Why Spousal Sponsorship Applications Get Denied in Canada?

By Mohsenkhorvash Uncategorized 0 Comments

Why Spousal Sponsorship Applications Get Denied in Canada

As a licensed immigration lawyer and RCIC-IRB with years of experience handling immigration cases, I have seen many spousal sponsorship applications succeed—and many get denied. This article explains the most common reasons for refusals and provides recent real-life examples based on case law, helping you avoid common pitfalls.

1. Misrepresentation: Giving False or Incomplete Information

One of the most serious reasons for refusal is misrepresentation—giving false or incomplete details in the application. Even small mistakes can lead to rejection, especially when it comes to past marriages.

For example, in one case, a man applied to sponsor his wife but left out details about a previous marriage. He had mentioned it in an earlier visa application, but this time, he didn’t include it. When the immigration officer noticed the inconsistency, they rejected his application. Even though he later provided a divorce certificate, officials questioned its validity, and his appeal was denied.

In another case, a man claimed he had never been married before. However, a marriage certificate was later found showing otherwise. He said he didn’t mention it because he didn’t want to talk about his past, but immigration officers saw this as an attempt to hide the truth. The application was refused.

Lesson: Always be truthful and consistent in all forms and documents. Even if a detail seems minor or personal, leaving it out can create serious problems.

2. Invalid Foreign Divorces

For a sponsorship to be approved, any past marriages must be legally ended in a way that Canada recognizes. Immigration officers look at:

Where the divorce took place
Whether at least one person lived in that country for a year
Whether the process was fair and legal

In one case, a man had been living abroad for years but got divorced in his home country, where he had no real ties. His ex-wife may not have even known about the divorce. Canada didn’t recognize this divorce as valid, which meant that in Canada’s eyes, he was still married to his first wife. Because Canada does not allow someone to sponsor a spouse while still legally married to another person, his sponsorship application was denied.

Lesson: If you’ve been divorced outside Canada, make sure your divorce meets Canadian legal standards. If it’s not recognized, your new marriage may not be valid for sponsorship.

3. Marriages for Immigration Purposes

Canada does not approve sponsorships if the relationship seems fake or arranged mainly for immigration benefits. Officers look at:

How and when the couple met
Whether they communicate regularly
Family involvement in the wedding
Financial support and shared responsibilities

In one case, a couple’s application was refused because they had no wedding photos, gave different stories about how they met, and didn’t share any financial accounts. The sponsor had also previously entered a “paper marriage” to help someone immigrate, which raised suspicions. The officers believed this was another fake marriage, and the application was denied.

On the other hand, another couple had a big age difference and married quickly after meeting. However, they had strong proof of their relationship: regular messages, a wedding attended by family, and financial support. Immigration officers accepted their application because there were no signs of fraud.

IRCC also watches for:

Private or rushed ceremonies with no family present
Wedding photos only in tourist locations (e.g., Niagara Falls)
Couples not living together after marriage
A history of previous suspicious marriages

Lesson: If your relationship is real, gather strong proof like messages, photos, financial ties, and family involvement.

4. Sponsor Not Planning to Live in Canada

A sponsor must prove they will live in Canada when their spouse arrives. IRCC checks:

Whether the sponsor owns property or has a job in Canada
Any steps taken to move back (selling property abroad, securing a job, etc.)

In one case, a man was living outside Canada while trying to sponsor his wife. Although immigration officers believed the marriage was real, they rejected the application because he had no home, job, or strong connection to Canada. He hadn’t taken any steps to return, and his appeal was denied.

Lesson: If you’re sponsoring a spouse, be ready to prove that you plan to live in Canada. Having a home, job, or strong ties helps.

5. Lack of Honesty During the Process

Even if a person doesn’t outright lie, giving unclear or inconsistent answers can raise red flags. Officers will cross-check information and may call applicants for interviews to verify details.

In one case, an applicant repeatedly denied having a past marriage, even when asked multiple times. When immigration officers presented proof, he finally admitted it. This made it look like he was deliberately hiding information, and his application was rejected.

Lesson: Always be upfront and truthful. If an officer gives you a chance to explain something, take it seriously.

6. How IRCC Decides and What Cases Show

Immigration officers look at the whole picture, checking how the couple met, how much time they spend together, and whether they know each other well. IRCC training materials and its website outline specific warning signs, such as:

No kissing in wedding photos
Repeated locations for photos
A lack of shared daily life

These factors help officers detect fake relationships.

For example, in one case, a couple lived together and had financial ties, but their sponsorship was denied because the sponsor had no clear plan to return to Canada. This highlights IRCC’s strict requirement that sponsors must intend to reside in Canada.

In another case, officers noticed that the couple gave rehearsed answers and contradicted themselves in interviews. This made their relationship seem staged, leading to a refusal. Trust and authenticity are crucial in these cases.

IRCC also examines why the marriage happened. In one case, a past visa application contained incorrect information, which raised suspicions that the marriage was motivated by immigration rather than genuine love. This aligns with IRCC’s warnings that some individuals use fake marriages to extend their stay in Canada or to bring other family members.

To counter these suspicions, applicants need to provide strong evidence, such as:

Continuous communication (messages, calls, emails)
Financial ties (joint accounts, shared expenses)
Support from family and friends (letters, wedding participation)

Lesson: IRCC carefully reviews the entire relationship, including past visa applications, financial ties, and interview responses. To avoid refusals, couples must demonstrate a genuine and well-documented relationship.

How to Improve Your Chances of Approval

Be 100% honest in all forms, interviews, and supporting documents.
Ensure past divorces are valid in Canada.
Provide strong proof of a genuine relationship (messages, joint accounts, wedding photos, family involvement).
Have a clear plan to live in Canada as a sponsor.

By avoiding these common mistakes and providing solid evidence, you can improve your chances of a successful spousal sponsorship application.

Disclaimer

This article provides general legal information and does not constitute legal advice. Each immigration case is unique, and decisions are based on the specific circumstances of the applicant. If you need personalized guidance on your spousal sponsorship application, we are here to help.

For expert advice on your case, contact us today.

References:

Why Spousal Sponsorship Applications Get Denied in Canada?