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Read MoreRefused spousal sponsorship: what the letter says and how an IAD appeal answers it
Many spousal, common-law and conjugal partner sponsorships are refused because the couple filed on their own and sent the papers they happened to have, rather than the proof an officer looks for. A common belief is that marrying a Canadian leads straight to permanent residence. It does not: the couple has to show the relationship, and the officer decides only on what is in the file.
When the partner applied from outside Canada, the sponsor can usually appeal the refusal to the Immigration Appeal Division (IAD) of the Immigration and Refugee Board. That appeal is a fresh hearing. A Member listens to both partners, accepts evidence the officer never received and makes a new decision under section 67(1) of the Immigration and Refugee Protection Act (IRPA): the refusal was wrong in law or fact, natural justice was not observed, or humanitarian grounds justify special relief.
Find the line in your refusal, then the proof it calls for
The officer’s letter cites a provision. That provision, not the general feeling of the refusal, sets what the appeal has to prove.
| The letter says | Provision | What the appeal file needs |
|---|---|---|
| The relationship is not genuine | IRPR s.4(1)(b) | A shared life traced across time: messages from different years, dated visits, money sent between you, people who know you as a couple. |
| It was entered into mainly to gain status | IRPR s.4(1)(a) | How the relationship started and why the two of you decided to marry, with plans that would stand even without immigration. |
| The partner was not examined when the sponsor immigrated | IRPR s.117(9)(d) | The sponsor’s landing papers and forms, to test whether the partner really went undeclared. If the exclusion holds, s.65 removes humanitarian relief. |
| Misrepresentation | IRPA s.40, s.64(3) | The exact statement the officer relied on, when it was made, and whether it could have changed the decision. A spouse or partner keeps the appeal right. |
| The sponsor is barred | IRPR s.133 | Records that the bar no longer applies, for example a discharged bankruptcy or an earlier undertaking that has been repaid. |
Who holds the appeal right, and where section 64 takes it away
IRPA s.63(1) gives the appeal to the person who filed the sponsorship. Section 64 lists the refusals no appeal can reach.
The appeal is open when
- The sponsor in Canada files it; the partner abroad is a witness, not the appellant.
- The partner applied in the family class from outside Canada and was refused a permanent resident visa.
- The refusal rests on the relationship, an excluded relative, the sponsor’s eligibility, or misrepresentation by a spouse or partner.
No IAD appeal lies when
- The partner applied inside Canada, in the spouse or common-law partner in Canada class.
- The partner is inadmissible for security, human or international rights violations, or organized criminality (s.64(1)).
- The partner committed a crime punished in Canada by at least six months in prison (s.64(2)).
The clock under the Immigration Appeal Division Rules, 2022
Each step starts a new count. Keep the envelope, email or portal notice that shows when the refusal arrived.
- Day 0Refusal receivedThe count runs from receipt, not from the date typed on the letter.
- 30Notice of appealReaches the IAD with the refusal and the officer’s reasons (Rule 16(a)).
- FileAppeal recordMinister’s counsel sends the officer’s file, including the interview notes.
- 60Sponsor’s evidenceDocuments and witness details, counted from receipt of the record (Rule 26).
The first version of this article said documents go in 20 days before the hearing. That timing came from the IAD rules replaced in 2022; today the count starts from the appeal record.
When the usual proof does not exist
Couples apart for years rarely have a joint lease or a big wedding album. A Member can accept other records, provided they explain the gap.
- No shared home or property
- Partners in two countries cannot hold one address. Months of call logs, chat exports and transfers show the same commitment.
- A registry marriage with no reception
- Show why: the cost of a celebration against both incomes, or a family circumstance that ruled one out.
- Only a few photographs
- Pictures from different years, seasons and places, with relatives in them, say more than a hundred shots from one trip.
- Families have not met in person
- Calls with in-laws, gifts sent, letters from relatives on both sides, and the reason travel was not possible, such as a refused visitor visa.
- Answers at the interview did not match
- Name the difference before the Member does, and explain it with a document rather than a recollection.
- A long gap between visits
- Travel bans, job contracts, a pregnancy or a parent’s illness, each backed by the paper that proves it.
Topics a Member raises with each partner
- How and when you met, and who introduced you.
- Each family: names, jobs, and whether you have met them.
- The other partner’s work, schooling, daily routine and interests.
- How often you visited while the application was processed, and why any visit stopped.
- What the partner abroad knows about life in Canada and the plans after arriving.
- What the two of you would do if the appeal were dismissed.
Each partner answers separately. Differences between the two accounts, or between an account and the file, are where Minister’s counsel focuses.
Questions couples ask after a spousal refusal
Can a paralegal represent the sponsor at the Immigration Appeal Division?
Yes. LSO By-Law 4 lets a licensed paralegal appear before a tribunal created under federal legislation, and the IAD is a division of the Immigration and Refugee Board.
Is a new application better than an appeal?
Both routes exist. A new application starts again before an officer; an appeal keeps the original file and lets both partners testify. The refusal ground and the evidence available now decide which one fits.
What happens if the IAD allows the appeal?
An officer then completes the processing of the partner’s application. The IAD itself does not issue a visa.
What happens if the IAD dismisses the appeal?
The sponsor may ask the Federal Court for leave to review the decision under IRPA s.72. The Federal Court is outside a paralegal’s scope.
General information only: this post explains how IAD sponsorship appeals work and is not legal advice for any one couple. A signed retainer, not reading a page, starts a paralegal-client relationship.
At the free assessment, Angelina Shuster reads the refusal letter with you, checks whether the 30 days are still running and tells you which line of the table above the appeal turns on; she is the licensed paralegal who then speaks for the sponsor at the hearing, in English or Russian. Our legal team assists with the full range of your matter, including applications filed with IRCC.
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