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Why Was Your Spousal Sponsorship Application Refused?

The family unit is one of the most stable and universally recognized of social structures. Though it has undergone enormous changes, it has managed to remain a viable and functioning unit.

One of the most important pillars of Canada’s immigration policy is family reunification. This was reiterated by the then Minister for IRCC, John McCallum when he said, “I think people are more productive citizens, they do better overall when they’re with their families than when they’re isolated from their families.”

Immigration is something that’s usually undertaken to enhance the economic and social status, or it may be a choice made to escape from religious or political oppression, to explore better career and educational opportunities and to get the benefits of a more open, free and emerging environment. Families are willing to take risks to ensure a better life.

The Family Class immigration program facilitates sponsorship of eligible members of a permanent resident’s/Canadian citizen’s family to immigrate to Canada. The intention of the spousal sponsorship immigration program is to help families to be stable, so that they function better socially, emotionally and economically.

However, the process can be quite challenging and time-consuming, with a large amount of complicated paperwork. In case there are errors or gaps, your application can be refused. Reapplying is tedious and expensive. That’s why it’s important to ensure that your initial application is in order and it goes through swiftly and smoothly.

Common Errors

When you have achieved permanent residence or citizenship in Canada, it’s only natural that you would like family members to join you. Though Family Class applications receive high priority, the process can take as long as two years. At any stage, spousal sponsorship can be refused.

Before filling the application, it’s wise to get as much information as possible, because the regulations are subject to frequent changes, amendments, revocations, etc. There may be changes in eligibility conditions, deadlines, documentation requirements etc. An experienced, well-established, reputed immigration consultant can provide the right advice and assistance.

In the past few years, many fraudulent applications have been detected and certain revisions have been made in the policies. Scrutiny and documentation have become more strict.

Reasons for refusal may include:

  • Ineligibility: failing to understand all the conditions of eligibility to be a sponsor or person being sponsored
  • Filling in an outdated/wrong version of the application form
  • Being a permanent resident living outside Canada
  • Confusion about inland or outland class
  • Sponsor and immigrant spouse should have lived together for at least two years
  • Sponsors who were themselves sponsored by a family member should have permanent resident status for at least 5 years before sponsoring another family member
  • Taking financial assistance from the government other than for disability. This includes loans
  • Failure to support someone whom you sponsored earlier
  • Defaulting on immigration loan
  • Mistakes and misrepresentation on application form: both accidental and deliberate
  • Failure to provide convincing evidence that your marriage is genuine and not a sham one undertaken for the purpose of immigration

Remember that even if you face a refusal, you can appeal with the help of an experienced immigration consultant.