Step 1: Starting a sponsorship appeal

If you have sponsored a family member whose application for permanent residence was refused, you may want to appeal that decision to the Immigration Appeal Division (IAD) in order to explain why the visa application should be accepted. This is known as a sponsorship appeal (subsection 63(1) of IRPA).

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).

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)

How to start an appeal

You have 30 days after receiving the refusal letter to appeal to the IAD.

To file a sponsorship appeal, you must submit:

Public proceedings

Immigration appeals are usually open to the public. This means that information used in your appeal is treated as public information and may appear in your decision. Your decision may also be published on the Internet. The public and the media will be given a copy of the documents in your appeal upon request, unless a confidentiality order is obtained or unless exceptional circumstances apply.