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Understanding why IRCC refuses spousal sponsorship applications is the first step to avoiding costly delays, emotional setbacks, or the need for appeals. Learn the five most common refusal reasons and how to strengthen your application from the start.

 

1. Why IRCC May Think Your Relationship Is Fake, Section 4 IRPR Explained

One of the most common reasons for spousal sponsorship refusals by IRCC is the determination that the relationship is not genuine or was entered into primarily to gain immigration status. Section 4(1) of the Immigration and Refugee Protection Regulations (IRPR) states that a foreign national shall not be considered a spouse, common-law partner, or conjugal partner if the relationship was initiated in bad faith, which essentially means that it was either not genuine or was established mainly to acquire a benefit under the Act.

While this provision aims to prevent immigration fraud, it may also inadvertently impact genuine couples whose circumstances raise suspicion if not properly explained or documented. For instance, in countries like India, where caste considerations still play a significant role in marriage arrangements, couples may marry without parental approval. If the wedding ceremony was small or conducted without family present due to social pressures, this can raise red flags for IRCC, especially when such cultural nuances are not clearly explained in the application.

Similarly, in arranged marriages, which are common in South Asian cultures, the couple may have limited prior communication or interaction before marriage. This can lead to insufficient documentation demonstrating the development of the relationship, prompting IRCC to question its legitimacy.

To avoid these pitfalls, it is critical to work with an immigration professional who understands cultural contexts and can help you proactively present your relationship in a way that meets IRCC’s evidentiary standards.

 

2. Sponsor Living Outside Canada? Here's Why Intent to Return Matters

A common reason spousal sponsorship applications are refused is when the sponsor is not currently living in Canada and fails to show a clear intent to return. This situation typically applies to Canadian citizens living abroad, such as in the U.S. or other countries.

Under Section 130(2) of the IRPR, a Canadian citizen may sponsor a spouse from outside Canada, but only if they can convince IRCC they will return to Canada once their partner becomes a permanent resident. Permanent residents, on the other hand, must be physically in Canada to sponsor. If the application lacks solid evidence, like a job offer in Canada, a signed lease, or school enrolment for children, the immigration officer may find the intent to return insufficient, leading to a refusal.

To prevent this, sponsors should include specific, verifiable plans that show they are preparing to settle in Canada. A well-prepared application with supporting documents can make a significant difference.

 

3. Lack of Communication or Weak Proof of an Ongoing Relationship

A significant cause of spousal sponsorship refusals in Canada is the inadequate demonstration of ongoing communication between the couple, especially in long-distance relationships. From both a legal and practical perspective, it is expected that couples who are genuinely committed, yet separated by borders, to maintain regular, meaningful contact.

Under IRPR, if there is little to no evidence of communication, or if the documents submitted fail to show the development and continuity of the relationship, officers may conclude that the marriage was entered into in bad faith or is not genuine. Common issues include submitting only a few chat logs or call records without context or providing photos that don’t illustrate a meaningful timeline. If the couple has had limited communication due to language barriers, financial constraints, or other personal circumstances, it is critical to explain this clearly in a Submission letter.

IRCC officers look not only at the presence of documents, but also at how well those documents tell the story of the relationship. A weak narrative or unexplained gaps in communication can raise doubts, even in real relationships.

 

4. Misrepresentation or Withholding Information Can Lead to a 5-Year Ban

One of the most serious grounds for refusal in a spousal sponsorship application is misrepresentation, either through false information or failure to disclose material facts. According to Section 40 of the IRPA, an applicant may be found inadmissible if they directly or indirectly misrepresent or withhold information that could lead to an error in the administration of the Act.

This includes anything from omitting previous marriages, hiding inadmissibility issues, or making false declarations about the relationship or personal history. When IRCC suspects misrepresentation, the officer will issue a Procedural Fairness Letter (PFL), allowing the applicant to respond before a final decision is made. If not addressed thoroughly and convincingly, misrepresentation may result in a refusal and a 5-year ban on applying for any immigration benefit. In some cases, the sponsor may also come under investigation.

Because of the high stakes, every detail in the application must be truthful, consistent, and supported by documentation. If a PFL is issued, responding with the guidance of an experienced immigration professional may make all the difference between approval and long-term consequences.

 

5. Unusual Relationship Dynamics May Trigger Credibility Concerns, Even in Genuine Marriages

Not all spousal relationships follow a conventional path, and that’s entirely normal. But when a couple’s story doesn't align with what an IRCC officer expects to see, it may raise doubts about the relationship’s credibility, even if it’s completely genuine.

In many parts of the world, including India, factors like inter-caste marriage, inter-religion unions, elopement without family involvement, or significant socio-economic differences between spouses can make a relationship appear unconventional. These cultural dynamics, if not properly addressed and explained in the application, may be misinterpreted as signs of a relationship entered into for immigration purposes, potentially leading to a refusal under.

To mitigate this risk, the representative or applicant must analyze the relationship through the lens of Canadian immigration Law. A skilled immigration professional can help identify potential red flags and frame the relationship story in a way that both honours its uniqueness and satisfies IRCC’s evidentiary requirements.

 

Disclaimer:
This article is intended for informational and educational purposes only and does not constitute legal advice. The views expressed are those of the author and are based on personal/ professional experience and publicly available sources at the time of writing. Readers should consult official IRB documentation or seek qualified legal counsel for case-specific guidance. The author assumes no liability for actions taken based on the content of this article.

Have questions or need guidance?
Feel free to contact me directly for further discussion or support.
Name: Harpreet Singh 
Contact: Book a consultation at https://www.mggimmigration.com/#contact
WhatsApp text: +16478714537

 

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