You sponsored your parents or grandparents and their 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.
Who can Appeal?
You can appeal to the IAD if you are a permanent resident or Canadian citizen who made an application to sponsor your parents or grandparents to immigrate to Canada and the visa application was refused by Immigration, Refugees and Citizenship Canada (IRCC).
Who cannot Appeal?
You cannot appeal if your parents or grandparents were 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
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:
- A completed Notice of Appeal form.
- A copy of the IRCC refusal letter sent to the person you sponsored.
Appealing a Sponsorship Decision – Sponsor’s Minimum Necessary Income
In this type of appeal, an immigration officer of IRCC has refused to issue a visa to a parent or grandparent whom you have sponsored. The refusal may have also included a family member who was coming with your parent or grandparent as a dependent. The officer decided that you (and your co-signer if you have one) do not have the income required to sponsor a parent or grandparent.
The minimum necessary income (MNI) requirement for the sponsorship of a parent or grandparent is equal to the low income cut-off (LICO)+ 30%, taking into account the number of family members for whom you are or will be financially responsible. The LICOs are income thresholds established by Statistics Canada below which a family will likely devote a larger share of its income on the necessities of food, shelter and clothing than the average family.
Demonstrate that you had the minimum necessary income when you applied to sponsor
If you believe that the officer’s decision was wrong because you in fact did have the MNI (LICO + 30%) during the three years before you applied to sponsor your parent or grandparent, you must demonstrate this.
You should provide documents that show the following as at the date you filed the sponsorship:
- The number of people in your family unit: that includes you and all family members, including all those you sponsored and their dependents where the sponsorship undertaking has not ended. If you have a co-signer, you must include all those your co-signer sponsored and their dependents where the sponsorship undertaking has not ended.
- Your income (and your co-signer’s income if you have one) for the three years before you applied to sponsor: this income should be equal to or more than the LICO + 30% for each of the three years.
- Any mistakes that you believe were made in handling your case.
What documents should you provide to show past and current income?
Be sure to provide notices of assessment you have received for your income tax from Canada Revenue Agency. If it is helpful, you may also wish to provide:
- T4 slips
- pay stubs
- letters from employers outlining your rate of pay, weekly hours and monthly or annual income, including any bonuses
- financial statements prepared by your accountant if you own a business
- corporate tax assessments for your business.
Download form IMM 5768 - Financial Evaluation for Parents and Grandparents Sponsorship from IRCC’s “Find application forms and guides” tool. Complete it and include it with your documents.
Do you have humanitarian and compassionate reasons for your appeal?
Another way to succeed in your appeal is to show the IAD that there are sufficient humanitarian and compassionate (H&C) grounds for your appeal, even if you did not have the LICO + 30% when you applied to sponsor. Being successful on these grounds will largely depend on the discretion of the decision-maker, who will weigh the sufficiency of these factors and take into consideration all of the relevant evidence to reach a fair and equitable result.
You should provide documents that show the following:
- The number of people in your family unit: That includes you and all family members, including all those you sponsored and their dependents where the sponsorship undertaking has not ended. If you have a co-signer, you must include all those your co-signer sponsored and their dependents where the sponsorship undertaking has not ended.
- The minimum necessary income needed for a family unit of that size.
- Your income (and your co-signer’s income if you have one) for the 3-year period before the scheduled date of your appeal hearing or Alternative Dispute Resolution (ADR) conference. How close you are to meeting the minimum necessary income is a consideration in deciding whether or not to allow or dismiss your appeal.
In addition, here are some humanitarian and compassionate factors that the IAD may consider:
- How strong is your relationship with the family member you are sponsoring?
- Do you have other family members in Canada? What is their relationship with you and the person you are sponsoring?
- Are you able to visit the family member you are sponsoring in his or her country? What is their situation there?
- Why is it important to have the family member you are sponsoring join you in Canada?
- What kind of support could the family member you are sponsoring provide to you if they were allowed to come to Canada?
- Will the best interests of a child be affected if the sponsorship is refused?
What documents should you provide to show humanitarian and compassionate grounds?
In addition to the documents you provide to show income (detailed above), you can send documents that show the closeness of your relationship with the family member and the importance of the sponsorship. Examples include letters and other messages, phone bills, family photographs, and receipts for money transfers or plane tickets.
Testimony of witnesses at the hearing, including yourself as sponsor and the applicants, may also show humanitarian and compassionate grounds.
IAD can either allow your appeal or dismiss it.
If your appeal is allowed
The decision to refuse the permanent resident visa application is overturned (or cancelled) and Immigration, Refugees and Citizenship Canada (IRCC) will resume processing the permanent resident visa application. Your appeal is closed and the Immigration Appeal Division (IAD) is no longer involved in the processing of your sponsorship application.
If your appeal is dismissed
The decision by IRCC to refuse the permanent resident visa application remains the same. Your appeal is closed at the IAD. You may apply to the Federal Court of Canada for leave, or permission, for judicial review. The Court will either dismiss your application or return the case to the IAD for re-hearing.
Get in Touch for more information or for appealing at the Immigration Appeal Division (IAD) of Immigration and Refugee Board of Canada (IRB).