Marrying or living with a partner from abroad does not by itself give that partner permanent residence. An officer first decides whether the relationship fits one of three categories in the Immigration and Refugee Protection Regulations (IRPR), and whether the Canadian sponsor is eligible. A refusal letter names the provision the officer relied on, and that provision decides almost everything that follows: whether the Immigration Appeal Division (IAD) can hear an appeal at all, whether humanitarian grounds can be argued, and which evidence matters.
Angelina Shuster, a paralegal licensed by the Law Society of Ontario, represents sponsors in sponsorship appeals before the IAD. This article walks through the rules that refusals are built on, so the letter can be read against them.
Spouse, common-law partner or conjugal partner: the three definitions
Spouse
A person legally married to the sponsor. Under IRPR s. 117(9)(c.1), a marriage where one or both spouses were not physically present at the ceremony does not count, with a narrow exception for members of the Canadian Forces.
Common-law partner
Someone “cohabiting with the person in a conjugal relationship, having so cohabited for a period of at least one year” (IRPR s. 1(1)). Proof of one continuous year under the same roof is the core of the file.
Conjugal partner
A foreign national living outside Canada who has been in a conjugal relationship with the sponsor for at least one year (IRPR s. 2), without marriage or a year of living together. Under s. 117(9)(a), a conjugal partner under 18 is excluded.
The provision in the refusal letter, and what an appeal can do with it
| Provision cited | What the officer found | At the IAD |
|---|---|---|
| IRPR s. 4(1) | The relationship was entered into primarily to gain status under the Act, or it is not genuine. Either finding alone is enough. | Appealable. The member hears both partners and decides the question again on the evidence filed for the appeal. |
| IRPR s. 4.1 | The couple separated or divorced, then resumed the relationship, and the first break-up was primarily so that someone could obtain status. | Appealable. The history of the separation and the reunion is examined. |
| IRPR s. 117(9)(c)(i) | One partner was still married to someone else on the day of the wedding. | Appealable on whether the finding is correct. If it stands, the person is outside the family class and humanitarian grounds cannot be reached (IRPA s. 65). |
| IRPR s. 117(9)(d) | When the sponsor immigrated, this partner was a non-accompanying family member who was not declared and not examined. | Appealable on whether the exclusion applies, for example under the exception in s. 117(10). The same s. 65 limit on humanitarian grounds applies. |
| IRPR s. 130(3) | The sponsor was sponsored as a spouse or partner and has been a permanent resident or citizen for less than five years before filing. | The count of years is checked against the filing date. |
| IRPR s. 133(1) | A sponsor requirement was not met, such as default on a court-ordered support payment or an earlier sponsorship undertaking. | The requirement must hold from the filing day to the decision day, so the dates are the issue. |
| IRPA s. 40(1)(a) | Misrepresentation: a material fact was misstated or withheld. | A spouse or common-law partner keeps the right of appeal (IRPA s. 64(3)). The finding also carries a five-year bar under s. 40(2)(a). |
Refusals that never reach the Immigration Appeal Division
Applications made from inside Canada
The right of appeal in IRPA s. 63(1) covers a refused permanent resident visa for a member of the family class. A partner who applied in the spouse or common-law partner in Canada class (IRPR s. 124) has no IAD appeal. The route is an application for leave and judicial review at the Federal Court, filed within 15 days of learning of a decision made in Canada (IRPA s. 72(2)(b)).
Certain inadmissibility findings
Under IRPA s. 64(1), there is no IAD appeal when the sponsored partner is found inadmissible for security, human or international rights violations, sanctions, serious criminality or organized criminality. Serious criminality here means a crime punished in Canada by at least six months of imprisonment, or one described in s. 36(1)(b) or (c).
Federal Court proceedings are outside the tribunals a paralegal appears before, and so is preparing a fresh sponsorship file after a refusal. Our legal team assists with the full range of your matter, including applications filed with IRCC. Whether a new application or an appeal fits the refusal depends on the provision cited and the dates involved.
Thirty days to file the notice of appeal
30 days
Rule 16(a) of the Immigration Appeal Division Rules, 2022 requires the notice of appeal to be received by the Division no later than 30 days after the sponsor receives the officer’s decision and written reasons. The sponsor, not the partner abroad, is the appellant.
Once the appeal is open, the member can look past the officer’s file. If the member finds the partner is in the family class and the sponsor qualifies, IRPA s. 65 allows humanitarian and compassionate considerations to be weighed as well, including the best interests of any child directly affected.
What the member asks both partners about
Each partner usually testifies separately, and the answers are compared. The questions test how well each knows the other’s life, and why the relationship began:
- how and where they met, and who introduced them;
- the partner’s parents, brothers and sisters, and whether the two families have met;
- the partner’s job, workplace and daily schedule;
- visits during the waiting period: dates, places, who paid;
- the wedding or the start of living together: who attended, where it took place;
- plans after arrival in Canada: where they will live, what work the partner expects;
- the partner’s interests, health and religion;
- what each would do if the sponsorship stays refused.
When the usual proof does not exist
Many genuine couples live apart, have little money, or come from places where joint accounts are rare. The appeal record can show the same facts through other documents:
- No joint property or bank account
- Money transfers between the partners over months, with receipts.
- No wedding reception
- The marriage registration, plus records of the couple’s finances at the time that explain why there was none.
- Few photographs together
- Call logs and message histories that run without long gaps across the whole relationship.
- Cannot visit often
- Boarding passes and passport stamps for the visits that did happen, and the reasons travel was limited.
- Families have not met in person
- Letters from relatives on both sides describing what they know of the couple.
Questions about refused partner sponsorships
Who files the appeal when a spousal sponsorship is refused?
The Canadian sponsor. IRPA s. 63(1) gives the right of appeal to the person who filed the sponsorship application, and the IAD Rules require the notice of appeal to reach the Division within 30 days of receiving the decision and reasons.
Can a refusal for misrepresentation be appealed by a spouse?
Yes. IRPA s. 64(3) blocks appeals of misrepresentation refusals in general, but makes an exception when the person sponsored is the sponsor’s spouse, common-law partner or child.
Is there an IAD appeal if the partner applied from inside Canada?
No. The IAD appeal in IRPA s. 63(1) covers refused permanent resident visas in the family class. A refusal in the spouse or common-law partner in Canada class goes to the Federal Court by application for leave and judicial review.
Sources for this article
- Immigration and Refugee Protection Regulations: ss. 1(1), 2, 4(1), 4.1, 117(9), 117(10), 124, 130(3), 133(1)
- Immigration and Refugee Protection Act: ss. 40, 63(1), 64(1)–(3), 65, 72(2)
- Immigration Appeal Division Rules, 2022: rule 16
This article is general information about the law and is not legal advice. Reading it does not create a paralegal-client relationship; every refusal depends on its own facts and record. For a review of a refusal letter, use the free assessment or call (416) 835-6989.
