5 Common Mistakes That Will Get Your Spousal Sponsorship Refused (and How to Avoid Them)

Applying for spousal or common-law sponsorship in Canada should be an exciting step toward reuniting with your loved one. However, the process is complex, and a single mistake can lead to a heartbreaking refusal or a returned application (incomplete), causing months of delays and emotional strain. At Lerom Law, we've helped many couples navigate this journey successfully, and we want to ensure you avoid common pitfalls that could jeopardize your future together.

This guide will walk you through the most common reasons for spousal sponsorship refusal and how you can build a stronger application from the very beginning.

Feeling overwhelmed? You're not alone. The spousal sponsorship process is complex, but we can make it simple. Book a consultation today to get clarity on your case.

‍Mistake #1: Failing to Prove Your Relationship is Genuine

The most common reason for refusal is that the immigration officer is not convinced your relationship is genuine. Under Canadian immigration law, a relationship is considered "bad faith" if it was entered into primarily for immigration purposes. Section 4(1) of the Immigration and Refugee Protection Regulations (IRPR) describes “bad faith” marriage as follows:

For the purposes of these Regulations, a foreign national shall not be considered a spouse, a common-law partner, or a conjugal partner of a person if the marriage, common-law partnership, or conjugal partnership:

(a) was entered into primarily for the purpose of acquiring any status or privilege under the Act; or

(b) is not genuine.

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An officer will scrutinize every aspect of your relationship to look for red flags. They will assess factors such as:

• How the relationship developed
• The intent of all parties to the marriage
• The length of the relationship and time spent together
• Conduct at the time of the meeting, engagement, and/or wedding
• Behaviour subsequent to the wedding
• The level of knowledge of each other’s relationship histories
• Levels of continuing contact and communication
• The provision of financial support
• The knowledge of and sharing of responsibility for the care of children brought into the marriage
• The knowledge of and contact with the extended families of the parties
• The level of knowledge about each other’s daily lives

How to Avoid This Mistake: Your application must tell a compelling and detailed story of your relationship, supported by strong evidence. This includes photos, communication logs, joint bank accounts, and letters of support from friends and family.

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Mistake #2: Submitting an Incomplete or Incorrect Application

A returned application isn't a refusal, but it causes significant delays. Your application will be sent back if it's incomplete, and you will lose your place in the processing queue. The most common reasons for returned applications are:

• Using Outdated Forms: IRCC updates its forms regularly. Always double-check that you are using the most recent versions before submitting.
• Leaving Questions Blank: Never leave a question blank. If a question doesn't apply to you, write "N/A" or "Not Applicable."
• Missing Documents: Follow the document checklist for your specific country and application type. Ensure all photocopies are clear and that any documents in a foreign language are accompanied by a certified translation.
• Stale-Dated Forms: If you sign your forms more than 90 days before IRCC receives them, your application may be returned.
• Confusing Terms: Misidentifying the "sponsor" and the "principal applicant" can lead to incorrect answers on the forms.

How to Avoid This Mistake: Meticulous organization is key. Create a checklist and review every form and document multiple times before submission.

Mistake #3: Being Unprepared for the Sponsorship Interview

If an officer has doubts, they may schedule a sponsorship interview to question you and your partner. An interview is more likely if:

• You have been married for less than two years.
• It is not the first marriage for either of you.
• There are inconsistencies in your application.
• The supporting documents are insufficient.

‍How to Avoid This Mistake: Do not underestimate the interview. The officer will ask detailed questions about your relationship, your daily lives, and your knowledge of each other. Being unprepared can lead to a refusal.

Mistake #4: Mishandling a Fairness Letter

If an immigration officer has concerns about your application, they may send you a "Procedural Fairness Letter." This is not a refusal, but it is a critical warning. It's your opportunity to address the officer's specific concerns before they make a final decision.

Ignoring a fairness letter or providing a weak response will almost certainly lead to a refusal.

‍How to Avoid This Mistake: Take any communication from IRCC very seriously. A fairness letter requires a detailed, well-supported response that directly addresses each of the officer's points. The deadline to respond is usually short, so you must act quickly.

Mistake #5: Not Knowing Your Options After a Refusal

A refusal is devastating, but it may not be the end of the road. Your options depend on whether you applied from inside Canada (inland) or outside Canada (outland).

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How to Avoid This Mistake: Understand your appeal rights and act quickly. The deadlines for appeals and judicial reviews are strict. It is highly advisable to consult an immigration lawyer to determine the best course of action.

Don't Leave Your Future to Chance

Reuniting with your partner is too important to risk. At Lerom Law, we provide the expert guidance and personalized support you need to navigate the spousal sponsorship process with confidence.

"Lena Levtsun's work is outstanding. She helped us throughout the entire process of applying for a spousal sponsorship visa. On top of being very responsive, she is very efficient and easy to work with, and she provided attentive support during the application. We developed a trusting relationship. The work done by Lena and the rest of the legal team was highly detailed oriented and thorough, which guided us to success. We are very thankful we could work with a lawyer with experience and expertise in Canadian immigration. We had such a great experience with Lena; we totally recommend her to anyone trying to immigrate to Canada."

- Alexia Stutz, Switzerland

If you're ready to start your spousal sponsorship journey on the right foot, we're here to help.

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