Applying for spousal sponsorship to obtain permanent residency (PR) in Canada is not a guarantee of success. Immigration, Refugees and Citizenship Canada (IRCC) carefully examines each application, and a key criterion is the genuineness of the relationship between the applicant and the sponsor. If an officer suspects that the marriage was entered into primarily for immigration purposes rather than to build a family, the application may be refused.
Example: A citizen of China submitted a PR application in September 2021 through her sponsor — a permanent resident of Canada who obtained their status in 2018. In September 2023, IRCC requested additional documents, and on October 13, 2023, the couple was invited for separate interviews with different officers. This is a standard procedure when there are concerns about the authenticity of the relationship. Officers ask questions about daily life together to determine whether the couple is truly building a life based on love, support, and shared plans — or if the marriage is a means to bypass immigration rules.
On November 1, 2023, an officer with the code CC28461 refused the application. The reason: they were not convinced that the relationship was genuine, and that the marriage was not primarily for immigration purposes. This underscores an important principle: in Canada, a family must be a goal in itself, not a tool for immigration. If the officer suspects that immigration status — and not a shared life — is the primary motivation, they have the authority to refuse, even if the paperwork appears flawless.
Differences in process and rights
There are two types of sponsorship: Inland (within Canada) and Outland (outside Canada), and they have different consequences in case of refusal:
· Inland Sponsorship (Family Reunification):
Applicants residing in Canada and applying through this stream do not have the right to appeal a refusal to the Immigration Appeal Division (IAD). This means the officer’s decision is final, and the couple must seek other routes, such as reapplying or requesting judicial review. However, the benefit of this option is the ability to apply for an open work permit for the spouse while the PR application is being processed, allowing legal employment during this period.
· Outland Sponsorship:
If the applicant is outside Canada, the sponsor has the right to appeal to the IAD within 30 days in case of refusal. This provides an opportunity to challenge the decision by submitting additional evidence of the relationship’s authenticity. However, this stream does not offer a work permit option, as the applicant is not in Canada.
What’s important to know?
Sponsorship is not just a formality. IRCC evaluates both documents and the real-life story of your relationship. Separate interviews are a chance to prove that you are together for love and family — not status. Choosing between Inland and Outland matters too: Inland gives access to a work permit but no appeal; Outland gives the right to appeal but no work option.