A refusal of a spousal sponsorship under the Family Class is devastating. Couples are left separated, confused, and unsure about the next step. One of the most common questions we receive at Fateh Law Corporation is:
“Should we reapply, or should we appeal?”
There is no one-size-fits-all answer. The correct strategy depends entirely on the facts of the case, the reasons for refusal, and the quality of evidence available. Making the wrong decision can cost you months—or even years—of additional separation.
This blog explains how we approached a recent spousal sponsorship refusal and why appealing to the Immigration Appeal Division (IAD) was the faster and more effective option.
Understanding the Two Options After a Spousal Sponsorship Refusal
When a spousal sponsorship application is refused, applicants usually have two choices:
1. Reapply for Spousal Sponsorship
Reapplying may be appropriate where:
- The refusal is due to missing documents
- The application was poorly prepared
- The issues can be clearly corrected with new evidence
However, reapplying means starting from zero and waiting through the full processing time again.
2. Appeal to the Immigration Appeal Division (IAD)
An appeal may be the better option where:
- The refusal is based on credibility or interview concerns
- The visa officer made unreasonable findings
- Cultural misunderstandings or incorrect assumptions affected the decision
An appeal gives you the opportunity to:
- Testify under oath
- Present new evidence
- Address interview inconsistencies directly
- Have an independent IAD Member review the refusal
Our Case Study: Why Appealing Was the Better Strategy
In this case, our client’s outland spousal sponsorship from India was refused on April 7, 2025.
Key Dates:
- Refusal: April 7, 2025
- IAD Hearing: November 7, 2025
- Passport Request (PPR): January 16, 2026
⏱️ Total time from refusal to passport request: approximately 9 months
Comparing Processing Times: Appeal vs Reapplication
As of today, the average processing time for spousal sponsorship applications from India (outside Quebec) is approximately 14 months.
Had our client chosen to reapply:
- They would have waited longer
- The separation would have continued unnecessarily
- The underlying credibility concerns may not have been properly addressed
By appealing, we resolved the case faster and more efficiently.
What Went Wrong in the Original Application?
The primary issue was the applicant’s interview testimony at the Canadian High Commission.
This is extremely common.
Visa officers often refuse applications due to:
- Inconsistencies in answers
- Cultural misunderstandings
- Nervous or poorly prepared applicants
- Misinterpretation of marital dynamics common in India
If these issues are not properly addressed, reapplying can result in another refusal.
How Fateh Law Corporation Successfully Turned the Case Around
At Fateh Law Corporation, we took a litigation-focused approach:
✔️Strong Testimony Preparation
We thoroughly prepared both the sponsor and the applicant for testimony before the IAD.
✔️New Corroborating Evidence
We submitted additional documentary evidence that directly addressed the officer’s concerns.
✔️Canadian Affidavits
Affidavits were filed to support the genuineness of the relationship and explain discrepancies.
✔️Cultural and Legal Context
Because our firm is based in India, we were able to explain:
- Cultural norms
- Family structures
- Marriage practices
- Indian legal realities
This contextual understanding is often missing in visa refusals—and can be decisive in appeals.
The Result: Appeal Allowed on Consent
After reviewing our evidence and submissions, the Minister’s Counsel agreed that the refusal could not be sustained.
✅The appeal was allowed on consent
✅The refusal was overturned
✅A passport request was issued
✅The couple can finally reunite in Canada
This is the outcome every separated couple hopes for—and it was achieved through strategic litigation, not guesswork.
Reapply or Appeal? Get the Strategy Right the First Time
Every refusal is different.
Some cases should be reapplied.
Others must be appealed.
Choosing incorrectly can mean:
- Wasted time
- Another refusal
- Extended separation
- Emotional and financial strain
That decision should only be made after a professional legal assessment.
Why Choose Fateh Law Corporation?
- Over 12 years of litigation experience
- Extensive experience with IAD appeals and the Federal Court
- Deep understanding of the Indian cultural and legal context
- Strategically located to assist Indian applicants effectively
- Focused on results, not shortcuts
Contact Fateh Law Corporation Today
If your spousal sponsorship has been refused, do not rush into a reapplication or miss your appeal deadline.
📞 Contact Fateh Law Corporation in India
👨⚖️ Mr. Fateh – Barrister & Solicitor (Canada)
⚖️ Immigration Appeals • IAD • Federal Court
Let us help you choose the right legal strategy and bring your family back together in Canada.
