Spousal Sponsorship Refused in Canada? Appeal with Expert Help

If your spousal sponsorship application was refused in Canada, you are not alone. Many families face this heartbreaking situation, but a refusal does not always mean the end of the process. With the right legal guidance, you may be able to appeal the decision to the Immigration Appeal Division (IAD) or reapply with a stronger case. This article explains the most common reasons for spousal sponsorship refusals, how to strengthen your application, and how Apuntar Legal Services can help you succeed.

Common Reasons for Spousal Sponsorship Refusals in Canada

Immigration, Refugees and Citizenship Canada (IRCC) carefully reviews spousal sponsorship applications to confirm that the marriage or relationship is genuine. Some of the most frequent reasons for refusal include:

• Lack of evidence of a genuine relationship (few shared documents, limited communication, or no proof of cohabitation).

• Inconsistencies in forms or interviews, such as conflicting answers about relationship history or personal details.

• Concerns about a marriage of convenience, where IRCC suspects the marriage was entered into primarily for immigration purposes.

• Sponsor’s ineligibility, which may result from criminal history, past sponsorship undertakings, or financial issues.

• Incomplete or incorrect application forms, including missing signatures, documents, or fees.

How to Strengthen a Spousal Sponsorship Application

Whether you are appealing a refusal or preparing a new application, it is essential to build a strong and well-documented case. Here are some ways to strengthen your spousal sponsorship file:

• Provide extensive relationship proof: Photos, joint financial accounts, shared leases, travel records, communication logs, and affidavits from friends and family.

• Ensure consistency: Double-check that all forms, statements, and documents match your spouse’s answers.

• Explain cultural or financial barriers: If limited visits, language differences, or arranged marriage traditions exist, explain them clearly with supporting evidence.

• Stay organized: A clear, complete, and well-structured application improves credibility and reduces the risk of refusal.

Case Law: Kaur v. Canada (Citizenship and Immigration), 2019 FC 1321

The Federal Court case Kaur v. Canada (2019 FC 1321) is a leading example of how sponsorship refusals must be assessed fairly. In this case, the immigration officer refused the sponsorship, claiming the marriage was not genuine. The officer relied heavily on the couple’s limited time together and cultural differences, while ignoring strong evidence such as communication records, financial support, and family involvement.

The Court ruled that the officer’s decision was unreasonable because they failed to consider the totality of the evidence. The case was returned for reconsideration by another officer.

Key Takeaway: Genuine marriages cannot be dismissed simply because of cultural practices, limited physical meetings, or financial challenges. Officers must evaluate all available evidence.

Practical Tips for a Successful Spousal Sponsorship Appeal

If you are appealing your refusal to the Immigration Appeal Division (IAD), preparation is key. Here are some practical tips:

• Be honest and consistent: Testimony from both the sponsor and applicant must align with documents and past statements.

• Submit updated documents: Provide recent communication logs, financial transfers, and new photos to show ongoing commitment.

• Use witnesses if possible: Family and friends who can speak to the authenticity of your relationship can strengthen your case.

• Prepare cultural explanations: Be ready to explain customs, traditions, or challenges that may seem unusual to IRCC.

• Remain professional: Show sincerity and respect throughout the appeal process.

How Apuntar Legal Services Can Help With Sponsorship Refusals

At Apuntar Legal Services, we specialize in helping families overcome sponsorship refusals. Our team provides:

• Detailed case reviews: We analyze your refusal letter to identify why IRCC rejected the application.

• Appeal preparation and representation: We prepare strong evidence packages, legal arguments, and represent you at the IAD.

• Strategic advice: In some cases, filing a new sponsorship application may be better than appealing. We help you decide the best path.

• Ongoing support: From start to finish, we stand by you to give your family the best chance of success.

Final Thoughts

A refused spousal sponsorship application in Canada is painful, but it is not the end of your dream to reunite with your loved one. Many families succeed on appeal or through a stronger reapplication. With professional support, your chances of success improve significantly.

Contact Apuntar Legal Services today to learn how we can help you appeal your spousal sponsorship refusal and bring your family together in Canada.