Canada has welcomed immigrants with open arms. Thus, it is not surprising that newcomers soon want to bring over their loved ones and settle into a new life in the country. Moreover, Immigration, Refugees and Citizenship Canada (IRCC) has been open to relatives of permanent residents staying with them to make their stay that much more pleasant.
However, applying successfully as a sponsor for your family members is not easy. The IRCC follows strict guidelines. It has set a number of requirements for sponsors and their family members. These make sure that only those people who are eligible under the rules are able to come and settle with the qualified permanent resident.
If you have sponsored an applicant and are now waiting expectantly for some news, here is what happens once your application has been submitted.
NOTICE OF INCOMPLETE APPLICATION
Believe it or not but incomplete application notices are extremely common. Even for applicants who take a lot of care, it is not uncommon. These are sent when either information or documents required for the process are not provided with the application.
This can be a financial document, medical evaluation, identity proof. It can be any other document that you were required to submit too. For instance, it is also possible that the IRCC is not satisfied with the translation of a document. Then, you may be requested another translation.
Also, if your sponsorship fee is missing the IRCC will send you a notice to rectify this mistake.
SENT AN ACKNOWLEDGMENT OF RECEIPT LETTER
The IRCC will send a letter acknowledging receipt of the application. This is done your application is confirmed complete and no documents are required. However. this is not a confirmation that your application has been accepted. It only means that the process has been started.
This is a good time to check how long processing times are for your particular application. You can check the status of your application here: https://www.canada.ca/en/immigration-refugees-citizenship/services/application/check-processing-times.html
ASSESSMENT OF YOU AS A SPONSOR
You are the first person to be assessed after you have submitted your family sponsorship application. The IRCC will determine if you satisfy the criteria for sponsoring relatives in Canada. They will consider a number of factors in your sponsorship. These can include your level of income, the amount of time you have spent in the country, and whether you have a criminal record. Even your own status will be considered. For example, if you may not be eligible to sponsor your family members if you yourself have been sponsored as a spouse in the last 5 years.
In fact, it is only once you are approved as a sponsor can the process be taken forward for your relatives.
ASSESSMENT OF THE PERSON YOU ARE SPONSORING
There can be a number of evaluations for the family member you have sponsored. However, it depends on a case-to-case basis The first assessment: is the person eligible to visit Canada in the first place. Again, a criminal record in their home country or other embellishment can lower their chances of being permitted into Canada.
Satisfactorily passing the prescribed medical examination is another factor. Also, the availability of medical insurance coverage is essential too.
THE APPEAL PROCESS
In the event your sponsorship application is denied, you have recourse to an appeals process. However, as a knowledgeable immigration lawyer, Ronen Kurzfeld has seen that sometimes it is better to begin the process again.
As a permanent resident or citizen of Canada, you can appeal to the Immigration Appeal Division for the refusal. There are some restrictions on appeal:
- Serious criminality – if the person being sponsored has been sentenced to punishment in Canada for six months or more; or has committed or been convicted of an act that would be punishable in Canada for 10 years or more.
- Misrepresentation – the IRCC has found the person you sponsored to not have been the person you claimed, or does not bear the relationship to you that you claimed.
- International or human rights – for violation of international or human rights; being a security concern in Canada; being a part of organized crime or other security grounds.
The appeal must be started within 30 days of you receiving the letter of refusal. It requires a Notice of Appeal form and a copy of the IRCC refusal letter sent to the person you sponsored be sent as well.
GETTING PROFESSIONAL IMMIGRATION EXPERTISE
The family sponsorship process is a complicated one. There are many variables in how the application has to be presented, and chances to be persuasive. You should trust and rely on a practice such as the Immigration Law Office of Ronen Kurzfeld to guide you through this process.
Has your application been refused? Don’t lose hope! There are other options still open for you and your family. Get in touch with immigration lawyer Ronen Kurzfeld and let him get the results you want. We have handled thousands of immigration matters successfully and know how to prepare the right application package.