Immigration Appeals

July 20, 2023
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Sponsorship appeals
Permanent residents or citizens of Canada whose application to sponsor a close relative to immigrate to Canada has been refused by the IRCC may appeal the decision to the IAD. A family sponsorship application may be rejected for various reasons but the most common ground of refusal is that the relationship is determined not to be genuine.

Residency obligation appeals
Permanent residents of Canada are required to be physically present in Canada for 730 days (2 years) out of every five years. If the permanent resident does not fulfil the residency requirement, he or she can lose their permanent resident status. In the case of a loss of permanent residency due to a failure to comply with the residency requirement, an appeal can be made to the IAD, and if allowed, the permanent resident will be allowed to keep their status. If the appeal is dismissed, then the permanent resident status will be lost and the IAD will issue a removal order. The decision of the IAD may be appealed to the Federal Court of Canada for a judicial review.