Canadian Spousal Sponsorship Refusal: How to Appeal
Last updated: January, 2026
Receiving a PR refusal letter from IRCC is emotionally devastating and can leave couples unsure of what to do next.
The good news is that a refusal does not always mean the end of the process. Depending on your application type, the reason for refusal, and the legal basis of the officer’s decision, you may have strong options to challenge or rebuild your case.
This guide outlines how to diagnose the problem, choose between appealing, re-applying, or applying through Federal Court, and how to rebuild a case that is stronger than before.
(Note: This process generally applies to federal immigration. The process may differ for applicants intending to reside in Quebec.)
Reasons for Rejection
Before taking action, you must understand exactly why the Canada spousal sponsorship application was rejected. The refusal letter will cite specific sections of the regulations (e.g., IRPA), but the reasons generally fall into three categories:
Relationship Genuineness: Concerns regarding incompatibility, lack of communication, significant age gaps, or cultural differences that were not addressed.
Documentation Issues: Missing forms, expired police certificates, or low-quality photos that don’t show the relationship’s progression.
Admissibility & Misrepresentation: Medical issues, undeclared children/marriages, or serious criminality (convictions with a sentence of 6 months or more).
IRCC publishes an official list of common spousal sponsorship application mistakes that applicants should review to understand why refusals occur.
Dealing with Rejection
Once you know the reason, you must decide to appeal, re-apply or apply to Federal Court. This decision depends on whether you applied Inland (spouse is in Canada) or Outland (spouse is outside Canada) and what the reason for the refusal is.
Option 1: Appeal to the Immigration Appeal Division (Outland Only)
- Best For: Subjective refusals (e.g., “marriage not genuine”) where you need a judge to hear your testimony.
- Pros: You can submit new evidence of your relationship’s progress and argue humanitarian grounds.
- Cons: Very slow (1.5–2 years).
Option 2: Re-apply (Inland & Outland)
- Best For: Fixable mistakes (missing docs, clerical errors, or weak initial evidence).
- Pros: Faster (~12 months) and gives you a fresh start with a new officer.
- Cons: You must pay fees again and explicitly address the previous refusal to avoid immediate rejection.
Option 3: Judicial Review (Inland & Outland with serious criminality)
- Best For: Inland applicants, outland applicants who got refusal because of serious criminality (where IAD is blocked), or if there are clear legal errors.
- Pros: Faster than an appeal; holds IRCC accountable to the law.
- Cons: No new evidence allowed. Winning only grants a re-assessment, not a visa.
The Appeal Process (IAD)
If you are eligible and choose to appeal (Outland only), the process follows these steps:
- Notice of Appeal: Must be filed within 30 days of refusal.
- The Record: You receive the “Rule 9” record (the officer’s full notes) to see exactly why they refused you.
- ADR (Alternative Dispute Resolution): You may be invited to an informal meeting to settle the case. If you bring strong new evidence here, you can often overturn the refusal without a trial.
- The Hearing: If ADR fails, you go to a full hearing where you and your spouse testify.
Rebuilding Your Case
Whether you appeal or re-apply, you must strengthen your evidence. A refused case is under higher scrutiny.
Fix the Narrative
Officers often refuse cases because the “story” doesn’t make sense.
- Address Red Flags: If there is a 20-year age gap, write a submission letter explaining the connection.
- Cultural Context: If the wedding was small, explain why (budget, estrangement, COVID-19).
Flood the Zone with “Hard” Evidence
- Financials: Show active use of joint accounts (everyday purchases), not just dormant savings.
- Communication: Call logs are superior to chat logs; they prove you speak daily.
- Public Recognition: Affidavits from friends/family and photos with extended family are essential.
The “Evolution” Evidence
If appealing, show that the relationship survived the refusal. Persistence is the strongest proof of a genuine relationship. Fraudulent couples usually give up after a refusal; genuine couples fight.
