Spousal Sponsorship – From Refusal to Approval

Sahar and Ali’s spousal sponsorship story

Sahar and Ali’s sponsorship application was refused after IRCC questioned the timing of their marriage and the nature of their relationship. The officer noted that the duration of their friendship before marriage was unclear, and a previous refusal in the principal applicant’s immigration history added to the doubts.

A Procedural Fairness Letter (PFL) was issued, but unfortunately, the couple’s previous representative failed to address IRCC’s concerns with proper evidence or clear explanations. Despite being a genuine relationship, the lack of organized documentation and inadequate response led to a refusal.

After a detailed consultation, Mehdi reviewed the entire file, obtained GCMS notes, and identified the gaps in evidence and reasoning. In the new sponsorship application, Mehdi rebuilt the case from the ground up — clearly explaining the timeline of the relationship, providing consistent proof of communication, visits, financial support, and witness letters, and addressing each of IRCC’s previous concerns with transparency and structure.

The renewed application was approved, and Sahar and Ali were finally reunited in Canada. This case highlights how genuine relationships can still face refusal when documentation or explanations fall short, and how a well-prepared, truthful reapplication can turn a setback into a success.

Here are some of the more detailed questions we often receive about specific sponsorship situations, including inland and outland cases, open work permits, and same-sex partnerships.

FAQ

Who can I sponsor as a spouse or common-law partner?

You can sponsor your legally married spouse or your common-law partner if you are a Canadian citizen or permanent resident. A common-law partner means you have lived together in a marriage-like relationship for at least 12 consecutive months and can show shared responsibilities and commitment.

Does this include same-sex partnerships?

Yes. Same-sex marriages and common-law relationships are fully recognized under Canadian immigration law. What matters most is that the relationship is genuine and meets the legal or cohabitation requirements.

What makes a relationship “genuine” in the eyes of immigration officers

A genuine relationship is one built on love, trust, and shared life goals, not one entered into for immigration purposes. Officers look for consistency in your story and evidence such as shared finances, communication, time spent together, family support, and mutual plans for the future.

How long must we live together for common-law sponsorship?

To qualify as common-law partners, you must have lived together continuously for at least 12 months in a marriage-like relationship. Short, temporary separations for work, travel, or family reasons are acceptable if you can show that the relationship continued during that time.

What happens if my sponsorship application is refused?

You cannot sponsor a new spouse or partner until your previous marriage is legally dissolved. However, if you are separated and living in a genuine common-law relationship with your new partner for at least 12 months, you may qualify under the common-law category once you meet the requirements and can show proof of separation from your former spouse.

What is the difference between inland and outland/overseas sponsorship?

Yes. If you apply under the inland sponsorship stream, your spouse may be eligible for an open work permit once the application is submitted and approved in principle. This allows your spouse to live and work in Canada legally while waiting for the final decision.

What happens if we separate or divorce after I sponsor my spouse?

Can I sponsor my partner if I am still legally married to someone else?

What if I got married outside Canada? Will my marriage be recognized?

If you divorce or separate after your spouse becomes a permanent resident, they can usually keep their status. However, as the sponsor, you remain financially responsible for them for three years after they land, regardless of your relationship status.

Your marriage will be recognized in Canada if it is legally valid in the country or region where it took place and is consistent with Canadian law. For same-sex couples, the marriage must be legally recognized in that country or province where it occurred. If it is not legally recognized, you may still qualify as a common-law or conjugal partner.

Periods of temporary separation can be acceptable if you can show that the relationship remained strong and ongoing. Evidence may include continuous communication, financial support, travel history, joint obligations, and future plans to reunite. Officers look at the overall consistency of your relationship, not just the time spent physically together.

How do I prove a common-law relationship if we were apart for some time?

Can my spouse work in Canada while the sponsorship is in process?

If your application is refused, you can review the reasons for refusal, request your GCMS notes, and submit a stronger re-application. It is important to address every concern raised in the officer’s decision and include clear, consistent evidence that supports the genuineness of your relationship.

Inland sponsorship is for couples already living together in Canada. The sponsored partner can usually stay in Canada during processing and may be eligible for an open work permit. Outland sponsorship is for couples where the partner lives outside Canada or needs to travel freely during the process. Both options can lead to permanent residence, but the best choice depends on your situation.

How long does a spousal or common-law sponsorship take to process?

Can I sponsor my same-sex partner if we have not lived together for 12 months?

If you are unable to live together due to legal, cultural, or other barriers, you may apply under the conjugal partner category. This category applies to couples who have been in a committed relationship for at least one year but cannot cohabit due to circumstances beyond their control.

Processing times vary depending on where the applicant is living and how complete the application is. On average, it takes about 10 to 14 months for most cases ( at the time of this article). Submitting a clear, well-documented application can help avoid delays.

Incomplete forms, inconsistent answers, lack of supporting documents, or unclear timelines are common reasons for delays or refusal. Misrepresentation or providing false information can lead to serious consequences. A detailed and honest submission with strong evidence is always the safest approach.

What can delay or harm a sponsorship application?

Can I sponsor my partner if I was sponsored to Canada myself?

Yes, but only after you have become a permanent resident and have lived in Canada for at least five years since your own landing date. You must also meet the financial and eligibility requirements before sponsoring someone else.

Contact us

If you’re facing challenges with your sponsorship or just want to get it right the first time, reach out today. We’re here to help.

Every story is unique