Overseas Canadian immigration visa posts assess applications submitted by sponsors on the behalf of their spouses and render decisions: positive or negative. According to section 4 of the Immigration and Refugee Protection Regulations (IRPR) if a visa officer is not satisfied based on the information provided by the sponsor and the applicant, he or she concludes that the marriage is not genuine and was entered into primarily for the purposes of acquiring permanent residence in Canada.
Before 2010, the test to refuse an application was two prong conjunctive but now it is two prong disjunctive. Earlier a visa officer had to establish two tests before refusing an application that the marriage or relation was primarily for the purposes of acquiring permanent residence in Canada and that the marriage or relation is not genuine. Now an officer has to establish only one of the two prongs.
According to section 63(1) of the Immigration and Refugee Protection Act (IRPA) a sponsor has a right to appeal to the Immigration and Refugee Board (IRB) when a visa officer refuses a spousal class application. To refute the decision of the visa officer, the sponsor must file the Notice of Appeal within thirty (30) days of receiving a negative decision. For further information regarding the Appeals process, you can contact our office. Our firm has a great deal of experience before the Immigration and Appeal Division (IAD) of the Immigration and Refugee Board (IRB). We are highly capable of evaluating your situation to determine your chances before the Immigration and Appeal Division.
Rajpal Singh Hothi, who is a member in good standing with the Immigration Consultants of Canada Regulatory Council (ICCRC) and Law Society of Ontario (LSO) as a P1 Licensee. Being a Regulated Canadian Immigration Consultant (RCIC), he is authorized to consult, advise, and represent the clients in respect of a proceeding or application before the Minister responsible for the administration of Immigration & Refugee Protection Act (IRPA), a Visa Officer, or the Immigration and Refugee Board for the purposes of Immigration and Citizenship matters.
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