Appeal to the IAD
The sponsor appeals under IRPA s.63(1). The IAD hears both partners and accepts new evidence.
A licensed paralegal may represent the sponsorSpousal sponsorship refused? Appeals to the IAD in Toronto
When IRCC refuses a visa for a spouse or partner living abroad, the sponsor has 30 days to appeal to the Immigration Appeal Division. Angelina Shuster, a paralegal licensed by the Law Society of Ontario, represents sponsors there.
25+ yearson immigration and criminal mattersIADsponsor appealsEN / RUEnglish and Russian
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Send the refusal date and where your partner applied from.
Where your partner applied decides the remedy
Each route has its own body and time limit.
No IAD appeal
An in-Canada refusal goes to the Federal Court: leave within 15 days (IRPA s.72(2)(b)).
Federal Court is outside a paralegal’s scopeThe clock on a sponsorship appeal
Set by the Immigration Appeal Division Rules, 2022 (SOR/2022-277) and the Immigration and Refugee Protection Act.
| What has to happen | Time limit | Rule |
|---|---|---|
| Notice of appeal reaches the IAD | 30 daysfrom receiving the officer’s decision and written reasons | IAD Rules, Rule 16(a) |
| Minister provides the appeal record | 60 daysfrom the Minister receiving the Division’s request | IAD Rules, Rules 21(1) and 22(a) |
| Sponsor’s documents are filed | 60 daysfrom receiving the appeal record | IAD Rules, Rule 26 |
| Federal Court leave, in-Canada refusals | 15 daysfrom the decision | IRPA s.72(2)(b) |
What a spousal refusal usually turns on
Each ground changes what the appeal must prove.
Not genuine
The officer doubted the relationship is real. Proof of a shared life over time answers it.
IRPR s.4(1)(b)Entered primarily for status
A separate ground: a real relationship whose main purpose was immigration.
IRPR s.4(1)(a)Partner never declared
A spouse not declared when the sponsor immigrated is excluded; section 65 then bars humanitarian relief.
IRPR s.117(9)(d)Misrepresentation
Usually not appealable, except for a spouse, common-law partner or child.
IRPA s.64(3)Who represents the sponsor at the IAD
LSO By-Law 4 lets a licensed paralegal appear before the IAD, a federal tribunal.
25+ yearsOn immigration and criminal matters.
Both partners preparedSponsor and partner prepare for the Member’s questions.
English and RussianMeetings in either language.
Richmond Hill office10211 Yonge Street, Suite 205.
“I was greatly impressed by the efficiency with which Angelina handled our immigration case. All of our concerns, however minor, were promptly addressed by her. In addition to her efficiency she provided us with personal support at a time when it was most needed, the nerve-wracking days before the scheduled interview with the Immigration Officials. She reassured us and alleviated our fears, rational as well as irrational.”
What to bring to the free assessment
They show whether the 30 days are still running.
- The refusal letter and reasons, every page.
- Proof of when it arrived: the email, portal message or envelope.
- The sponsorship file as submitted, including both partners’ forms.
- Relationship evidence: messages, photos, trips, transfers.
- The sponsor’s landing papers, showing whether the partner was declared.
How a sponsorship appeal moves
The sequence set by the IAD Rules, 2022.
- 1Notice of appealWithin 30 days, refusal letter attached.
- 2IRCC’s file arrivesThe record, with the officer’s notes.
- 3DisclosureDocuments within 60 days of the record.
- 4Conference or hearingAn early resolution conference is often offered; otherwise a Member hears both partners.
Questions sponsors ask after a refusal
Can a paralegal handle a spousal sponsorship?
At the IAD, yes. The application itself goes to IRCC, outside a paralegal's scope.
Can new evidence be filed on appeal?
Yes, within the Rule 26 time limit, including evidence from after the refusal.
Does the IAD weigh humanitarian grounds in a spousal appeal?
Only once the partner is found to be in the family class and the sponsor eligible (IRPA s.65).
How long does the sponsor's undertaking last?
Three years from the day the partner becomes a permanent resident (IRPR s.132).
This page is general information about spousal sponsorship appeals in Ontario and is not legal advice. Reading it does not create a paralegal-client relationship. Our legal team assists with the full range of your matter, including applications filed with IRCC.
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