Stewart Sharma Harsanyi Calgary Immigration Law Firm Blog

Appeal from Spousal Sponsorship Refusal

Had an appeal against the refusal of a spousal sponsorship. The hearing was held today via videoconference with the Board Member. In reviewing case law the night before, the following seemed to be helpful: As in all other cases of this nature before the Division to date, the two prongs of the "bad faith" test articulated in Regulation 4 are to be read conjunctively, as per the French version of the Regulations. In order for a foreign national to be caught by section 4 of the Regulations, the preponderance of reliable evidence must demonstrate that the marriage is not genuine and was entered into primarily for the purpose of acquiring a status or privilege under the Act. This approach, of the two available, is most favorable to the appellant. In order to succeed on appeal, the appellant need only establish one of the prongs of the test has not been met. The onus is on an appellant to demonstrate that the principal applicant is not caught by the excluding section of the Regulations. In today's case, an argument could be made that the marriage was entered into by the overseas spouse for the purpose of acquiring a status or privilege... Read more →

IAD reconsideration of a stay

An appeal to the IAD can result in couple of outcomes. The IAD can allow an appeal, dismiss the appeal or impose a stay. A stay is usually imposed on criminality matters. After a period of time ... usually 1 to 3 years ... the IAD will reconsider the matter. At this time it assesses whether the appellant has complied with the conditions and allow the appeal, extend the stay or cancel the stay and dismiss the appeal. Read more →

LICO - Low Income Cut Off

Canadian citizens or permanent residents who seek to sponsor their parents (or grandparents) need to meet certain income levels. These income levels are generally ascertained by reference to the client's Notice of Assessment (Option C printout). Given that sponsorships can take years - and the vagaries of our economic system - it is possible that LICO may not be met for one or more years. In these cases, the sponsorship can be refused by the relevant visa office. The sponsor has the ability to appeal this decision to the Immigration Appeal Division. Luckily, it appears that the CBSA Hearings and Appeals Unit are amenable to consent on such matters as long as the requirements under the IAD case Jugpall are met. Even if the Minister is not wiling, the IAD can allow the appeal based on all the circumstances of the case (including humanitarian and compassionate considerations). The IAD however may not be an attractive option however because of the current timelines - an appeal on a sponsorship refusal can take as long as a year or more to resolve. I've had a number of these cases (in one case, the visa office has refused on failure to meet LICO,... Read more →