immigration
Spousal Sponsorship Refusals
02 October, 2025
Immigration, Refugees and Citizenship Canada (IRCC) frequently rejects spousal sponsorship applications due to incomplete submissions, resulting in a refusal to process and the return of the application. An application is considered incomplete if essential forms or documents, such as marriage certificates, birth certificates, police certificates, or other proof of the relationship, are missing. Missing or incorrectly formatted signatures on the forms are common reasons for refusal and return of spousal sponsorship applications.
Another cause for refusal is the Canadian sponsor's failure to meet the minimum requirements for spousal sponsorship. To qualify as a sponsor, one must be at least 18 years old and either be a Canadian citizen, residing in Canada or abroad, or a Canadian permanent resident residing in Canada. Sponsors must have the ability to financially support themselves, their spouse, and any additional dependents.
The sponsored person (the applicant) may also be refused if they do not meet the basic requirements for sponsorship. This includes being in a qualifying relationship with the sponsor (legally married, in a common-law relationship, or in a conjugal relationship). IRCC will refuse the application if they suspect it is a "marriage of convenience" entered primarily to obtain permanent residence status. Concerns are heightened if there are red flags in the relationship, such as significant differences in age, education, or economic status between the partners.
Regardless of the relationship details, if the sponsored person is found to be inadmissible to Canada (e.g., due to a criminal record, failing security screening, or having a health issue that poses a danger to public safety), they may be denied permanent residency based on these grounds. In these instances, refiling the application with a humanitarian and compassionate request may be required to overcome the inadmissibility.
What are the most common reasons for refusal of a spousal sponsorship application?
The most common reasons for refused spousal sponsorship applications include:
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Incomplete ApplicationIf essential documents like birth certificates, police certificates, or supporting documentation are missing, IRCC will refuse to process and send back the application without allowing submission of missing items later.
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Problems with the FormsSubmitting outdated forms or having missing or incorrectly formatted signatures can lead to refusal and return of the application as IRCC’s forms are frequently updated.
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Marriage of Convenience SuspicionsIf IRCC suspects the relationship was entered primarily for immigration purposes or fraudulent activity, they will refuse the application. This suspicion is higher in countries where immigration fraud is more prevalent.
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Unconvincing Proof of Relationship DocumentationSponsors and applicants must demonstrate they have a genuine relationship. If the provided documentation does not satisfy an officer, the application will be refused. This is one of the most common reasons for a refusal.
What can I do if my spousal sponsorship application was refused?
If your spousal sponsorship application was refused, you may submit a new application. Addressing the initial refusal reasons is generally the best approach.
To effectively address refusal reasons, fully understand them before submitting a new application. Our advice includes:
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Understand the refusal letterCarefully review the refusal letter to comprehend specific reasons for refusal. Request detailed refusal reasons through an Access to Information and Privacy request and review the response thoroughly.
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Address DeficienciesEnsure all required documents are included in the new application. Verify eligibility criteria before submitting, providing sufficient documentation to support the case.
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Provide Additional Evidence and ExplanationOffer more compelling evidence to prove the authenticity of your relationship if refusal was based on insufficient proof. A well-written explanation letter, along with ample documentation, can help overcome a refusal.
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Submit a Complete ApplicationMake sure the new application is complete and accurate in all areas. Use the latest document checklist and forms, as instructions may have changed since the initial application.
Appealing a Refused Spousal Sponsorship Application
If your spousal sponsorship application was refused and filed under the Out of Canada Sponsorship stream, you can appeal before the Immigration and Refugee Board, Immigration Appeal Division. There is no appeal right for In-Canada Sponsorships.
If the refusal was due to an error by IRCC rather than an application deficiency, an appeal may be the advisable route to follow. Legal assistance will likely be required to make this determination.
How Can I Avoid a Refusal of my Spousal Sponsorship Application?
To maximize the chances of success and prevent refusal, we recommend:
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Understand Eligibility Criteria:Familiarize yourself with eligibility requirements for both the sponsor and the sponsored spouse. Ensure the relationship meets requirements at the time of submission.
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Thoroughly Complete Application FormsAccurately and completely fill out required forms, ensuring all necessary signatures are provided.
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Communicate ChangesNotify IRCC of changes in circumstances, such as address, marital status, or family members, to prevent misrepresentation and ensure accurate processing.
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Provide Comprehensive DocumentationProvide a broad range of documentary evidence showcasing the genuineness of your relationship, beyond the minimum requirements indicated in IRCC’s document checklist.
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Seek Professional Advice
The Law Office of Kalina & Tejpal can assist with determining how to proceed when a spousal sponsorship application is refused. Contact us at (416) 900-6999 or 1 (844) 268-6477.
Tags: Immigration, spousal
