Your sponsorship was refused. You have real options.
A refusal letter is not the end of the file. Depending on how you applied, you may have the right to appeal to the Immigration Appeal Division, seek judicial review in Federal Court, or reapply with strengthened evidence. The right choice depends on the file — and the deadline is tight.
Time-sensitive: Appeal deadlines are short. For IAD appeals, you generally have 30 days from receipt of the refusal notice. For judicial review at Federal Court, deadlines are also tight — 15 or 60 days depending on whether the decision was made inside or outside Canada. If you have a recent refusal, do not wait to seek advice.
First: read the refusal letter carefully
Every refusal letter contains three critical pieces of information — the officer's reasons, the deadline for any recourse, and the class under which the application was filed. The recourse available depends heavily on the class:
Outland (Family Class) refusal → appeal to the Immigration Appeal Division (IAD)
Inland (Spouse or Common-Law Partner in Canada Class) refusal → no IAD appeal right; options are Federal Court judicial review or reapplication
Many refused clients we consult have not yet realized which class their file was under, or that the IAD is unavailable to them. The path forward is not the same for every refusal.
Option 1: Appeal to the Immigration Appeal Division
For outland spousal refusals, the IAD is generally the strongest recourse. An IAD appeal is a de novo hearing — the appeal member is not bound by the visa officer's factual findings. New evidence can be filed, both spouses can testify, and the credibility findings that led to the refusal are re-examined based on live testimony.
Key features:
Filed with the IRB within 30 days of receiving the refusal
Hearings usually take place 12–24 months after filing, depending on region
Alternative Dispute Resolution (ADR) may resolve the file earlier without a full hearing
The Minister's counsel represents the government's position at the hearing
Option 2: Judicial Review at Federal Court
Where an IAD appeal is not available (most commonly, inland refusals), the alternative is an application for leave and judicial review at Federal Court. This is a fundamentally different type of proceeding — the Court does not decide whether you should be granted permanent residence. It decides whether the officer's decision was reasonable and made in accordance with procedural fairness.
If judicial review succeeds, the file is sent back to IRCC for redetermination — usually by a different officer. It does not guarantee approval, but it removes the flawed decision and gives the file a fresh chance.
Deadlines:
15 days from the decision if the decision was made inside Canada
60 days from the decision if the decision was made outside Canada (i.e. at a visa office abroad)
Option 3: Reapplication
In some cases the most efficient path forward is a well-prepared reapplication that squarely addresses the reasons for refusal. This is particularly true where:
The refusal turned on documentary gaps that can now be filled
Circumstances have changed materially (for example, additional cohabitation time, birth of a child)
The appeal timelines would be longer than the refile-and-approve timeline
The IAD is not available and Federal Court review has weak prospects
Reapplication is not a "do-over" — the new file must directly rebut the officer's original findings, with clear evidence of what has changed. Without that, the same refusal is a near-certainty.
Ready to discuss your file? A free 15-minute consultation is the fastest way to know where you stand.
Most refusals we see fall into a few recurring categories. Understanding which one applies to your file is the first step in choosing recourse:
Genuineness of relationship. The most common ground. Officers conclude the relationship was entered into primarily for immigration purposes, or is not a genuine conjugal union. Highly rebuttable on IAD appeal with live testimony.
Bad faith relationship (paragraph 4(1) of the Regulations). A finding that the marriage or partnership was entered into primarily to obtain status. Different technical standard from genuineness — often argued together.
Inadmissibility. Criminal, medical, or misrepresentation findings on the sponsored spouse. Recourse depends on the specific ground — some can be addressed by TRP (Temporary Resident Permit) or rehabilitation, others require different procedures.
Sponsor ineligibility. The sponsor does not meet requirements — for example, undischarged bankruptcy, prior sponsorship default, criminal record, or lack of continuous Canadian residence for citizens residing abroad.
Section 117(9) exclusion. The sponsored family member was not declared and examined during the sponsor's own immigration application. This is a serious and often permanent barrier that requires specialized analysis.
What we do on a refusal file
Read the file, not just the letter. We request the GCMS/CAIPS officer notes to see the reasoning that never made it into the refusal letter. Those notes usually reveal the real basis for the decision.
Assess recourse and timelines. We identify every available route — IAD, Federal Court, reapplication, or a combination — and lay out timelines and cost-benefit for each.
Choose one, execute cleanly. Filing every possible recourse to hedge is expensive and often counter-productive. We pick the strongest path and prepare it properly.
Flat-fee and hourly work
Refusal work has more variables than initial applications, so pricing is discussed in the consultation once we have seen the refusal letter and understood what recourse fits. IAD appeals are usually quoted as a flat fee. Federal Court judicial review is quoted based on the specific procedural stage. Reapplications are quoted as flat fees, comparable to initial sponsorship pricing.
Move now — deadlines matter
The single most damaging mistake we see on refused files is delay. Missing a 30-day or 60-day deadline can permanently close off the strongest recourse. If you have a refusal letter in hand, please call today or book a free consultation so we can identify your deadline before anything else.
