SPONSOR YOUR SPOUSE WITH CONFIDENCE
Fast and Professional Spousal Sponsorship: Immigration Lawyers with Proven Legal Expertise
Immigration lawyers, NOT consultants. Avoid a refusal with our legal expertise.
We have successfully assisted over a hundred spouses with succuesful applications.
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I specialize in winning spousal sponsorship applications.
My firm has successfully submitted simple applications, and more complex issues such as inadmissible spouses, failed refugee claimant spouses, spouses barred for misrepresentation, etc.
Spousal sponsorships are not simple applications. Even genuine relationships can be refused by IRCC if the appropriate information is not submitted.
Do not let a poorly submitted application stand in the way of your family’s stability and future in Canada.
Trusted Spousal Sponsorship Lawyers
What is the Difference between Inland and Outland Spousal Applications
Common Law Spousal Sponsorship
Sponsorship of Out of Status or Inadmissible Spouse
Sponsorship of Active or Failed Refugee Claimant Spouse
Sponsorship of Spouse with Active 5 Year Ban for Misrepresentation
The Consequences of a Refused Spousal Sponsorship Application
Lawgical Law Corporation specializes in Spousal Sponsorships, providing you with the expertise you need to provide your loved one with Permanent Resident status.
Our work includes succuesful spousal applications of both simple and complex matters. We pride ourselves on preparing applications in a timely manner to reduce the delay in bringing stability to your family.
Hiring our firm will assist you in significantly reducing the chances of a refusal. A spousal sponsorship refusal may lead to your spouse being permanently barred from being sponsored to Canada.
BARRISTER AND SOLICITOR
SUNDEEP SINGH GREWAL
Inland Spousal Sponsorship
Inland spousal sponsorships refer to applications submitted when the spouse being sponsored is already residing in Canada with valid status.
These applications also come with a right to apply for a work permit.
A refusal may not be appealed to the Immigration Appeal Division. The appeal must be made directly to the Federal Court of Canada. You may only challenge the reasonableness of the decision and cannot provide new evidence.
The appeal is first done in writing and if accepted, is then presented orally before a judge. Witnesses are not cross examined and it proceeds by way of affidavit.
Outland Spousal Sponsorship
Outland spousal sponsorship are applications that made when the spouse who is being sponsored is residing outside of Canada.
These applications do not come with a right to apply for a work permit.
A refusal may be appealed to the Immigration and Appeal Division. During this appeal procedure you get what is traditionally closer to a "trial".
An immigration Member who makes the final decision will be present, as well as a representative on behalf of the government challenging the hearing. You are allowed to introduce new evidence and you may make submissions on humanitarian and compassionate considerations.
If this appeal is refused, you can challenge the Member's decision in the Federal Court of Canada.
Avoid a Refusal!
A refused spousal sponsorship will cost you time and money. You do not want to go through the appeal process for an application that was not correctly prepared.
At Lawgical Law Corporation we have assisted a multitude of clients with successful spousal sponsorships and united them with loved ones.
Please reach out by telephone or email to have a free discussion with a lawyer about your spousal sponsorship.
You do not need to be formally married to your partner for them to be eligible to sponsored to Canada as your spouse.
It is possible for couples in common law marriages to be eligible for spousal sponsorship.
The threshold for determining whether this relationship is eligible for sponsorship is that it must have been for a duration of one year.
The next requirement is that you must prove that your common law relationship is genuine. Although IRCC provides some guidelines for how to prove this requirement, the main consideration is whether the individuals have resided in a “marriage like” relationship for the duration of co-habitation.
This cohabitation should be continuous, without long periods of separation, and any time apart should be short and temporary, generally attributed to family obligations, work, or business travel.
Avoid a Refusal!
A common law spousal sponsorship is held to a higher scrutiny than a marriage based application because you must prove the genuineness of the cohabitation.
At Lawgical Law Corporation our firm has experience with providing our clients with a successful common law based spousal sponsorship applications.
Please reach out by telephone or email to have a free discussion with a lawyer about your spousal sponsorship.
If your spouse in Canada doesn't have official status, they may not typically qualify for Permanent Resident status. However, with a well-prepared application, you can successfully sponsor a spouse without status.
Under section 72 of IRPR, in order to be eligible for Permanent Resident status an individual cannot be inadmissible for any reason.
Under section 41(a) of IRPA a person is inadmissible, through an act or omission which contravenes, directly or indirectly, a provision of the Act.
Under section 29(2) of IRPA a temporary resident must comply with any conditions imposed under the act and must leave Canada at the end of the period authorized for their stay.
When read together, a person who is in Canada but lost their status is inadmissible and therefore not eligible to apply for Permanent Resident status.
The only way that a spousal application in this circumstance can be approved is by making an application under section 25(1) of IRPA which allows for an exemption of any requirement of the Act on Humanitarian and Compassionate considerations.
In these circumstances the spousal application is accompanied by an additional application explaining why your family would face a significant hardship if the application is not approved.
It should be noted that a humanitarian application does not stop removal from Canada. This mean that if CBSA takes notice of your inadmissible spouse they can initiate the removal proceedings against them before a decision is made on the spousal application.
Public Policy Under A25(1) of IRPA
If your spouse is inadmissible for not having status in Canada, they may be eligible under a special public policy that allows either the conversion of an existing humanitarian application to a spousal application, or to allow the spousal to be processed with humanitarian considerations.
The benefit of this public policy is that CBSA may defer the removal of your spouse for a maximum period of six months while awaiting a decision.
It is crucial to note that the deferral of the removal will only be available where a Pre-Removal Risk Assessment was not granted in the past, and the inadmissibility is solely the result of not having status in Canada.
Avoid a Refusal!
An out of status or inadmissible spouse is a complicated spousal sponsorship. At Lawgical Law Corporation we have the experience to deal with these matters as we understand the law and the best way to approach these complex files.
Please reach out by telephone or email to have a free discussion with a lawyer about your spousal sponsorship.
If your spouse applied for refugee status, and either has an active or failed claim, they are technically not eligible for Permanent Resident status through spousal sponsorship.
Under section 25 of IRPA, a foreign national who is subject to an unenforced removal order shall not be issued a visa. This includes a “visa” for Permanent Resident status.
All individuals who make a refugee claim in Canada are given a conditional departure order. This departure order is not active for the duration of the refugee claim and only activates once the claim is refused. For the time period of the claim, the departure order is unenforceable and therefore activates section 25 of IRPA.
In order to successfully apply for spousal sponsorship, the spousal application must be accompanied by an application under section 25(1) of IRPA for an exemption for section 25 of IRPA.
This means that not only must your spousal application be successful, but so must the humanitarian application.
Failed Refugee Claimant
If your spouse is a failed refugee claimant, this means that the Departure Order against them can be enforced, and CBSA can begin the removal procedure.
It is important that the spousal application is made as soon as possible. You will also have to make an additional application for a humanitarian exemption. Both the spousal and humanitarian must be successful.
Your spouse may be eligible for the special public policy that allows either the conversion of an existing humanitarian application to a spousal application, or to allow the spousal to be processed with humanitarian considerations.
The benefit of this public policy is that CBSA may defer the removal of your spouse for a maximum period of six months while awaiting a decision.
It is crucial to note that the deferral of the removal will only be available where a Pre-Removal Risk Assessment was not granted in the past, and the inadmissibility is solely the result of not having status in Canada which is usually relevant for failed refugee claimants.
Avoid a Refusal!
A spousal sponsorship for a spouse in this category is a complex mater and requires attention from a professional who has experience with obtaining successful results in this situation. At Lawgical Law Corporation we have assisted countless spouses who underwent the refugee process to navigate the complex law and receive their Permanent Resident status.
Please reach out by telephone or email to have a free discussion with a lawyer about your spousal sponsorship
A common problem that I have encountered in my firm is clients who are hoping to sponsor a spouse who in the past was found inadmissible for misrepresentation.
A misrepresentation finding can have serious consequences as individual cannot apply to enter Canada for five years.
This is a very significant amount of time to be separated from a loved one.
The only way that a spousal application in this circumstance can be approved is by making an application under section 25(1) of IRPA which allows for an exemption of any requirement of the Act on Humanitarian and Compassionate considerations.
In these circumstances the spousal application is accompanied by an additional application explaining why your family would face a significant hardship if the application is not approved.
Both the spousal application and the humanitarian application must be successful in order for the spouse to be granted Permanent Resident status.
Avoid a Refusal!
A spouse with an active misrepresentation and five year ban is the most complicated spousal sponsorship situation. These applications require humanitarian submissions carefully tailored to your family’s circumstances to receive an exemption from the IRPA.
At Lawgical Law Corporation we have assisted clients in obtaining a positive permanent resident application despite their five year ban.
Please reach out by telephone or email to have a free discussion with a lawyer about your spousal sponsorship.
The consequences of a refused spousal sponsorship application can be both costly and devastating.
Its important you retain a professional to minimize the risk of even a simple administrative mistake resulting in a refusal.
Immigration Appeal Division Appeal for Outland Sponsorship
If your spousal sponsorship application is refused, you can appeal to the Immigration Appeal Division, but it's a complex process.
Facing direct questioning and presenting evidence can be daunting.
Hiring a lawyer for the appeal is often more expensive than getting one for the initial application.
It's wiser and more cost-effective to start with expert help.
Federal Court of Canada Appeal for Inland Sponsorship
Applied from within Canada and got refused? Your only appeal option is the Federal Court of Canada.
Unlike an IAD appeal, you can't introduce new evidence; you're limited to the initial application's records.
A weak application makes appealing harder, though not unachievable. Appeals demand more work, translating to higher legal costs.
Proper initial application can save both hassle and money. Avoid the risks from the start.
What Happens if I lose my appeal at the IAD or the Federal Court, or if I Decide not to Appeal
If your sponsorship application is refused:
For a second application, you need new evidence not previously presented.
Losing an IAD appeal for an outland sponsorship? You can't sponsor your spouse again without a new fact. But you can choose a new application over IAD appeal.
Lost an appeal for an inland sponsorship at the Federal Court? You can apply again.
But remember, a second application is scrutinized against the refused one. Discrepancies may result in another refusal and possibly a 5-year misrepresentation ban.
Avoid these pitfalls: Instead of appealing a refusal, let our firm help you build a solid application, saving you time, money, and stress.