Has your immigration application to Canada been refused? Have you been found to be inadmissible? Bellissimo Immigration Law Group PC can help with appeals of negative decisions!
We represent hundreds of clients with appeals to the Immigration Appeal Division (IAD), and prior to the implementation of the new Immigration Appeal Division Rules, Bellissimo Immigration Law Group PC was invited to weigh-in on proposed changes to the IAD Rules. We were glad to see that much of the feedback provided have been reflected in the new IAD Rules which came into effect on 14 January 2023.
The Immigration Appeal Division, one of four divisions of the Immigration and Refugee Board, hears general appeals on issues such as failed sponsorship applications, removal orders and residency obligations.
The process for appeals to the IAD differ depending on the type of decision being appealed.
Sponsorship
Appeals
Failed sponsorship applications may be made by the permanent resident or Canadian citizen who supplied the application to sponsor in support of the foreign national’s application for permanent residence. If the application is unsuccessful, the sponsor can appeal the refusal to the IAD, and the Notice of Appeal must be filed to the IAD within 30 days of receipt of the refusal letter. For years the process included an Appeal Record for the case being produced by the Minister of Immigration, Refugees and Citizenship Canada no later than 120 days from the date requested. However, under the new IAD Rules, this time period has been shortened to 60 days. The Appellant is then required to produce documents in support of their appeal within 60 days after receiving the Appeal Record – a significant change from the previous rules when documents were to be provided to the IAD 20 days before the hearing. We understand this to be a positive change intended to assist IAD with triaging cases and where possible to attempt to resolve them through early resolution mechanisms, for instance, Alternative Dispute Resolution (ADR), which involves an informal meeting of the appellant, the Minister’s Counsel and the Member of the Immigration Appeal Division. Appellants counsel can also ask for ADR, although generally whether the appeal may be suitable for ADR or not is determined by an Early Resolution Officer of the IAD. If a positive decision is made at ADR, there is no need for a hearing. In all other circumstances, a hearing will be scheduled, which the IAD Member, who is the decision maker, will decide to either allow or dismiss the appeal. If the appeal is allowed, processing of the sponsorship/permanent residence application will be resumed by Immigration, Refugee and Citizenship Canada.
However, there are some individuals who cannot file an appeal of a refused sponsorship application. This includes sponsors of applications for permanent residence involving persons who are inadmissible to Canada on grounds of security, violation of human or international rights, certain serious criminality, organized criminality or misrepresentation.
Removal
order appeals
Persons who have received a removal order and who are permanent residents or permanent resident visa holders may appeal their removal to the Immigration Appeal Division. Convention Refugees or Protected Persons may also seek a removal order appeal. Notice of Appeal must be filed to the IAD within 30 days after receipt of the removal order. The Minister or the Immigration Division must then provide the record within 30 days of a request for same from the Immigration Appeal Division. Again, the IAD may suggest that the appeal proceed by Alternative Dispute Resolution, although this is rare and generally not applicable for removal order appeals, but early resolution mechanisms do exist and at Bellissimo Immigration Law Group PC we examine each case in detail to determine what is the best appellate remedy. Where a hearing is scheduled at the IAD, a decision will be made to either allow or dismiss the appeal. If the appeal is allowed, then the removal order will be cancelled, and the person will be allowed to remain in Canada. If the removal order is stayed, then the removal is temporarily on hold and the person will be allowed to remain in Canada under certain specified conditions for a period of time, and the conditions of stay and its length will be determined by the IAD. The appeal will then be reconsidered at the end of this period of time by the IAD. At that time, the Division may decide to allow the appeal, continue the stay or dismiss the appeal. If the appeal is dismissed, then the person is removable from Canada at any time.
Residency
obligation appeals
To maintain their permanent resident status in Canada, permanent residents are required to be physically present in Canada for at least 730 days during any given 5-year period. Where a finding is made that the individual has not met these requirements, their permanent resident card application or an application for a permanent resident travel document or an application to enter Canada as a permanent resident may be refused and/or a departure order may be issued. If the decision is issued in Canada, then the permanent resident will have 30 days to file the appeal to the IAD from the date of the decision/departure order issuance. If the decision is made by an overseas Canadian visa office (i.e. in cases where permanent resident applied for a permanent resident travel document to return to Canada), then the permanent resident has 60 days from the date of the decision to file the appeal.
Following the filing of the notice of appeal, an appeal record will be produced by the Minister within 60 days of the date requested. IAD member may suggest that the appeal be dealt with through alternative dispute resolution. Again, if alternative dispute resolution is successful, then a hearing will not be required. If it is not, then a hearing will be scheduled. There are two possible resolutions that can flow from the hearing of residency obligations appeal: 1) the appeal can be allowed, and permanent resident status will be maintained. If the appellant is not already in Canada when the appeal is allowed, then a travel document will be issued; 2) the appeal can be dismissed, and permanent resident status will be revoked. If the appellant is in Canada, a departure order that converts to a deportation order within thirty days will be issued.
How can Bellissimo Immigration Law Group PC help?
We have significant experience representing clients on appeals to the Immigration Appeal Division for decades. We can assist at all stages, including with preparation of the notice of appeal, the gathering and filing of required evidence, the preparation of submissions, preparation for witness testimony and in providing representation at the hearing itself. Our firm prides itself on the success we have achieved on appeals due to our thorough preparation of appeal files and our in-depth knowledge of the legislation and case law. Please contact Bellissimo Immigration Law Group PC if you require assistance at the Immigration Appeal Division.
Do I need to Appeal to IAD or Waive my Right of Appeal?
Q. I have landed in Canada with my family as permanent residents in May 1996, but I had to go back to India with my family in August 1996. In August 2002, I intended to return to Canada and wrote to the Canadian High Commission in India to clarify my status and issue me an Authorization to return. Since I had not received any response and telephonic discussion was not being entertained, I made a new application in December 2002, just for not losing my PR status. Now I received a response to my application for PR made in Dec. 2002 saying that we are still permanent residents who did not comply with the residency obligation and must sign a Consent to Decision of Residence and Waiver of Appeal Rights, to continue my application. Signing this document removes the PR status also waives the right of appeal of the removal of this status. They continue to say that if we believe we are still PRs, then we must apply for a Permanent Resident Travel Document. They gave us 30 days to provide a response. What is your advise in this case, please?
A. This is a frequent question that we receive. When you left Canada, under the old Act and Regulations, you still had to comply with the residency obligation, meaning at that time that you could not be out of Canada for more than 6 months within any 12-month period. Obviously, you did not comply with this requirement. When you applied for a RRP (Returning Resident Permit) in August 2002, the new legislation was in place as of June 2002, and this type of application was no longer available- hence no response from the visa office. At this point in time, as per the visa office’s letter, you must decide whether to apply for a travel document, which will be refused and then challenge the decision in court (IAD) or, just sign the waiver and continue with your new application. Without knowing all the details of your case, I believe it will be very difficult to demonstrate in court that you complied with the residency obligations and win your case. A permanent resident application may be the better option but consult with an immigration lawyer before any decisions.
Q. This is regarding my brother-in-law’s application for permanent residency. He applied by himself and he was refused recently. He married my sister last month and we decided to apply again, but would need some guidance as we do not want him to be refused again. Both my sister and her husband have post-graduate degrees with considerable experience in their area of finance & business administration. I was wondering why he was refused?
A. It is very difficult to say definitively without reviewing the refusal letter. There may be a number of reasons for the refusal: lack of proper documentation, the degree granting schools are not recognized by the local government as an institution that can issue diplomas/ degrees, insufficient work experience, lack of language ability, etc. One other question that I would have is whether your brother-in-law has advised Immigration Canada about his change of status, after marrying your sister. You might want to consult a specialist regarding the possibility of challenging the refusal at the Federal Court of Canada if warranted. As for a new application, applicants must be very careful as the recent changes allow for only 38 eligible occupations for immigration to Canada without a job offer. So consult before applying to avoid another refusal. Also, a lawyer will review other immigration programs that might apply to your brother in law’s case. Good luck!
Very professional, fast response time.
Excellent service
Mark Rasmussen
1 month ago
I recently needed a consultation only with Bellissimo Immigration Law Group.
They were punctual and quite insightful as to my situation and thorough. I never felt rushed and also had a second colleague of theirs enter the consultation to confirm everything we had discussed. I will iuse them in the future. Spectacular.
Canadian Greeb
3 months ago
Nice law firm
Very nice staff
Slowly but surely
Carol
4 months ago
I had a truly excellent experience with Bellissimo Immigration Law Group. Keely is knowledgeable, warm, and incredibly detail-oriented, and Mario brings a wealth of experience and insight.
I was helping my son’s nanny navigate a very complex immigration situation. She had been living with us in Canada for three years when we began her permanent residency application. During the process, we discovered an issue with her original work permit application. While it was an honest mistake, we knew it could have serious implications and wanted to handle it carefully.
We consulted several immigration lawyers, and most advised that it would be a difficult case. Many suggested submitting an explanation and hoping for the best. The Bellissimo team also acknowledged the challenges but recommended a different approach — applying on Humanitarian and Compassionate (H&C) grounds. Mario had experience with this path and believed it would give us a stronger chance of success.
The application process was thorough and required a significant amount of work. Keely guided us every step of the way. In total, we submitted over 80 supporting documents, many beyond the basic requirements, to fully demonstrate our nanny’s life in Canada and her contributions to our family and community. Keely and Mario also prepared a comprehensive submission that tied everything together clearly and persuasively.
Due to COVID backlogs and changes in immigration policies, the process took several years. Throughout that time, the Bellissimo team continued to check in and monitor our file — they truly don’t just submit and walk away, which we really appreciated.
We are so happy to share that our nanny has now received her permanent residency. Looking back, I am convinced that their strategy, attention to detail, and dedication made all the difference.
I would highly recommend Bellissimo Immigration Law Group, especially for anyone dealing with complex or non-straightforward immigration cases.
Amanda Suckra
6 months ago
"When our spousal sponsorship was denied due to a large age gap, we felt judged and defeated. Bellissimo Law Group changed everything. Alexandra Goncharova and her team are absolute experts in these sensitive cases; they didn't just provide legal advice—they gave us our future back.
Alexandra was meticulous, fearless, and prepared us so thoroughly that our refusal was successfully overturned. If you are facing a complex appeal where the odds seem stacked against you, Bellissimo is the firm you need, Highest recommendation!"
Kenneth Perry
8 months ago
Bellissimo Immigration Law Group made a complex process feel clear and manageable. Their team was professional, attentive, and genuinely committed to helping me succeed. I always felt informed, supported, and in excellent hands. I’m truly grateful for their work and highly recommend them.
Nasir Khan (Nasikan)
8 months ago
I had an excellent experience working with Alexander on my IAD appeal. She guided us through every step with patience, clarity, and professionalism. The way she prepared us for the interview and handled the hearing was truly impressive. Our appeal was approved, and we’re extremely grateful for her hard work and dedication. Highly recommended!
James Christie
8 months ago
Lisa Fletcher
9 months ago
I am thankful that I was able to use the services of Bellissimo Law Group. Hannah, my immigration attorney, walked me through every step and answered every question I had. The process was made so much easier with her help and we achieved success! I am now a Canadian citizen! Thank you, Hannah and the team at Bellissimo.
Abeer Malik
9 months ago
My mother’s super visa was initially rejected when I applied on my own. However, with the help of lawyer Lijing Cao and immigration consultant Shuai Dong, her visa was successfully approved. They did an amazing job the entire process was seamless, and their communication was always prompt and professional. I highly recommend them 100%!
ARAFAT MUNSHI
9 months ago
Really helped me clarify a lot of things.
Nickeisha Delisser
10 months ago
I am deeply grateful to Bellissimo Immigration Law Group PC for assisting me during one of the most challenging periods in my life. When all seemed lost and there was a very high possibility that I might have to leave Canada, they took on my case with such care, professionalism and expertise. They guided me through the federal appeal process with confidence and compassion and secured approval for my permanent status in Canada.
As I have utilised other legal services before Bellissimo, I can assure you, where others fall short, they deliver.
AK
10 months ago
Very helpful and knowledgeable people. You do have to stay on top of things but overall I found them very supportive and involved in my case.
kala Mulqueeny
11 months ago
Mario Bellissimo and Keely Anderson are outstanding professionals. I couldn’t recommend them more and would give 6 stars if I could. My experience with them demonstrated to me why they are so consistently and highly ranked by their peers. I am a New York Attorney and Australian lawyer myself so can be harder to please with legal related services than perhaps others, but this firm was exceptional.
I was assisting a close friend with a Canadian visa application . From our first call with each of them they drilled down into the details of her case and gave more than the allocated time to truly understand the situation prior to providing advice. It was a complicated case and not unreasonably, they indicated the odds of success / failure of a successful visa application were even. But they assured us they would try their darndest to help ! Their experience was obvious and they imbued confidence in their knowledge of Visa law and procedures as well as how it practically operated within the IRCC.
We had previously contacted three other immigration agents all of whom indicated that without misrepresentating the situation, the odds of my friend getting a visa were very low. A fourth lawyer we had spoken to had recommended an honest pathway to applying, but was very hazy on strategy. We did not feel comfortable with any of them.
Bellísimo recommended we provide the IRCC with full disclosure and an explanation - which is how we proceeded. We then proceeded to comprehensively document the situation and received an extensive supporting legal advice to the IRCC from Bellísimo, which distilled the extensive evidence we were able to gather.
Although we understood there were no guarantees as to success, with Bellísimo lawyers’ guidance we felt rest assured that we ultimately submitted the best possible application and were honest in doing so.
Whilst initially I noted a discrepancy between the fees that the immigration agents charged and those that Bellísimo charged, there is no question that as lawyers, their fees were reasonable and the quality of the work they did was infinitely superior to those of the immigration agents. I definitively believe we got value for money and their fees were reasonable for the work and effort provided.
Ultimately the application was successful. We were thrilled.
We feel indebted to Keely and Mario for their assistance and unreservedly recommend them individually and their firm for outstanding immigration law advice.
Oleksii Yermolenko
11 months ago
Thank you for professional advice, which helped me to resolve my problem in short term and save thousands of dollars on medical expenses
Harold Bubu
11 months ago
I was referred to Bellissimo Law Group by my brother-in-law after my application was denied.
The team carefully reviewed my GCMS notes, identified the issues, and recommended pursuing a judicial review.
Thanks to their expertise and guidance, the outcome was positive. They later assisted me with the application, and I am now in Canada pursuing my studies.
I am deeply grateful for their professionalism and support throughout this process, they respond immediately and give you the answers to your worries, this is the part that every applicant wants during the process of their application and Bellissimo law group have it.
I will always recommend Bellissimo law group to anyone who has such problems.
HAROLD
Nicolas Nkomeje
12 months ago
I had the pleasure of working with Bellissimo on my application, and their professionalism and expertise made the entire process smooth and stress-free.
They provided clear guidance, were always responsive to my questions, and ensured all documents were accurate and submitted on time. Thanks to their support, my application was successful. I would highly recommend Bellissimo to anyone seeking reliable immigration legal services.
Milena Stoj
12 months ago
I'm so happy that I found Bellissimo Law Group. They did amazing job for me, I got my Super visa in such a short time, I couldn't believe. Thanks to their professionalism and experience they deserve highest marks for the job they do.
Hugo Sousa
1 year ago
The Best Immigration Law Firm in Canada!
We are forever grateful to Bellissimo Law Group for helping us achieve Permanent Residence in Canada. Our case was complex (so much so that other immigration professionals referred us directly to Mr. Mario Bellissimo, recognizing him as the top expert in the field).
From our very first consultation with Mr. Mario Bellissimo, we felt supported and confident. He provided a clear, honest strategy, and we retained their services immediately. By the end of the process, everything played out exactly as he had initially outlined.
We want to especially thank Lijing, Shuai, and all the other incredible team members who worked on our case and helped in any way (including David, Michelle, Michael, Justina and other support). Each one brought professionalism, compassion, and an unwavering commitment to our success. The legal team was always responsive, detail-oriented, and they genuinely cared about our situation.
Bellissimo Law Group is more than a law firm: they are your strongest ally in ensuring a successful immigration application. If they take your case, your chances of success are high. Whether your case is complex or straightforward, do not see hiring their services as an expense. Instead, see it as one of the best investments you can make in your future and peace of mind. They truly are the best of the best, and we wholeheartedly recommend them to anyone navigating any immigration process in Canada.
We are endlessly grateful to the entire team at Bellissimo Law Group!
Daryna Tymchenko
1 year ago
We are beyond grateful to Bellissimo Law Group for their exceptional service and professionalism throughout our permanent residency process. From the very beginning, their team demonstrated deep expertise, attention to detail, and a genuine commitment to helping us succeed.
A special thank you to Lijing and Shuai — working with them was an absolute pleasure. They were always responsive, knowledgeable, and guided us with patience and clarity at every step. It’s rare to find such a dedicated and experienced legal team, and we truly felt supported and confident throughout the entire journey.
Thank you again to everyone at Bellissimo Law Group. We wholeheartedly recommend them to anyone looking for trustworthy and results-driven immigration lawyers!!
Hatem Khalil
1 year ago
Isa
1 year ago
I called to get some information about booking a consultation in the near future and the receptionist was friendly and helpful. She answered all the questions that she was able to and send me information on the process. I have read all the great reviews and am confident that your law firm is what I need to make my sponsoring journey less of a nightmare for me lol.
Carol Connelly
1 year ago
We had a great experience with Bellissimo Immigration Law Group. We had a number of questions about medical admissibility for a study permit application, and Bellissimo seemed to have a lot of experience with medical issues. We scheduled a consultation, which was easy to set up. We got excellent and specific advice during our consultation with Keely Anderson, and at the end she encouraged us to apply on our own, as our case actually wasn't as complicated as I had feared. (I appreciated the honesty!) With the advice we received, we felt confident in our ability to complete the application on our own, and the study permit was approved.
Jo M
1 year ago
If I could write poetry, I would have written a poem for Mr. Bellissimo.
I want to thank you from the bottom of my heart.
Like others said, when you go into a consultation with Mr.Bellissimo and his team, you get real answers. Not guarded words. Not someone holding back until you hire them. Just sincere advice, shaped around what’s truly best for you.
In our first meeting, he brought up that I might be eligible for Legal Aid — something no other lawyer had even mentioned. And in the second, he paused and really looked at the full picture of my life — my teenagers, our challenges, our future. He gave me advice that actually went against his own benefit. He thought like a parent. He thought like someone who genuinely cares. That kind of integrity is rare.
I was so touched. Because in a world where most people lead with their own gain, he led with empathy and honesty. He truly put himself in my place — and guided me with heart.
I am so touched and I am forever grateful for you Mr.Bellissimo. 💛
Ellaine Camacho
1 year ago
I am incredibly thankful and grateful for the outstanding support I received from Bellissimo Immigration Law Group PC. My journey with them includes two major Immigration challenges and their expertise helped me overcome both successfully.
First case: Loss of Status in Canada. I lost my legal status in Canada 2019 and thanks to their guidance and dedication I was granted Permanent Residency under Humanitarian and Compassionate Grounds, March 2023. Their team handled my case with professionalism, compassion and deep legal knowledge.
Second Case: Refused Family Sponsorship (Dependent Child). My family sponsorship was refused November 2024 due to not meeting the Minimum Income Cut-Off. With their help I filed an appeal and it was successful, July 16, 2025! Now, I will soon be reunited with my child and I couldn't be more grateful.
The entire team is highly skilled, approachable and truly committed to their clients. I salute their outstanding service and unwavering support. Based on my personal experience, I highly recommend Bellissimo Immigration Law Group PC to anyone facing immigration challenges especially those involving Humanitarian and Compassionate Grounds.
Special mention and heartfelt thanks to Ana Martinez, Alexandra Goncharova, Keely Anderson, Simran Sra and Mario Bellissimo.
I am truly very satisfied with their service. Thank you, Bellissimo Immigration Law Group PC for helping me rebuild my life and reunite with my family. May God Bless You All!🙏
