Immigration Appeal Division Hearings

Sponsorship Applications for spouses, common-law or conugal partners

When these cases are refused the sponsor, who must be a permanent resident or citizen of Canada, is entitled to appeal the visa refusal to the Immigration Appeal Division. These appeals, which are also available in the case of other Family Class applications such as those for parents, grandparents and dependent children, may be resolved by a process known as Alternate Dispute Resolution(ADR), or at a formal Hearing. A spousal sponsorship refused because the visa officer does not believe the relationship is genuine (sometimes referred to as a "marriage case") can often only be resolved by a Hearing. Other refusals, such as those generated by findings of medical inadmissibility or criminal inadmissibility, may sometimes be resolved by ADR.

Appeals of the Residency Obligation

Permanent residents of Canada are obliged to meet certain residency requirements in order to maintain their status. These obligations amount to a requirement to spend at least 730 days in each 5-year period since becoming a permanent resident physically residing in Canada. Alternatively a permanent resident may comply with the regulations by (under certain conditions) working for a Canadian company outside Canada. A permanent resident accomanying their spouse or common-law partner who is a Canadian citizen or permanent resident and who is working for a Canadian company outside Canada may similarly be deemed to be complying with the residency obligations.

It is important to know that a permanent resident does not lose their status until they voluntarily relinquish it (usually at the request of Citizenship and Immigration Canada when they apply for a Travel Document to return to Canada), or if it is determined at a Hearing that they have lost their permanent resident status.

A permanent resident may also lose their status in Canada as a result of convictions for serious criminal offenses

Services offered by Best Place Immigration for Appeals and Hearings

Given that these Appeals involve important matters, such as the right of immediate family members to live together in Canada, or the right to remain in Canada as a permanent resident (which itself may have been obtained after considerable expense and trouble), the assistance of a lawyer or consultant familiar with these matters is often invaluable.

Best Place Immigration offers a full service to represent Appellants in proceedings before the Immigration Appeal Division involving written submissions, ADR, or at a Full Hearing. If we accept your case, we will inform you honestly and candidly about the strengths amd weaknesses of your position, and will do our utmost to obtain the best possible outcome for you.

To discuss your case please Click here`to contact us for a free confidential assessment

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