Spousal Sponsorship Refusal and Appeal
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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.)
If you want to avoid rejection and get help with Canadian immigration, book a consultation with our Licensed Specialists. Here are the Immigration Consultant Fees.
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:
- There isn’t enough proof of communication or time spent together (for example, only wedding photos are submitted with no chats, call logs, or daily-life evidence)
- The relationship timeline looks rushed, inconsistent, or unclear
- Details in the forms or interviews do not match
- The marriage appears arranged mainly for immigration
- Evidence looks “cherry-picked” instead of showing a full, natural relationship
- Documentation Issues:
- Incomplete or inconsistent PR forms
- Missing sponsor or applicant signatures
- Missing certified translations
- Not replying to IRCC document requests
- Not updating IRCC after important changes
- Using outdated IRCC forms
- Gaps in address, work, or travel history
Incorrect or hidden information can lead to misrepresentation, causing refusal and a 5-year ban. So if you have decided to withdraw, better read about how to cancel spousal sponsorship.
- 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.
What are the consequences of a fake marriage (marriage of convenience) or misrepresentation in a Canadian immigration application?
Canada treats fake marriages—also called marriages of convenience – as a very serious immigration offence. A fake marriage means the relationship was entered into primarily to obtain immigration status, rather than to establish a genuine marital or conjugal relationship. So just showing a marriage certificate is not enough. When IRCC decides a marriage is not genuine or finds that someone hid important information, it can be treated as misrepresentation under Canada’s immigration law.
Here are the main consequences:
- 5-year ban (inadmissibility):
If misrepresentation is confirmed, the person can be banned from getting most types of visas or permanent residence for five years. Visitor visas, study permits, work permits, and PR applications will normally be refused during this period. - Refusal of current applications:
Any sponsorship or PR application in process can be immediately refused.
- Risk to permanent residents:
If the person already has PR status, IRCC can send them to an admissibility hearing. If the fake marriage is proven, they can lose their permanent residence and receive a removal order. - Financial consequences for the sponsor:
The sponsor may still be legally responsible for the three-year financial undertaking, even if the marriage is later found to be non-genuine. If the sponsored person goes on social assistance, the government can force the sponsor to repay the debt. - Possible criminal charges:
When fake documents, payments for marriage, or organized fraud are involved, criminal charges can also be laid. - No need for “intent to lie”:
Misrepresentation can happen even if someone “didn’t mean to lie,” as long as an important fact was hidden or twisted.
Overall, fake marriages can lead to long bans, legal problems, financial penalties, and even removal from Canada – so complete honesty is essential.
