Some Canadians are of the opinion that, if they marry a foreigner, they automatically can bring them into Canada with a ready permanent resident status. It is not quite the case. Immigration in general is a privilege, not a right. Since Canadians are of the wrong opinion on the rights of their foreign spouses, they very often omit to provide the immigration authorities with a complete and convincing evidence of their relationship. They are persuaded very often that it is an immigration official to satisfy themselves on evidence of marriage, and not of the applicants. That arrogant approach to an application to sponsor leads to inevitable refusal. Sometimes, an immigration official unfairly treats applications by rejecting genuine spouses.

The solution to this problem is an appeal to the Immigration Appeal Division (IAD) where both spouses are given an opportunity to present their cases de novo meaning that the IAD adjudicator may re-assess the evidence that was presented initially to the immigration officer and grant relief.

Each marriage is unique and different and sometimes couples cannot demonstrate their commitment to each other as spouses, especially if they are separated physically. I would advise for couples who are unable to present the adjudicator with proof of their commitment (such as financial support, joint property, life insurance with their names as beneficiaries, etc.) not to be discouraged. If you know that you are a genuine couple, there are always ways to satisfy the adjudicator. For example, if you don’t have joint property, you can present with the evidence of extensive communication; if you had a marriage registration but no reception because of lack of financial ability, explain it by presenting the panel with proof of your poor financial state.

What are common questions that are asked at the appeal hearing? It is the questions that relate to finding out how well spouses know each other. Do you know about your spouse’s family and relatives? Did you and your spouse meet in person each other’s family members? Do you know where your spouse works? What do you, as an applicant, know about life in Canada? How well do you know about your spouse’s interests and hobbies? Whether or not you visit each other during the time of waiting for finalization of your sponsorship application? What are your plans, as an applicant, in Canada when you relocate here? What would you do if the application is refused? The main goal in questioning of the spouses is to find out whether or not it entered primarily for the purpose of immigration or not.



Refusals on sponsorship applications of spouses, common-law and conjugal partners

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