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Spousal Sponsorship Appeals

May 25, 2021BY Dale Carroll

Migrating to a foreign land with a family has been a common practice for years among underdeveloped countries. Believe it or not, people of the less fortunate countries often get married just by moving abroad.

Canada is one of the most popular destinations for migrating as the nation is very welcoming towards immigrants. Spousal sponsorship is a relied method of migrating with your partner to Canada.

However, every technique has its upside and downside. Sometimes, the application of spousal sponsorship is denied. The good news is even if your application is rejected, it is not the end. Let us see what the ways to make your application work are.

Common Reasons for Spousal Sponsorship Refusal

Here are the reasons why often spousal sponsorship is denied.

Unqualified to Sponsor

Being a Canadian citizen or a permanent resident is not enough to be a qualified sponsor. There are other things about which the sponsor should be careful. Firstly, he or she should have a clean record of loans and bonds payment (if the person has any).

Secondly, the sponsor cannot have any criminal record; besides, if the sponsor has sponsored anyone before, he should have a successful history. Lastly, the Canadian Government will examine if your spouse is from the same country as you are. If not, the whole process will become a lot more complicated.

Spousal Sponsorship Appeals

Unqualified to Be Sponsored

Even though there are limitations on which relatives you can sponsor, there are no such limitations on spouses. However, your spouse should have specific qualities to qualify. Two of the significant things that are observed before the Canadian Government allows anyone is as follows,

  1. If the Person Has Any Criminal Record
  2. If the Person Has Any Severe Illness

Read Also: Eligibility for the Refugee Appeal Division

If the Sponsor is Not Living in Canada

If the person who is sponsoring you is not residing in Canada, then the application will not be accepted. Make sure that your sponsor is not a permanent resident of another country. If he is living somewhere else during the application process, there is no way your application result will turn out positive.

Mistake While Declaring Family Member

When you apply for permanent residence in Canada, you need to declare all your family members in the application. If you have failed to mention all your family members with accurate information, the Canadian Government will find it during the inspection. Thus, it will discredit your application and create hurdles for you.

Unauthentic Information in the Application

You need to be very careful while filling your application form. One may think, how it is possible to inspect this much information. But, believe it or not, it is possible.

The Canadian Government will contact the High Commission or the Consul office depending on which country you are in. After that, they will check whether or not everything you have written in your application is authentic.

If the Government finds the slightest gap in information you have provided, and in reality, they will discard your application.

Contract Marriage

Once upon a time, it was a prevalent concept. However, these days it is not as easy as before. Nowadays, the Canadian Government inspects whether or not you got married only for being a permanent resident or a citizen.

They will examine the relationship, the marriage documents from various angles. That is done to avoid the inconveniences that come after a contract marriage. Usually, once someone successfully immigrates, he/she files for divorce.

As a result, the outcomes are messy and sometimes even include lawsuits. To avoid these unwanted situations, the Canadian Government is now very strict about contractual marriage.

Spousal Sponsorship Re-apply or Appeal?

Unfortunately, if you have made any of the mentioned mistakes, you will have two options. One is to apply again, and one is to appeal. However, it would be best if you took the decision delicately.

Re-application is difficult because you will have to prove all the gaps between your new application and the previous application. Believe it or not, it is not as easy as it sounds. Again, if you appeal, and if you lose, you will not be able to sponsor your spouse ever again.

Thus, sponsorship appeal is a very tricky business. In my personal opinion, it is better to re-apply rather than appealing.

Read Also: Basic information about the visitor visa application in Canada

Who Can Appeal and Who Cannot?

Suppose you are a Canadian citizen or a permanent resident, and you have applied for sponsoring your spouse or fiancé who lives in another country. Unfortunately, your sponsorship application was refused.

You can appeal; however, if you have a criminal record, you cannot. However, apart from having a criminal record, there is nothing much that would stop you from appealing.

Do not forget to hire a great lawyer because you can lose the ability to sponsor again if you lose the appeal.

How to Increase Your Chances of Success?

As I have mentioned before, there are few reasons why they might discard your application in the first place. Thus, be very careful about those mistakes. It is all about how cautious you are.

If you handle the matter delicately, you will manage to skip the errors, and your chances are higher. Besides, for sponsorship applications, honesty is the best policy.

There is no way that anyone can hide anything from the Government. As the applicants go through a thorough inspection, everything will come out eventually.

Conclusion

Moving to a new place and having your family around you is an excellent way of having a great life. However, it comes with some responsibilities. As you have seen, someone with criminal records has a very slim chance of sponsoring or being sponsored.

Therefore, it is best to stay away from illegal activities. Criminal activities do not only make this plan difficult; it makes any plan difficult. Besides, being a good citizen always make these steps smoother.

No country would take you in as their immigrant if you were not good enough for your own country. To summarize, now you know things that can discredit your application. Hence, avoid the mistakes and apply them successfully.

 

 

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