March 14, 2023, Ottawa: The new Immigration levels plan 2023-2025, Canada aims to reunite more than 240,000 couples via spousal sponsorship.
IRCC has a service standard of processing 80% of the spousal sponsorship applications within 12 months. However, IRCC has not yet recovered from the pandemic backlog completely. The current processing time for inland spousal sponsorship is 13 months; outland is still 16 months.
Spousal sponsorship is designed to reunite couples allowing them to live together permanently in Canada. Furthermore, there is no education or language proficiency requirement for spouses. However, the application must be genuine, and the applicant must present all the documentation accurately to prove it so.
Though all the applicants proceed cautiously, many still get refusal due to one reason or another.
The following 10 common refusal reasons can be avoided to ensure that an application is not rejected due to one of these.
1. Inadmissibility:
Applicants found inadmissible due to criminal or medical reasons can have their sponsorship application refused.
For e.g., if the spouse has had a DUI (Driving Under the Influence) conviction in their home country, they might be considered criminally inadmissible.
> Criminal Inadmissibility
> Medical Inadmissibility
2. Lack of Genuine Relationships:
The application may be denied if the immigration officer feels that the connection between the sponsor and the sponsored spouse is not real or was entered into for immigration purposes.
Ironically, many spousal sponsorship applications get rejected because their application fails to establish a genuine relationship. As a result, they have to then appeal the refusal which can take some time to get through. Long appeal durations have also taken toll onto the breakdown of relationship for many families.
So, it is always advisable to submit your application upfront with full strength.
3. Misrepresentation:
The application may be declined if the sponsor or sponsored spouse gives incorrect information or misrepresents oneself throughout the application procedure. Lying or sending false information or documents to Immigration, Refugees, and Citizenship Canada (IRCC) is a severe offence.
Furthermore, some applicants unknowingly may provide incorrect date or just an estimated date. If IRCC finds out that it is incorrect, then that applicant falls under misrepresentation. Even if your unauthorized agent or consultant fills out incorrect information due to a clerical error, then also applicants are considered to be misrepresenting on their application.
4. Insufficient supporting documents:
Failure to provide sufficient or suitable supporting documentation, such as marriage certificates, pictures, and shared financial records, might result in a denial.
Additionally, even a slight doubt of forged document (even if they are original) due to inconsistencies can result in refusal of spousal sponsorship. Always remember, onus is on the applicants to prove that their relationship is genuine by providing strong paperwork which is consistent with each other.
5. Unsatisfactory Financial support:
The sponsor must show that they have enough money to support their spouse once they arrive in Canada. If they do not give appropriate financial support proofs, the application may be denied.
This can be in the form of pay stubs or balance in the saving account.
Always remember sponsoring spouse has 3 years of financial obligation and immigration officer do assess the financial situation of the sponsor.
6. Providing Inconsistent Answers in Interview:
Immigration officer may call some sponsored spouses for an interview to clear out the doubts in application or just to establish if relationship is genuine. This is a good chance for the sponsored spouse to satisfy the officer by provided correct and accurate answers.
Remember lies are always caught based on the answers that you provide or may result in inconsistencies. In interviews, officer expects you to know almost all the details of your spouse including important dates and background.
7. Not Declaring all the dependents:
It is important to declare all the dependents on the application. Furthermore, always declare your non-accompanying family members on family information form accurately.
The application may be denied if the sponsor fails to declare all of their dependents in their application or if their financial assistance is judged insufficient for all dependents.
8. Proof of Residency:
The sponsor must be a Canadian citizen or permanent resident of Canada. Furthermore, they should be residing in Canada to submit a sponsorship application.
If they are unable to show adequate proof of residency, their application could be refused.
9. Previous Sponsorship Defaults:
If a sponsor has previously failed to fulfil a sponsorship commitment, they may be judged ineligible to sponsor again.
Furthermore, the spouse cannot sponsor their partner if the previous sponsorship undertaking has not ended.
10. Incomplete Application
Always remember that an application can also be refused if the application form is incomplete, the required fees are not paid, or sufficient information is not provided.
Immigration officers always have the discretion of refusing an application, or they may ask for additional documents. So, submit your application cautiously, ensuring you are not leaving out any information.
