Updated on August 19, 2026 by canadian immigration experts
Quick answer
Refused spousal sponsorship? If you applied outland, you have 30 days from receiving the written refusal to file a Notice of Appeal with the Immigration Appeal Division. The appeal is heard de novo, so evidence the officer never saw is allowed. We act for Thornhill couples from our North York office.
Why do spousal sponsorship files from Thornhill look different?
Because they are usually cross-border files. Thornhill straddles Yonge Street, Vaughan to the west and Markham to the east, and holds large Russian-speaking and Israeli communities. Sponsors near Bathurst and Centre Street, in Thornhill Village at Yonge and John Street, or in Royal Orchard often married abroad, so the civil documents come from a foreign registry.
We take instructions in English and Russian, which matters when a name or patronymic is spelled one way on a translated certificate and another on an IRCC form. Officers read that difference as a credibility problem.
Why does IRCC refuse spousal sponsorship applications?
Most refusals turn on section 4 of the Immigration and Refugee Protection Regulations: the relationship is not genuine, or it was entered into primarily to acquire status. The test is disjunctive, so either finding alone is enough. The rest come from sponsor ineligibility or from misrepresentation under section 40 of the Immigration and Refugee Protection Act, which carries a five-year bar.
| Ground | Officer’s focus | What answers it |
|---|---|---|
| Not genuine (s. 4 IRPR) | Whether the relationship is real | Contact throughout, visits both ways, joint finances |
| Primarily for immigration (s. 4 IRPR) | Your intention when it began | How you met; courtship before applying |
| Misrepresentation (s. 40 IRPA) | Anything material withheld | Disclosing earlier marriages and refusals |
| Sponsor ineligible | Bankruptcy, default on an undertaking, some convictions | Clear it before filing |
Our page on spousal sponsorship refusal reasons takes each ground in turn; spousal sponsorship in Canada covers eligibility.
Should a Thornhill couple apply inland or outland?
Outland, if appeal rights matter. An outland application is processed through a visa office and, if refused, the sponsor may appeal to the IAD. An inland application can come with an open work permit, but an inland refusal carries no IAD appeal — only judicial review in the Federal Court.
This comes up constantly here: many sponsored spouses arrive first on a visitor record, and you can still apply outland while your spouse is in Canada. Common-law partners must show 12 continuous months of cohabitation. There is no income requirement, but the sponsor must be a citizen or permanent resident, 18 or older, and signs a three-year undertaking.
How do you prove a relationship that began outside Canada?
With a documented timeline, not a stack of photographs. Make every foreign document usable: certified translation into English or French with the translator’s declaration, plus any authentication the issuing country requires.
- Proof of how you met, before any immigration step was taken.
- Passport stamps and boarding passes showing visits both ways.
- Communication across the relationship, not concentrated before filing.
- One spelling of every name across forms and civil documents.
What happens after a spousal sponsorship refusal?
Check the appeal right first. Section 64 IRPA removes the IAD appeal entirely where the sponsored foreign national is inadmissible for serious criminality — a term of imprisonment of at least six months — or for organised criminality, security, or violating human or international rights. Those refusals go to the Federal Court by judicial review instead, on the deadlines in section 72(2)(b) IRPA. An inland refusal also carries no IAD appeal.
Where the appeal right exists, you file a Notice of Appeal within 30 days of receiving the written refusal. The hearing is de novo: evidence the officer never saw is admissible, and both spouses testify. Many appeals resolve through the alternative dispute resolution stream without a full hearing. Where a bar remains, section 67(1)(c) IRPA allows special relief on humanitarian and compassionate grounds, including the best interests of a child directly affected.
| Stage | What happens | Timing |
|---|---|---|
| Notice of Appeal | Filed with the IAD; the Minister is respondent | Within 30 days of the refusal |
| Disclosure | The visa office record arrives; you build new evidence | Set by the IAD |
| ADR conference | Minister’s counsel reviews it; many appeals end here | If referred to ADR |
| Hearing | Both spouses testify; new documents admitted | Often by videoconference |
| Decision | Allowed and sent back for processing, or dismissed | Oral or reserved |
See spousal sponsorship refusal appeal, how to appeal to the Immigration Appeal Division, and appealing a refusal of a sponsorship application.
Do you have to travel for the hearing?
Usually not. Immigration Appeal Division hearings are frequently held by videoconference, so whether you live west of Yonge in Vaughan or east of it in Markham changes very little about how the appeal is run. Where a sitting is in person, it is at the Immigration and Refugee Board‘s Toronto regional office, 74 Victoria Street — the IAD is a tribunal of the Board, not a court.
Plan the overseas side early: the sponsored spouse is usually still abroad while the appeal runs, so settle in advance how their evidence will be taken. We act for Thornhill couples from 1110 Finch Ave W #406, Toronto, ON M3J 3M2, south of Steeles Avenue, and keep no Thornhill office.
If IRCC has not refused you but has simply stopped moving, the remedy is different. A writ of mandamus in Canada asks the Federal Court to order IRCC to decide the stalled file. It does not force an approval; it forces a decision, which can still be a refusal. Related work sits close by: residency obligation matters with an immigration appeal lawyer in Vaughan, the same inland-versus-outland question with a spousal sponsorship lawyer in Scarborough, and the wider practice on our immigration lawyer in North York page.
Talk to us about your sponsorship file
Bring the refusal letter, the officer’s notes, the date you received it, and the civil documents you filed. Fees vary with the complexity of the file — ask for a written quote at the consultation.
Frequently asked questions
Do you have an office in Thornhill?
No. We act across Thornhill, on both sides of Yonge Street, from our North York office at 1110 Finch Ave W #406. Most steps are remote.
Can we deal with your team in Russian?
Yes. We take instructions in English and Russian, which helps when a marriage certificate or registry extract must be read against its translation.
How long do I have to appeal a refused spousal sponsorship?
30 days from receiving the written refusal, and only if you applied outland. An inland refusal carries no IAD appeal; judicial review is the route.
Can I file evidence the visa officer never saw?
Yes. An IAD appeal is heard de novo, so new documents are admissible and both spouses testify. Judicial review does not allow that.
Is there ever no right of appeal at all?
Yes. Section 64 IRPA removes the IAD appeal where the sponsored person is inadmissible for serious criminality, organised criminality, security, or human or international rights violations. Judicial review in the Federal Court is then the route.
Do our foreign documents need to be translated?
Documents not in English or French need a certified translation with the translator’s declaration. Some must also be authenticated before a visa office relies on them.
Disclaimer: This article is general information about Canadian immigration law and procedure, current as of 2026. It is not legal advice and no solicitor-client or representative-client relationship is created by reading it. Deadlines and requirements change, and the right remedy depends on the facts of your file. Speak to a qualified immigration professional about your own circumstances before acting. Jane Katkova & Associates has advised clients on Canadian immigration matters since 1995.
