Family sponsorship
Sponsorship refusal: appealing to the Immigration Appeal Division
Only the sponsor can appeal, within 30 days. When an appeal is closed, the misrepresentation exception, early resolution, ADR and the hearing.
A refusal letter for your spouse's or child's permanent residence feels final. Often it isn't: as the sponsor, you can usually appeal to the Immigration Appeal Division (IAD) of the Immigration and Refugee Board. The catch is the deadline, 30 days, and the fact that some refusals can't be appealed at all. Based on IRB pages checked on October 17, 2026.
The 30-day rule
The IAD must receive your notice of appeal and all required documents no later than 30 days after you received the refusal letter for the permanent resident visa. Count from the day you got the letter, and plan for delivery time.
What to send:
- the completed Notice of Appeal for sponsorship appeals;
- a copy of IRCC's refusal letter sent to your family member;
- a copy of the officer's decision notes, if you have them.
You can add a document that might resolve the appeal right away, for example the missing document that caused the refusal. The rest of your evidence comes later.
Who can appeal, and who can't
Only the sponsor, a Canadian citizen or permanent resident, can appeal, not the family member. There's no appeal from refusals of temporary resident visas (visitor, student, worker).
You also can't appeal if your family member was found inadmissible for:
- a crime punished in Canada by 6 months or more in prison;
- a crime committed or convicted outside Canada that would carry a maximum of 10 years or more in Canada;
- organized criminality;
- security grounds;
- human or international rights violations.
Misrepresentation is different: the IAD can still hear the appeal if the sponsored person is your spouse, common-law partner or child. See our article on misrepresentation and the five-year ban.
What happens after you file
| Stage | What it means for you |
|---|---|
| Appeal record | The IAD asks the Minister for your sponsorship file; read it carefully, it's what the other side relies on |
| Early resolution | An early resolution officer may contact you; in suitable cases, an alternative dispute resolution (ADR) conference can settle the appeal without a hearing |
| Hearing | Before an IAD member: your testimony, your witnesses, your documents. You must show why the decision should change; the Minister is represented by a CBSA officer |
| Decision | In writing |
Keep your contact details current with the IAD: if you don't respond to it, the appeal can be declared abandoned and the refusal stands. Most hearings are public, and a written decision can be published, unless a confidentiality order is granted in exceptional circumstances.
Building the case
Spousal refusals usually turn on whether the relationship is genuine or entered into mainly for immigration. Start from the officer's notes (see reading an officer's decision notes) and answer each concern specifically: the fact in doubt, your explanation, the document that proves it. Witnesses should speak from what they personally know. A thick pile of photos with no explanation rarely answers the real question.
Appeal, judicial review or a new application?
An appeal lets you bring evidence and witnesses before the IAD. Judicial review in Federal Court looks at whether the decision was lawful, with its own deadlines. A new application doesn't erase the refusal and must fix what was missing. Which one fits depends on the refusal ground and the time left, so get it analyzed within days of the letter.
Our IRB representation page explains how we help, from the notice of appeal to the hearing. You can also describe your situation or book a consultation.
Frequently asked questions
Can my spouse file the appeal from abroad?
No. Only the sponsor can appeal a sponsorship refusal.
Do I need to send all my evidence within 30 days?
No. Within 30 days, the IAD needs the notice of appeal and the required documents. Evidence for the hearing follows the IAD's later steps.
Is there always a hearing?
No. Some appeals are resolved through early resolution or an ADR conference, when the case is suitable.
Official sources
Official pages consulted on October 17, 2026:
More in this series
- Sponsoring a spouse in Quebec: how the undertaking fits the federal process
- Sponsoring your dependent child from Quebec: IRCC first, then the MIFI
- Sponsoring a spouse or partner to Quebec: who can sponsor, and who can be sponsored
- Sponsoring parents and grandparents when you live in Quebec: where things stand in 2026
- The Quebec sponsorship undertaking: what the sponsor is agreeing to
About this guide
Written for Visa Canada Rouge, a Montreal immigration consultancy led by Moadh Rahmaoui, Regulated Canadian Immigration Consultant (RCIC-IRB, licence R534941, listed on the public register of the College of Immigration and Citizenship Consultants).
This guide is general information, not legal advice. Immigration requirements, fees and processing times change often: check them on the official websites (canada.ca, quebec.ca) when you apply. No outcome can be guaranteed.
Every file is different.
This guide covers the general rules. To find out what applies to you, talk to a regulated consultant.