Updated on February 17, 2025 by canadian immigration experts
While many Canadian spousal sponsorship applications are approved each year, it’s important to be aware that refusals do occur.
Understanding the common reasons for refusal can help you avoid these pitfalls and prepare a stronger, more successful application.
Relationship Not Genuine (Most Common Reason):
Why It Happens: IRCC suspects the relationship is primarily for immigration purposes (marriage fraud) and lacks genuine love, commitment, and shared intention to build a life together.
How to Avoid It:
- Provide Extensive Evidence: As detailed in the “What is a Genuine Relationship?” section, provide a wide range of evidence demonstrating the authenticity of your relationship (photos, communication records, travel records, joint financial accounts, affidavits, etc.).
- Tackle Red Flags Ahead of Time: If there are any warning signs in your relationship (such as a significant age difference, brief relationship duration, or cultural disparities), confront them openly in your application by providing a clear and persuasive explanation.
- Be Consistent and Truthful: Ensure that all information provided in your application is consistent and truthful. Inconsistencies can raise suspicion.
- Prepare for a Potential Interview: Be prepared to answer questions about your relationship in detail during an interview with an IRCC officer.
Sponsor Not Eligible:
Why It Happens: The sponsor does not meet the eligibility requirements to sponsor their spouse/partner. Common reasons include:
- Receiving Social Assistance: The sponsor is receiving social assistance (other than for disability).
- Previous Sponsorship Undertaking Not Fulfilled: The sponsor previously sponsored someone, and the undertaking period (3 years) has not yet expired.
- Previous Sponsorship Default: The sponsor previously sponsored someone who received social assistance during the undertaking period, and the sponsor has not repaid the debt.
- A conviction for a Violent or Sexual Offence: The sponsor has been convicted of a violent or sexual offense, or an offense against a family member.
- Subject to a Removal Order: The sponsor is subject to a removal order.
- Incarcerated: The sponsor is currently incarcerated.
How to Avoid It:
- Carefully Review Eligibility Requirements: Before applying, carefully review the eligibility requirements for sponsors on the IRCC website.
- Ensure Financial Stability: If you are concerned about meeting the financial requirements, take steps to improve your financial situation before applying.
- Address Past Issues: If you have a criminal record or a history of immigration violations, consult with an immigration lawyer to determine your eligibility and address any potential issues.
- Be Honest About Your Situation: Do not attempt to conceal any information about your past or present circumstances.
Sponsored Person Not Admissible:
Why It Happens: The person being sponsored is inadmissible to Canada for reasons such as:
- Criminal Record: The sponsored person has a criminal record.
- Medical Inadmissibility: The sponsored person has a medical condition that poses a risk to public health or safety, or that would place an excessive demand on Canadian healthcare resources.
- Security Concerns: The sponsored person poses a security risk to Canada.
How to Avoid It:
- Address Criminal Record Issues: If the sponsored person has a criminal record, they may be able to apply for criminal rehabilitation or a Temporary Resident Permit (TRP). Consult with an immigration lawyer to determine the best course of action.
- Address Medical Concerns: If the sponsored person has a medical condition, they may be required to undergo additional medical testing. In some cases, they may be able to demonstrate that their medical condition will not pose a risk to public health or safety or place an excessive demand on Canadian healthcare resources.
- Be Transparent About Past Issues: Do not attempt to conceal any information about the sponsored person’s past or present circumstances.
Incomplete Application:
Why It Happens: The application is missing the required forms, documents, or information.
How to Avoid It:
- Use the Document Checklist: Carefully review the document checklist provided by IRCC and ensure that you include all required documents.
- Double-Check Everything: Before submitting your application, double-check that all forms are complete, accurate, and signed.
- Make Copies: Keep copies of all application forms and supporting documents for your records.
Misrepresentation:
Why It Happens: The applicant (either the sponsor or the sponsored person) provides false or misleading information on their application.
How to Avoid It:
- Be Honest and Truthful: Always be honest and truthful in your application. Do not attempt to conceal any information or provide false information.
- Be Transparent: Share all pertinent information, even if you believe it could harm your application. It’s wiser to be candid and truthful than to face accusations of misrepresentation.
Consequences of Spousal Sponsorship Refusal
If your spousal sponsorship application is refused, you will receive a letter from IRCC explaining the reasons for the refusal. You may have the option to appeal the decision to the Immigration Appeal Division (IAD) of the Immigration and Refugee Board (IRB), but this is only possible in certain circumstances (e.g. if the sponsored person is in Canada with valid status).
Preparing a strong and complete application is essential to avoiding refusal. If you are unsure about any aspect of the spousal sponsorship process, our immigration experts at Jane Katkova & Associates would be more than happy to assist you and your partner with your Spousal Sponsorship case. With many spousal sponsorship cases under our belts, we can ensure that your case is consistent and thoroughly reviewed, ensuring confidence in getting approval from the IRCC
