In this type of appeal, an immigration officer has refused to issue a visa to a parent or grandparent you have sponsored. The visa refusal may have included another dependent family member. The officer decided that you (and your co-signer if you have one) do not have the required income to sponsor a parent or grandparent.
You may have a right to appeal to the Immigration Appeal Division (IAD).
The required income is equal to the Minimum Necessary Income (MNI) + 30%. To sponsor a parent or grandparent, your income must be 30% above the MNI for the size of your family plus the family members being sponsored by you (or sponsored by your co-signer if you have one).
To win your appeal, you have two options:
- Show that you had the required income when you applied to sponsor
- Show that there are humanitarian and compassionate reasons for your appeal, even if you did not have the required income when you applied to sponsor
Below you will find important information that can help you prepare to make your appeal.
Exception for the province of Québec
If you live in Québec, you cannot appeal based on your income. You can only appeal for humanitarian and compassionate reasons as set out below. This rule is set out in Subsection 9(2) of the Immigration and Refugee Protection Act.
On this page
Show that you had the required income when you applied to sponsor
You can appeal if you believe that the immigration officer's decision was wrong because you did in fact meet the income requirement. You must provide documents that show:
The number of people in your family unit in each of the 3 years before the date you applied to sponsor.
- This includes you and all family members, including those you are currently sponsoring and their dependents.
- If you have a co-signer, include anyone they are currently sponsoring and their dependents.
- It also includes any other people for which you have a sponsorship undertaking.
Learn more about calculating your family size on the Immigration, Refugee and Citizenship website.
Your income (and your co-signer's income if any). The documents should show income for each of the three years before you applied to sponsor.
Any mistakes that you believe were made in handling your case. For example, include any documents that show a mistake in calculating your income or the number of people in your family unit.
Provide these income documents
- Notices of Assessment for your income tax return, and for your co-signer, if any, from Canada Revenue Agency for each of the three years before you applied to sponsor.
If it helps your case, you may also wish to provide
- T4 slips
- pay stubs
- letters from employers stating your rate of pay, weekly hours, and monthly or annual income, including any bonuses
- financial statements prepared by your accountant if you own a business
- corporate tax assessments for your business
Show that there are humanitarian and compassionate reasons for your appeal
Even if you do not have the required income to sponsor, you may be able to show that there are humanitarian and compassionate reasons for allowing your appeal. Here are some factors that the IAD may look at to reach a decision:
- Have there been any changes to your family size since you submitted your sponsorship application?
- Have there been any changes to your yearly income since you submitted your sponsorship application? Does your total income now meet the required income for your family size?
- How strong is your relationship with the family member you are sponsoring?
- Do you have other family members in Canada? How close is their relationship with you? How close is their relationship with the person you are sponsoring?
- Are you able to visit the family member you are sponsoring in his or her country? What is their situation there?
- Why is it important to have the family member you are sponsoring join you in Canada?
- What kind of support could the family member you are sponsoring provide to you if they were allowed to come to Canada?
- Will the best interests of a child be affected if you lose your appeal?
Provide evidence that will help you prove your humanitarian and compassionate reasons
Your evidence for humanitarian and compassionate reasons can take the form of documents or testimony from you or your witnesses.
Show your current financial situation
Even if you did not have the required income at the time you applied, your current financial situation and whether you meet the required income today is a factor that will be considered by the IAD. Provide the IAD with information regarding:
The number of people in your family unit in each of the last three years prior to sending your documents to the IAD. This includes you and all family members, including those you are currently sponsoring and their dependents. If you have a co-signer, include anyone they are currently sponsoring and their dependents.
Your income (and your co-signer's income if you have one) for each of the last three years before sending your documents to the IAD. The Immigration Appeal Division will look at how close you are to meeting the required income. The income documents you should provide are listed above.
Explain how your family will be affected
Explain the reasons why it is important for you to have your family member(s) immigrate to Canada and how this would impact your family. If possible, provide documents to show how close your relationship is with the family member and the importance of the sponsorship. For example, include:
- letters and other messages
- phone bills
- family photographs
- receipts for money transfers or plane tickets
You, your family, and friends can also testify about your case. This includes the parent or grandparent you want to sponsor and other members of your family and community.
Explain how children will be affected
If there are children who will be directly affected by the decision on your sponsorship application, provide documents such as:
- birth certificates
- custody orders
- evidence of financial and emotional support provided by the parent(s) or grandparent(s) you want to sponsor
- evidence that the decision would impact a child's best interests (for example, the child's physical or mental health)
Explain the situation in the home country of the person or people you want to sponsor
Evidence about the current situation in their home country can be helpful if it affects them or your ability to visit them.
The IRB publishes National Documentation Packages that detail conditions in many countries. You may find evidence that is relevant to the hardship they may face in their home country if their permanent resident application is denied. You must provide copies of the documents you are referring to.
You can also provide your own evidence and documents from other trusted sources.
Possible outcomes of an appeal
When you appeal a decision refusing the sponsorship of a family member to the IAD, there are two possible outcomes:
Your appeal can be dismissed. This means your sponsored family member(s) will not be issued permanent resident visa(s).
Your appeal can be allowed. This means the processing of your sponsored family member(s) application(s) for permanent resident visa(s) will be continued by the visa post.