Immigrating to Canada is everyone’s dream. But the process can be very complex. You never know when the IRCC denies you immigration status. So, it would be best if you were ready to appeal against the decision.
Immigration appeals are a much harder process than actually applying for immigration. There are many things to consider. A Langley immigration appeals lawyer can help you through the process.
This article will focus on providing an in-depth idea about Canadian immigration appeals. We will see how the process works and some different types of immigration appeals.
What Is Meant by Immigration Appeals?
Being denied immigration is no unusual situation. It can be very frustrating news to receive. But a good part is that you can appeal against the decision.
When the IRCC rejects your immigration application, you can appeal against them. You will need to make this appeal in the Immigration Appeals Division (IAD). The IAD is a completely separate part of IRCC.
The IAD is a part of the Immigration and Refugee Board (IRB). A representative of IAD will be responsible for looking into your appeal. So, you can rest assured that the process is not connected to IRCC at all.
But it would help if you were allowed by the IRB to appeal against the immigration decision. There can be many reasons why they will allow this option to go on. There might be some mistakes in the law. Or the decision was unfair against you.
The Complete Process of Immigration Appeals
As already mentioned, you need acceptance from the IRB to appeal against the immigration decision. This means that you must first apply for an intention to appeal.
And then, you will be able to make the actual immigration appeal. So, there can be a total of 3 steps involved in the process.
The first process is to show that you intend to appeal against the immigration decision. This appeal should be made to the Federal Court of Canada.
The Federal Court will review your appeal intention. If everything seems right, you can move to the next step.
In this step, your job is to submit different documents supporting your appeal claim. At first, you will need to submit a Memorandum of Fact and Law document.
This document outlines why you are appealing against the immigration decision. The court will review the document and then give a decision. If the decision is in your favour, you will be granted a “Leave.”
The last step is to attend an oral hearing in front of the court. The Federal Court will give you a date of hearing. You will need to be there with your lawyer.
The lawyer will argue against the original decision and why it should be overturned. The IRB will show that your immigration decision is under appeal. So, you will not be removed from the country until a final decision comes.
3 Different Types of Immigration Appeals
The IAD is specific in the types of immigration appeals one can make. The judge or a member of IAD will only hear 3 different types of immigration appeals. This can come from anyone inside or outside the country.
A permanent resident or citizen of Canada can sponsor family members for immigration. But the IRCC can reject this immigration for many reasons. When this is the case, you can appeal against the decision in IAD.
There can be many reasons behind such a rejection. For example, there may have been a misrepresentation in parental sponsorship. In this case, you cannot appeal against the immigration decision at all.
There can also be spousal sponsorship. The IRCC may find that your relationship with the person is not genuine. This sponsorship application can also be denied due to a lack of actual evidence. But you can still appeal against the decision to IAD.
Residency Obligations Appeals
A PR holder in Canada must live in the country for 730 days out of 5 years. This is a requirement before one can get citizenship status. If you fail to follow this, the IRCC will take away your PR status. You can also appeal against this decision to IAD.
You will only be allowed to appeal on specific grounds. For example, if you can show a breach in the law, you will appeal. Also, you can appeal on compassionate and humanitarian grounds.
Removal Order Appeals
A PR holder can also get a removal order for any serious crime. If you are in this position, you can appeal against the decision as well. But certain cases will allow you to make an immigration appeal.
Suppose you have been involved in a very serious criminal act. The act is punishable by at least 6 months of imprisonment. This type of case will not allow you to appeal against the removal order. Also, being involved in organized crimes or terrorist activities will never let you appeal.
You cannot appeal against a removal order if you do not hold a PR status. Instead, you can appeal to the Federal Court.
Why You Need a Langley Immigration Appeals Lawyer
Getting legal support is mandatory in making an immigration appeal. There are many things that only an experienced lawyer would be able to tell you about. You will need lawyer support to make different important decisions.
The first thing to consider is that you need acceptance from the Federal Court to make an appeal. You cannot complete this step without a lawyer.
It is a must to let a lawyer handle the application of appeal intent. The Canadian Immigration Law only allows a lawyer to make the application as well.
Then, it would help if you were sure about the situation when you can appeal. There are certain cases when you cannot appeal at all. Two very good examples are involvement in terrorist activities and parental sponsorship rejection.
And there are many other circumstances as well. It is unlikely that you would know about these on your own. So, you need to hire a lawyer to understand your situation.
Frequently Asked Questions
People are often sharing their queries on different platforms, and they are not getting any proper solutions. So, our experienced lawyers have answered all those questions for you. Go through all those answers and improve your knowledge.
What Kind of Evidence Do I Need to Make an Appeal?
The evidence you need to appeal, depends on the rejection reasons. You can show travel and employment records, bank records, and stronger documents backing up your appeal.
Who Has the Right to Make an Immigration Appeal?
There can be many factors that affect the right of a person to make an immigration appeal. Not everyone can appeal. For example, even a PR holder cannot appeal if the person had terrorist involvement. It is always best to consult an immigration lawyer.
How Long Does an Immigration Appeal Take?
The time length of an immigration appeal varies from case to case. You should be ready to spend 6 months to 2 years before getting a final decision.
How Much Does It Cost to Hire an Immigration Lawyer in Canada?
The immigration lawyer’s costs can depend on many things. The rate varies from lawyer to lawyer and case to case. You should be ready to spend a hundred dollars to a few thousand dollars.
Do Immigration Lawyers Charge for Consultation?
Some immigration lawyers will charge a small fee for a consultation. It should be lower than a hundred dollars depending on the time you spend with the lawyer.
How Do I Choose a Good Immigration Lawyer?
The best way to choose a good immigration lawyer is to research your options. A good immigration lawyer should have an excellent track record. Also, the lawyer should have experience handling cases like yours.
Immigration application rejection is a frequent scenario in Canada. Every year many foreign and Canadian residents get denied entering or staying in the country. These decisions are not always correct.
So, you can make an appeal to IAD against the decision of IRCC. A Langley immigration appeals lawyer can help you through the process.