A refusal of a Canadian family sponsorship application for a dependent child is devastating but often fixable. This guide explains why IRCC refuses dependent child sponsorships, how to read the refusal letter, when and how.

to appeal to the Immigration Appeal Division, and what strategic options exist if you cannot appeal or must reapply.

• Carefully analyze your IRCC refusal letter to identify the exact legal and factual reasons for refusing your dependent child sponsorship.
• Most sponsors have only 30 days to start an appeal of a dependent child refusal at the Immigration Appeal Division, so deadlines are critical.
• Even after a refusal, you may be able to appeal, reapply, or use humanitarian and compassionate arguments, but each option requires targeted evidence.

Understanding dependent child sponsorship refusals in Canada

Canada’s family sponsorship program allows citizens and permanent residents to sponsor eligible dependent children for permanent residence. To approve the application, Immigration, Refugees and Citizenship Canada (IRCC) must be satisfied.

that both the sponsor and the child meet all legislative, regulatory, and program requirements.

When a dependent child sponsorship is refused, IRCC issues a written refusal letter explaining the reasons. That refusal letter is the starting point for any strategy, whether you plan to appeal, request reconsideration, or reapply.

What is a “dependent child” for immigration purposes?

IRCC uses a precise regulatory definition of “dependent child.” In most current cases, a child is considered a dependent if:​

• they are the biological or adopted child of the sponsor (or of the sponsor’s spouse/partner), and
• they are under 22 years of age and not married or in a common-law relationship; or
• they are 22 or older, have depended substantially on their parent for financial support. since before age 22, and cannot be self-supporting due to a physical or mental condition.

IRCC generally “locks in” a child’s age when it receives a complete application,. which can be decisive if the child passes the age limit during processing.

How dependent child sponsorship works

For dependent child sponsorships, the sponsor submits a sponsorship application and the child applies for permanent residence as the principal applicant under the family class. These applications are processed together.

IRCC assesses:

• whether the sponsor is eligible (status, age, previous undertakings, financial obligations when applicable);
• whether the child qualifies as a dependent and as a member of the family class; and
• whether the child and their accompanying family members are admissible (medical, criminality, security, misrepresentation).

Common reasons a dependent child sponsorship is refused

Although every refusal is unique, certain patterns appear frequently in dependent child cases. IRCC guides and manuals list examples of refusal grounds that apply across family sponsorship categories, including dependent children.

1. Child does not meet the definition of “dependent child”

One of the most common reasons is that the officer finds the child is. not, or is no longer, a “dependent child” within the meaning of the regulations. Typical situations include:

• the child is over the age limit and does not meet the disability-based dependency criteria;
• the child is married or in a common-law relationship;
• IRCC concludes the child has been financially independent for some time.

If IRCC decides the child is not a member of the family class because they are. not a dependent child, the sponsorship and permanent residence application can be refused on that basis alone.

2. Medical, criminal, or other inadmissibility

Members of the family class can be refused if they or certain family members are inadmissible to Canada. This may be due to serious medical conditions, criminality, security concerns, or misrepresentation in the application.

For dependent children, medical inadmissibility and misrepresentation (for example, false documents or undisclosed children) are frequent issues. In some cases, inadmissibility of a non-accompanying family member can also affect the child’s application.

3. Missing, inconsistent, or late documents

IRCC can also refuse an application if requested documents are not provided, are incomplete, or contain inconsistencies that undermine credibility.

Examples include:

• failure to provide required custody documents;
• unclear or conflicting birth certificates or adoption records;
• inadequate proof of financial dependency for overage children.

4. Custody, consent, and best interests of the child

If a child is under 18 and their other parent or legal guardian is not immigrating, IRCC will. expect clear proof that the child is legally allowed to immigrate and that the custody arrangements are lawful.

Refusals can arise where:

• court orders are missing or do not authorize relocation;
• the other parent’s consent is unclear or not properly documented;
• the officer has serious concerns about the child’s best interests if moved to Canada.

5. Undeclared or unexamined family members

Historically, a common ground of refusal was that the child had not been declared and examined when the sponsor became a permanent resident. In such cases, the child could be found not to be a member of the family class and therefore not eligible to be sponsored.

Recent public policies have, in some situations, relaxed this strict bar for certain undeclared family members, but the rules are highly technical and time-limited.

Refusal reasons and possible responses at a glance

Refusal ground	Core issue	Potential next steps
Not a dependent child	Age, marital status, or dependency criteria not met	Appeal to argue the law and facts, or reapply only if circumstances/definition now clearly met
Inadmissibility	Medical, criminal, or misrepresentation issues	Appeal (if allowed), correct or clarify evidence, explore humanitarian and compassionate (H&C) options
Missing or inconsistent documents	Evidence gaps or credibility concerns	Appeal with more complete evidence or submit a stronger new application if no appeal right
Undeclared family member	Child was not declared/examined when sponsor became a permanent resident	Assess eligibility under current public policy; consider H&C strategies

What to do immediately after a dependent child sponsorship refusal

The first days after a refusal are crucial. Your options shrink quickly if you miss important deadlines.

Step 1 – Read the refusal letter carefully

Identify:

• the exact refusal grounds (for example, “not a member of the family class,” “medical inadmissibility,” “misrepresentation”);
• whether the issue relates to the sponsor, the child, or another family member;
• any references to specific sections of the Immigration and Refugee Protection Act (IRPA) or Regulations (IRPR).

This information will determine whether an appeal is available and what kind of evidence you need.

Step 2 – Check your right of appeal and deadlines

In most dependent child sponsorship cases, the sponsor may appeal a refusal to the Immigration Appeal Division (IAD) of the Immigration and Refugee Board,. provided the child is found to be a member of the family class and the sponsor is a “sponsor within the meaning of the regulations.”

For sponsorship appeals, the Notice of Appeal generally must be received by the IAD within 30 days of your family member receiving the refusal letter.

If you live in Quebec, additional provincial rules apply to your sponsorship, and income-related aspects may be treated differently;. however, you can still have access to appeal on certain grounds, including humanitarian and compassionate reasons, depending on your situation.

Step 3 – Consider the child’s current status and travel plans

Your strategy also depends on where the child is and what status they hold:

• If the child is outside Canada: the refusal usually concerns a family class application processed overseas. The IAD appeal is often the main remedy.
• If the child is in Canada with temporary status: you must consider whether that status will. expire soon, and whether to extend it or change conditions while the appeal or a new application proceeds.
• If the child has no valid status in Canada: timelines for restoring. status or leaving Canada will affect risk and strategy, and professional advice is essential.

Appealing a dependent child sponsorship refusal to the IAD

An appeal is a formal legal process. It is not simply “asking IRCC to look again”; you must persuade an. independent decision-maker that the refusal should be overturned or that special relief is justified.

Who can appeal and when?

Generally, the sponsor (not the child) is the appellant in a sponsorship appeal. You must file a correctly completed Notice of Appeal and a copy of the refusal.

letter with the IAD within 30 days of your family member receiving the refusal decision.

If you miss the deadline, you may lose the right to appeal, and. your options may be limited to judicial review or reapplying in the future.

What happens after you file the appeal?

Once your appeal is filed, several steps follow:​

1. The Minister provides an appeal record to you and the IAD within a set timeframe (currently 60 days in most sponsorship cases).
2. You review the appeal record, which includes the visa officer’s notes and reasons for refusal.
3. You disclose your own documents and evidence by the IAD’s deadline.
4. The case may be resolved through an informal process such as Alternative Dispute Resolution (ADR) or proceed to a full hearing.
5. An IAD member hears your case and issues a written decision.

Possible outcomes of an IAD appeal

If your appeal is allowed, IRCC resumes processing the application, applying the IAD’s findings.

If the appeal is dismissed, the refusal stands. In some circumstances, you may then seek judicial review at the Federal Court, but strict deadlines and complex procedures apply.

The IAD can allow an appeal because the decision was legally or factually wrong, or—where it. has jurisdiction—because humanitarian and compassionate considerations (including the best interests of any affected child) justify special relief.

Alternatives when no appeal is available

In some dependent child refusal cases, there is no right of appeal—for example, where. the child is found not to be a member of the family class at all.

Judicial review at the Federal Court

Judicial review is not a new hearing on the merits. Instead, the Federal Court reviews whether the decision was reasonable and procedurally fair. If the Court finds an error, it may send the case back to IRCC for redetermination by a different officer.

Judicial review has tight timelines and formal rules. Legal representation is strongly recommended.

Reapplying with a stronger application

In some situations, reapplying is more realistic than litigating, particularly where:

• the refusal was based mainly on missing or weak evidence; or
• your circumstances have changed (for example, the child now clearly fits the dependency definition, or new custody orders are in place).

However, if the refusal is based on non-declaration of the child in the sponsor’s original permanent. residence application, reapplying may not be possible unless a specific public policy or H&C route applies.

Humanitarian and compassionate (H&C) options

In limited situations, you may be able to ask IRCC to use its H&C discretion, emphasizing hardship and the best interests of the child. H&C relief can be raised:

• within an IAD appeal (where the IAD has jurisdiction to consider H&C);
• through a separate H&C application from within Canada; or
• as part of certain public policies designed to address historical barriers such as undeclared family members.

One possible interpretation strategy is to treat H&C as a complement, not a substitute, for meeting the technical rules: you still explain why the officer’s. decision should be changed, and then show why, even if there was a breach, relief is justified based on hardship and the child’s best interests.

Practical strategies to prevent future dependent child refusals

Whether you are preparing your first application or recovering from a refusal, proactive planning can significantly reduce risk.

Before you apply

• Confirm that your child meets the current definition of “dependent child,” using IRCC’s age and dependency criteria and tools.
• Gather complete civil status documents (birth certificates, adoption judgments, custody orders) and certified translations where required.
• For children 22 or older with disabilities, collect thorough medical and financial evidence showing long-term dependence and inability to be self-supporting.
• Ensure all accompanying and non-accompanying family members are declared and undergo required examinations to avoid future bars on sponsorship.

During processing

• Respond promptly and completely to any IRCC document requests.
• Update IRCC if custody arrangements or contact information change.
• Keep copies of everything you submit, in case you must later appeal or reapply.

After a previous refusal

• Obtain the officer’s notes (for example, via an Access to Information request) to fully understand the reasoning behind the refusal.
• Address each concern directly in your appeal record or new application, rather than simply resending the same documents.
• Assess whether specialized reports (for example, medical or psychological assessments of a disabled adult child) would substantially strengthen your case.

Working with a regulated representative

Dependent child refusals often involve complex intersections of family law, immigration regulations, and humanitarian considerations. An experienced, regulated representative can:

• interpret the refusal letter and underlying notes in light of current law and policy;
• help you decide between appealing, reapplying, or pursuing H&C options;
• build a targeted evidence package focusing on dependency, custody, and the child’s best interests;
• represent you before the IAD or coordinate with counsel for Federal Court litigation.

For broader background on sponsorships, you may also wish to review resources such as a general family class sponsorship overview, an. in-depth guide to the definition of a dependent child in Canadian immigration, and explanations of how humanitarian and compassionate applications work.

For official information, refer to IRCC’s pages on sponsoring a spouse, partner, or child, the dependent. child age and eligibility requirements, and the IRB’s guidance on sponsorship appeals at the Immigration Appeal Division.

If your dependent child sponsorship has been refused, a focused case review can. help you understand your options and risks before you invest more time and money. Book a consultation to have your refusal letter and potential strategy assessed.

This article provides general information and does not constitute legal advice.

Frequently Asked Questions

Why was my dependent child sponsorship application refused?

Refusals usually stem from one or more of the following issues: the child does. not meet the definition of a dependent child, the child or another family member.

is inadmissible, required documents are missing or inconsistent, custody or consent is not properly. documented, or the child was not previously declared and examined when the sponsor immigrated.

Your refusal letter lists the specific reasons in your case.

Do I always have the right to appeal a dependent child refusal?

In many cases, the sponsor can appeal a refusal of a dependent child sponsorship to the IAD, but there are important exceptions. If IRCC finds that the child is not a member of the family.

class or that you are not a “sponsor within the meaning of the.

regulations,” the IAD may have no jurisdiction to hear an appeal on humanitarian. and compassionate grounds, and in some cases no sponsorship appeal is available at all.

How long do I have to appeal a dependent child sponsorship refusal?

For most sponsorship appeals, the IAD must receive your Notice of Appeal and a copy. of the refusal letter within 30 days of when your family member received the refusal decision.

Missing this deadline can result in losing your right to appeal, so you should act quickly after receiving the refusal.

Can I submit new evidence in my appeal?

Yes. In a sponsorship appeal, you can present new documents, witnesses, and explanations to address IRCC’s concerns. The IAD sets specific deadlines for disclosing your evidence, and failing to respect those deadlines can result in your appeal being dismissed or declared abandoned.

What if my child turned 22 during processing?

IRCC generally locks in the child’s age as of the date a complete application was received. If your child was a dependent on that date, turning 22 later does not automatically disqualify them.

However, other factors—such as marriage or common-law status—can still affect eligibility, and officers may disagree about whether the lock-in rules apply in your specific situation.

Is reapplying better than appealing?

It depends on the refusal reason, deadlines, and your current circumstances. If the refusal is clearly based on law (for example, the child not being a.

member of the family class) or a significant misrepresentation finding, an appeal may be critical. If the refusal arose mainly from missing documents that you can now provide, reapplying may be more efficient—especially if your right of appeal is limited.

A professional review can help you compare both paths.

Can humanitarian and compassionate considerations help my case?

Humanitarian and compassionate (H&C) arguments, including the best interests of the child, can be powerful, but they work within strict legal frameworks.

The IAD may grant H&C relief in some sponsorship appeals, and IRCC can consider H&C factors in specific applications or public policies. However, H&C cannot always overcome certain bars (such as a finding that the child.

is not a member of the family class), so careful legal analysis is required.