Appeals for Canadian Immigration: 6 things you should know

Six things to know about appeals for Canadian immigration: –

1. What is the meaning of appeals for Canadian Immigration?

Many people aspire to immigrate to Canada to lead a peaceful life in a progressive society. However, some people face refusal from the immigration office. This might be very disturbing as one’s whole life is at stake. Nevertheless, it is not the end of the road. Canadian government puts its best efforts to accommodate immigrants in every possible way. Appeals to Canadian immigration are one such way.

Hire the best immigration consulting firm in Karachi, in case the IRCC refuses your application. It is important to have someone knowledgeable and experienced to guide you in such a crucial matter.

Whether you have applied for a Canada Start-up visa program or a study permit, the doors of appeal are always open to facilitate immigration. 

2. Reasons for application refusal: –

Firstly, you must know the possible reasons why the authorities may refuse an application. Here are some of them.

• Failure to submit proof of financial support: –

This is especially true in the case of a study permit or business visa where proof of funds is an essential requirement. The IRCC has to ensure that the immigrant shall contribute to the progress of Canada’s economy, rather than being a financial burden on the social security system of the country. Hence, the applicant must demonstrate that he has enough funds to support himself and his dependents for at least six months. 

• Questionable intent to leave the country once the visa expires: –

In the case of a study permit, or a temporary visa, the applicant must leave the country once the visa expires. The application must provide sufficient evidence that the applicant will not continue to live illegally in the country after the expiration date. However, if he still wants to live in Canada, he can apply for an extension after that. Failure to give such a convincing application might lead to a refusal. Appeals for Canadian immigration come in handy in such cases.

• Failure to show necessary documents from the Canadian side: –

If the applicant does not show an offer letter from a Canadian employer or an acceptance letter from a Canadian university, this could lead to refusal. 

• Incomplete travel documents: –

IRCC requires the submission of many legal documents along with the application. Complete travel records, immunization and medical record, criminal record, and identity documents are essential for the acceptance of an application.

3. Different types of appeals for Canadian Immigration: –

Here are some options for appellants to make an immigration appeal.

• Sponsorship appeal: –

This appeal is relevant for people who already live in Canada and applied for PR in Canada for their family members. If the authorities reject the application of the family member, they can make a sponsorship appeal.

• Residency obligation appeal: –

If the IRCC discovers that you failed to meet your residency obligation, you could lose your permanent residency status. Residency obligation requires the immigrant to be physically present in Canada for at least 730 days every five years. Residency obligation appeal is for those who applied for a travel document to a Canadian visa office while overseas. 

• Removal order appeal: –

One of the appeals for Canadian immigration is to request a review of the removal order. The following categories of people can appeal if they receive a removal order: –

• a permanent resident of Canada
• a foreign national having PR in Canada
• a Convention Refugee or a Protected Person.

The following people do not qualify to appeal: –

• a convicted criminal with six months or more sentence in Canadian prison
• a convicted criminal outside Canada but would receive a maximum of ten years in prison in Canada. 
• a member of organized crime
• a security threat
• violator of human or international rights.

• Response to a Minister’s appeal: –

If the Immigration Division decides in your favor, the Minister of Public Safety can appeal to the IAD to let you stay in Canada. Your job is to respond to this appeal and convince the IAD why it must accept this appeal.

4. How to prepare your appeal?

It is important to prepare appeals for Canadian immigration correctly so that you may continue to stay in Canada. Here are some important points to consider.

• Do your homework well: –

Different appeals for Canadian Immigration require a different set of information. Make sure you get the most useful information for your appeal. Get effective documents to provide substantial evidence for the acceptance of your appeal. 

• Prepare an alternative dispute resolution: –

ADR is a smaller and less formal meeting where you can resolve more quickly and fairly. However, it is up to IAD’s discretion to call for an ADR. Hence it is always good to prepare for it in advance. 

• Ensure good representation at the hearing: –

Representation at the hearing could be either through paid counsel or unpaid counsel. A paid and authorized counsel must be a member of one of the following organizations: –

• a provincial law society
• the Chamber des notaires du Quebec
• the College of Immigration and Citizenship Consultants (CICC)

The unpaid counsel could be a friend, relative, co-worker, or any reliable member of the society.

 By having a credible representation at the hearing, chances are bright that your appeal shall get acceptance. Inform the IAD about who is representing you. Your counsel must attend to all the requirements of IAD and attend a hearing or conference.

5. What is the Immigration appeal division Canada?

The immigration appeal division is responsible for appeals for Canadian immigration. It hears and decides on different immigration matters such as appeals, removal orders, and residency obligations. The body makes immigration appeal division rules and updates them with time. 

6. What are Immigration appeal division decisions?

The Immigration and Refugee Board of Canada (IRB) is the Canadian board of immigration appeals that makes the immigration appeal division decisions on related matters. These decisions are based on findings of hearing. Most hearings take place publicly unless there is a life and security threat to anyone.