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Sponsorship

Spousal Sponsorship Refusals

A spousal sponsorship refusal may be challenged through an appeal, judicial review or a stronger new application. We assess the decision and recommend the right path.
Overview

Spousal sponsorship is intended to reunite Canadian citizens and permanent residents with their spouses, common-law partners, or conjugal partners. If your application for permanent residence through spousal sponsorship is refused or returned, our spousal sponsorship lawyers may be able to help you appeal the refusal or reapply depending on your circumstances.

Inland vs Outland Spousal Sponsorship Refusals

First, it’s important to know that the options following a refusal depend on the type of sponsorship application that was submitted. An eligible Family Class application, commonly referred to as an outland sponsorship, may carry a right of appeal to the Immigration Appeal Division (IAD). The sponsor generally has 30 days from receiving the refusal decision to file a notice of appeal. However, not every Family Class refusal is appealable, as there are exceptions to IAD appeal rights depending on the reason for refusal.

Applications under the Spouse or Common-Law Partner in Canada Class, commonly referred to as inland sponsorship, generally DO NOT have a right of appeal to the IAD. Depending on the circumstances, a refused applicant may instead consider submitting a new application or seeking judicial review.

Spousal Sponsorship Refusal Rates

The refusal rate for both inland and outland spousal sponsorship applications is actually quite low compared to other Canadian immigration pathways, and is typically anywhere between 5% and 10%.

That doesn’t mean the Spousal Sponsorship application process is a simple task, though. Typical spousal applications are between 120 – 150 pages, after including all government forms and accompanying evidentiary documents.

Although much of the spousal sponsorship process is administrative, preparing a complete application can become considerably more complicated when a relationship or family history is not straightforward. Previous marriages, arranged marriages, relatively recent marriages, children from previous relationships, common-law relationships, periods of separation, or other unique circumstances may require additional documentation and explanation.

Common Reasons for Refusal

The IRCC scrutinizes the genuineness of every relationship to ensure the applicant is not committing marriage fraud in order to immigrate. If the officer is not convinced the marriage is genuine, they will refuse the application and can ban the sponsored spouse for 5 years from entering Canada for Misrepresentation. 

Some criteria that the IRCC takes into consideration when assessing applications:

  • Compatibility of couple
  • Co-habitation (or lack of)
  • Length of relationship (2 years and shorter require more documents)
  • Differences in religion, or caste (eg: Indian, Pakistani relationships)
  • Age difference
  • Difference in education
  • Cultural differences

What Happens After a Refusal (And How an Immigration Lawyer Can Help)

If an Inland Spousal application is refused, there are no rights to an appeal (as there are with Outland applications). If an application is refused, the person in Canada will no longer have status. The only option would be to retain a law firm to file a Judicial review on the original application or submit a new application. A Judicial Review process will take 3 to 4 months.

If the application was an Outland application, an appeal can be filed with the IAD (Immigration Appeal Division) and a hearing date will be scheduled to be held in 1 to 1.5 years. During this time, your spouse will not be able to travel to Canada, unless they already have a valid TRV. If they do not have a valid TRV, IRCC will not issue a TRV after a refused sponsorship application.

Other Spousal Sponsorship Issues We Help With

Returned Applications

If an application was not complete, CPC-M will return the application after 2 to 2.5 months. If the application was filed Inland, and a person is relying on implied status via the Open Work Permit being approved, they will fall out of status as the work permit will not be processed. If the person has been out of status for less than 90 days, they can apply for Restoration of Status and resubmit the Spousal application. Otherwise, if 90 days have passed since falling out of status, they can still be sponsored for PR, but not eligible for a Work Permit, unless a TRP request is made with the work permit.

Reasons for returned applications:

  • Outdated/incorrect version of forms
  • Questions answered incorrectly
  • Leaving questions blank/unanswered, not using “N/A” where applicable
  • Missing required forms, documents, or evidence
  • Incorrect picture specifications (no D.O.B, date taken, too much/too little white space around head)
  • Incorrect fees paid or not included in application
  • Mixing up the “Principal Applicant” and the “Sponsor”
  • Missing/incorrect country specific requirements
  • Application not linking to online account
  • Open Work Permit not issued
  • Issues with police checks
  • Issues with divorce records
  • Issues with children from another marriage (accompanying and non-accompanying)

In-Person Interviews

People often get nervous and act suspicious, or they answer questions incorrectly; this happens all too often. The visa officer will take detailed notes of the interview and will refuse the application if they are not convinced after the interview.

An immigration lawyer can help applicants prepare for an interview by reviewing the application, identifying potential areas of concern that are likely to come up. 

Procedural Fairness Letters 

IRCC may send a Procedural Fairness Letter requesting additional information. It is imperative to provide a detailed submission letter, along with evidence that will support the application. Failure to do so will result in a refusal. If you find yourself in this situation, it is strongly advised to retain professional help to help prepare a response. If an application is refused, the appeal process or re-application process will take at least another year.

Book a Consultation With a Spousal Sponsorship Lawyer 

Contact us for more information about the Spousal Sponsorship application process or for assistance in preparing an application or appealing a refused application.

Related Services

Sponsoring a Spouse with Misrepresentation Ban
Spousal Sponsorship
Other Relative Family Sponsorship
Parent & Grandparent Sponsorship
Dependent Child Sponsorship

Need Advice?

Every immigration matter is different. Speak with one of our lawyers to understand your options, potential risks and recommended next steps.

Eligibility

Who may qualify for this service?

IRCC refused your spousal or partner sponsorship application.

The officer misunderstood or overlooked important evidence.

The decision contains a legal or procedural error.

IRCC questioned whether the relationship was genuine.

The refusal involved inadmissibility, misrepresentation or sponsor eligibility.

New evidence can address the concerns raised by IRCC.

You are eligible to appeal to the Immigration Appeal Division.

Judicial review or a new sponsorship application may be available.

You act before the applicable filing deadline.

Our process

A clear plan for your immigration matter

Every case is different. We tailor our advice, preparation and legal strategy to your circumstances while keeping you informed throughout the process.

Step 01

Consultation & Strategy

We review your immigration history, current circumstances, goals, deadlines and potential risks to understand your matter and available options.

Step 02

Document Preparation

We recommend an approach and provide a tailored checklist identifying the forms, evidence and supporting documents needed for your matter.

Step 03

Preparation and Representation

We prepare or review the required materials, address potential concerns and submit or advance your matter with the appropriate government authority or court, where applicable.

Step 04

Follow-Up and Next Steps

We monitor the matter, respond to requests when included in our services and advise you about decisions, deadlines and available next steps.

Document checklist

What you'll need

After your consultation, we’ll provide a personalized checklist outlining the documents and information needed for your matter, along with any relevant templates and next-step guidance.

  • IRCC refusal letter.
  • Proof of the date the refusal decision was received.
  • Complete copy of the sponsorship application.
  • Copies of all forms and supporting documents submitted.
  • Correspondence with IRCC.
  • Procedural fairness letters and responses, if applicable.
  • Interview notices, notes or records, if applicable.
  • GCMS notes, if available.
  • Sponsor’s citizenship or permanent residence documents.
  • Marriage certificate or proof of common-law status.
  • Updated evidence that the relationship is genuine.
  • Photographs, messages, travel records and financial records.
  • Documents addressing the specific refusal reasons.
  • Written timeline of the relationship and application.
  • Witness statements or sworn declarations, if applicable.
  • Notice of Appeal or Federal Court documents, if already filed.
  • Certified translations for documents not written in English or French.

Missing, unclear or inconsistent information can lead to delays or refusals. We help you prepare a complete, accurate application that clearly reflects your circumstances.

Contact
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