My spousal sponsorship was refused. What can I do?
A spousal sponsorship refusal is not the end of the road. You have the right to appeal the refusal to the Immigration Appeal Division (IAD) of the Immigration and Refugee Board of Canada. The IAD can hear the appeal on the merits — meaning it can consider evidence not before the original officer — as well as on humanitarian and compassionate grounds.
The deadline to file a notice of appeal is strict: you typically have 30 days from the date you receive the decision to file with the IAD. Missing this deadline will likely bar your appeal, so act quickly.
You can also choose to submit a new application with stronger evidence rather than appealing, but a new application does not stop any removal proceedings and you lose the benefit of the IAD's broader powers (including humanitarian grounds). In some cases, judicial review at the Federal Court is an option, but this is a more limited review of legal errors, not a full reconsideration on the merits. An immigration lawyer can help you assess which path — IAD appeal, new application, or judicial review — is most appropriate given the specific reasons for refusal.
Key takeaways
- You have the right to appeal to the Immigration Appeal Division within 30 days of refusal
- The IAD can consider new evidence and humanitarian grounds
- Missing the 30-day appeal deadline is usually fatal to the appeal
- A lawyer can help you choose between an appeal, a new application, or judicial review