Visa Time Immigration - Spousal Sponsorship

Preparing a Spousal Sponsorship application to avoid a refusal

The application process for the Spousal Sponsorship is an overpowering and time consuming task. For the majority, it is immensely administrative, but it can also be overwhelming and difficult should a case not be straight-forward (previous marriages, arranged marriages, marriages less than 2 years, children from previous marriages, common-law relationships). Additionally, the spousal applications are typically between 120 - 150 pages, after including all government forms and associated evidentiary documents. It can be as many as 200 pages if documents need to be translated.

When it comes to evaluating applications and granting approvals, the Canadian government has become increasingly harsh. There has been an extending number of fraudulent applications from people who are using the Spousal Sponsorship application process to acquire permanent residence illegally. This has made it difficult to prepare a strong application that will be accepted without issues. Usually, when individuals try to apply by themselves, the application is weak and the visa officer is not convinced of the genuineness of the relationship. For this purpose, they will either request an interview for both individuals, issue a procedural fairness letter requesting more proof with further explanation, or an outright rejection. Furthermore, about 40% of the clients Visa Time Immigration retains is after a refusal when they apply on their own.

What if my Sponsorship application is refused?

For the great number of refusals, the IRCC is mostly to blame. The truth is, the IRCC post forms online with instructions on the process, giving the impression that the process is simple and that it can be completed by yourself. However, only after starting the process on your own and having the application returned or refused, will a person comprehend the complexity involved. If an application is given back for using outdated forms, or for being incomplete, it will setback the process by 2 to 3 months. Sadly, if an application is rejected, PR will not be granted for more than 2 years. In case the application was an Outland application, and your spouse comes from a non visa-exempt country which requires a TRV visa to travel to Canada, they will not be able to travel to Canada for at least 2 years, except if they already have a TRV visa. The IRCC will not accept a TRV visa, after a refused spousal application.

Individuals should consider retaining a lawyer to aid with the application process, as there are numerous advantages. When selecting an immigration consulting firm to retain, there are 3 major considerations and criteria an individual need to factor in when making a decision.

Unfavourable Outcomes

Application is returned: Generally, if an application was not complete, CPC-M will give back the application after 2 to 3 months. In case the application was filed Inland, and an individual is depending on implied status through the OWP (Open Work Permit) being approved, they will fall out of status as the work permit will not be processed. In case the individual has been out of status for 90 days or less, they can apply for Restoration of Status and resubmit the Spousal application. They will need to leave the country, if 90 days has gone by since falling out of status.

In person interviews: The truth is, people usually get anxious and act suspicious, or they answer questions incorrectly (this usually happens to all). The visa officer will take comprehensive notes of the interview and will refuse the application after the interview, if they are not persuaded.

Procedural Fairness letter: Immigration, Refugees and Citizenship Canada (IRCC) will send a Fairness Letter, asking for supplemental information. It is vital to provide a comprehensive submission letter, along with poof that will support the application. Unfortunately, failure to do so will result in a refusal. In case you find yourself in cases like this, it is highly recommended to retain professional aid to help prepare a response.

Refusal: There are no rights to an appeal, if an Inland Spousal application is refused (as there are with Outland applications). Please note that if an application is refused, the individual in the country will no longer have status. The only possibility would be to retain a firm to file a Judicial review on the original application or give in a new application. A Judicial Review process will take in between 6 to 12 months, plus up to 6 supplementary months for IRCC to process the application. In case the application was an Outland application, an appeal can be filed with the immigration appeal division (IAD) and a hearing date will be arranged to be held in 1.5 to 2 years. During this period, your spouse will not be able to travel to Canada, except if they already have a valid TRV. If the individual does not have a valid TRV, the IRCC will not issue a TRV after a refused sponsorship application.

Proving the genuineness of a relationship

It is critical to note that the IRCC inspects closely the genuineness of every relationship to make sure the applicant is not committing marriage fraud in order to immigrate. In case the officer is not convinced the marriage is authentic, they will reject the application and can prohibit the sponsored spouse for 5 years from entering the country for Misrepresentation.

The IRCC takes into consideration certain criteria when assessing applications:

Reasons for returned applications (3 month delay)

Other potential Issues:

Spousal Sponsorship - Refused Application

Unfavourable Outcomes

Proving the genuineness of a relationship