Sponsorship Appeal Lawyer in Canada
If your spousal or family sponsorship application was refused, you may have the right to appeal to the Immigration Appeal Division (IAD). Our immigration appeal lawyers help clients across Canada challenge refusals and build persuasive, well-supported cases for approval.
If your family sponsorship application was refused by Immigration, Refugees and Citizenship Canada (IRCC), you may be able to appeal the decision to the Immigration Appeal Division (IAD) of the Immigration and Refugee Board of Canada (IRB).
At Ayodele Law, our immigration appeal lawyers represent clients across Canada in challenging unfair sponsorship refusals. We help families overturn negative decisions, prepare persuasive appeal records, and advocate effectively before the IAD — combining compassion, strategy, and deep legal experience in Canadian immigration law.
What is a family sponsorship appeal?
A family sponsorship appeal is a formal legal process that allows a sponsor to challenge IRCC’s refusal of a family member’s permanent residence application. This includes applications for:
Spouse, common-law or conjugal partner
Dependent or adopted children
Parents and grandparents
The Immigration Appeal Division (IAD) has the authority to:
Review the reasons for refusal
Hear oral testimony and consider new evidence
Allow appeals based on humanitarian and compassionate (H&C) grounds even if the applicant is otherwise ineligible
Unlike an initial IRCC decision, an IAD appeal gives you the opportunity to fully present your case before an independent tribunal.
What Evidence Is Considered in a Sponsorship Appeal?
Unlike an initial sponsorship application, a sponsorship appeal allows for new and updated evidence to be presented. This may include updated relationship documentation, sworn affidavits, financial records, communication logs, travel history, and witness testimony.
At the appeal stage, the IAD assesses both the legal sufficiency and credibility of the evidence, placing significant weight on oral testimony and consistency across documents.
Common Reasons Family Sponsorship Applications Are Refused
IRCC most commonly refuses family sponsorship applications due to concerns about relationship genuineness, insufficient evidence, inconsistencies in testimony, or doubts about the sponsor’s ability to meet sponsorship obligations. Refusals may also arise from procedural fairness issues, missing documentation, or misinterpretation of cultural or family circumstances.
Understanding the specific refusal grounds is essential, as the Immigration Appeal Division focuses on whether IRCC’s concerns were reasonable and whether new evidence or testimony addresses them.
Who can appeal a family sponsorship refusal?
You may be eligible to file a sponsorship appeal if:
✅ You are a Canadian citizen or permanent resident
✅ You applied to sponsor a spouse, partner, child, parent, or grandparent
✅ Your sponsorship application was refused by IRCC
Certain refusals cannot be appealed — for example, those based on serious criminality, misrepresentation, or security concerns. At Ayodele Law, we review your refusal letter, determine whether an IAD appeal is available, and advise if a judicial review in Federal Court is more appropriate.
What Is an ADR Conference in a Sponsorship Appeal?
Some sponsorship appeals may be scheduled for an Alternative Dispute Resolution (ADR) conference instead of a full hearing. ADR is an informal process where a dispute resolution officer explores whether the appeal can be resolved without proceeding to a full hearing.
Successful ADR outcomes can result in the appeal being allowed more quickly, but preparation is critical. Poorly handled ADRs often fail due to inconsistent testimony or incomplete evidence.
How Long Does a Sponsorship Appeal Take?
Sponsorship appeal timelines vary depending on complexity, hearing type, and regional IAD backlogs. Some appeals resolve through ADR within several months, while full hearings may take longer.
Delays are common, but proper preparation can reduce adjournments and improve outcomes. We advise clients early on realistic timelines and procedural expectations.
| What Happens in a Family Sponsorship Appeal |
|---|
| ➊File a Notice of Appeal — must be submitted within 30 days of receiving your refusal from IRCC. |
| ➋Disclosure of Evidence and Witness Lists — both parties exchange relevant documents and witness information. |
| ➌Alternative Dispute Resolution (ADR) Conference — an informal meeting to explore early resolution without a full hearing. |
| ➍Full Hearing before the IAD — your lawyer presents arguments, evidence, and witness testimony before a decision-maker. |
| ✔If the appeal is allowed: The refusal is overturned and the case is returned to IRCC for reprocessing. |
| ✖If the appeal is dismissed: You may still pursue a judicial review in Federal Court. |
Appeal, Re-Apply, or Judicial Review: Which Option Is Right?
Not every refusal should be appealed. In some cases, re-applying with stronger evidence is more effective. In others, judicial review in Federal Court may be appropriate if the refusal involved legal or procedural errors.
Choosing the wrong pathway can result in wasted time, unnecessary separation, or lost appeal rights. Legal advice is critical before proceeding.
Why hire Ayodele Law for your sponsorship appeal?
At Ayodele Law, we understand that family separation can be emotionally devastating. Each sponsorship appeal is handled with care, precision, and unwavering dedication to helping families reunite in Canada. Our sponsorship appeal lawyers approach every case with both legal expertise and empathy.
Our process includes:
- Conducting a thorough review of your IRCC refusal letter and full immigration file.
- Preparing persuasive legal submissions, evidence, and witness statements.
- Representing you at ADR conferences and full IAD hearings.
- Making compelling arguments grounded in law, fairness, and humanitarian considerations.
We help you tell your story clearly and persuasively so decision-makers understand the real human impact of your case. Led by Tracy Ayodele, our boutique immigration law firm brings a personalized and strategic approach to every sponsorship appeal, advocating for fair outcomes and lasting family reunification.
Frequently Asked Questions
Sponsorship appeal cases often raise urgent legal and personal concerns. Below are answers to common questions we receive from sponsors and families after a spousal or partner sponsorship refusal. Because appeal deadlines are strict and outcomes can have lasting consequences, obtaining legal advice early is critical.
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Yes. Most Canadian citizens and permanent residents can appeal a refused spousal or partner sponsorship application to the Immigration Appeal Division (IAD). Appeals are generally available when the refusal relates to relationship genuineness, eligibility, or humanitarian considerations. Appeals are not available in certain cases involving serious criminality, security concerns, or misrepresentation.
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Spousal sponsorship applications are most commonly refused due to concerns about the genuineness of the relationship, inconsistencies in evidence, insufficient documentation, or doubts about the sponsor’s ability to meet their obligations. Prior marriages, short courtships, long periods of separation, or previous refusals can also increase scrutiny.
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You must file a Notice of Appeal within 30 days of receiving the refusal decision. Missing this deadline can permanently eliminate your right to appeal, so it is critical to act quickly and seek legal advice as soon as possible after a refusal.
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Sponsorship appeals can take several months to over a year, depending on the complexity of the case. Some matters resolve earlier through an Alternative Dispute Resolution (ADR) conference, while others proceed to a full hearing before the IAD.
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Strong appeals are supported by updated and detailed relationship evidence, including communication records, travel history, photographs, financial interdependence, affidavits from family and friends, and proof of hardship caused by separation. Addressing the specific reasons for refusal directly is essential.
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If your appeal is allowed, the IAD will send the matter back to IRCC for continued processing. IRCC will reassess the application in line with the IAD’s decision and, if all remaining requirements are met, permanent residence will be issued.
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This depends on the reason for refusal and your individual circumstances. In some cases, re-applying with stronger evidence may be appropriate. In others, an appeal is the better option—especially where credibility findings or fairness issues are involved. An immigration lawyer can help determine the most strategic path forward.
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Judicial review at the Federal Court is a separate process that focuses on legal or procedural errors, not new evidence. It is typically used when an appeal is not available or after an appeal right has been exhausted. Choosing the correct remedy is critical.
From Our Clients
Tracy has a wealth of experience in immigration law, and her deep understanding of the process was evident throughout my case. The team at Ayodele Law treated me with respect and kindness, making me feel more than just another case file
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Email: admin@ayodelelaw.ca