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.