent resident valid, you have to reside inside Canada for a minimum required duration within a certain time. The legal term for this is residency obligation. You have to stay inside Canada for 730 days within 5 years.
What are the Grounds for Immigration Appeal?
The most common grounds accepted by IAD for immigration appeal are:
- An error in law or fact
- A breach of nature of justice
- Humanitarian & Compassionate grounds
- Special circumstances
What is Alternative Dispute Resolution (ARD)?
ARD operates, offering more of an informal approach to resolve the appeal claim related to immigration. Normally an ARD consultation period exists for one hour.
How do I Challenge My Immigration Decision?
If you are eligible to appeal, you can submit a claim at IAD of IRB Canada within due time. However, it is highly recommended to get legal assistance for this process.