Applying for a spouse visa to Canada might be complex and confusing, mainly if you’re doing it from outside the country. As a hopeful spouse hoping to move to Canada with your partner, you have probably put a lot of time, energy, and money into the application process.
However, despite your best efforts, there’s always the possibility of encountering a denial. While receiving a Canada visa denial can be disheartening, it’s essential to remember that alternative pathways and solutions are available to you.
In this article, we’ll explore the most common reasons for Canada visa denial, what steps you can take if your spouse gets a denial, and how to appeal a refused spousal visa application.
The Most Common Reasons for a Spousal Visa Denial
Incomplete Application
If your application needs essential documents such as birth certificates, police certificates, or supporting documentation, IRCC will not allow you to submit these items later. Instead, they will refuse to process and send the application back.
Problems with the Forms
IRCC’s forms for spousal visa applications are frequently updated, and submitting an outdated form can lead to a refusal and return of the application, as will missing or incorrectly formatted signatures.
Marriage of Convenience Suspicions
If IRCC suspects that your relationship was entered into primarily for immigration purposes, or if they suspect that fraud is occurring, they will refuse the application. They may be more suspicious of this in particular countries where immigration fraud prevails.
Unconvincing Proof of Relationship Documentation
The burden is on the sponsor and applicant to demonstrate a genuine relationship; if an officer is not satisfied with the documentation provided, they will refuse the application.
What should I do if my spouse’s visa application is denied?
You can submit a new visa application if your spouse receives a visa application denial. In most cases, submitting a new application that addresses the reasons for the initial refusal is the best response to a refusal.
For this process, it is crucial that you first fully understand the reasons for refusal so you can address them directly in the new application. Below are things to look out for while submitting a new application after a refusal:
Understand the Refusal Letter
Carefully go through the refusal letter to understand the specific reasons for the refusal. This information is crucial for addressing the deficiencies in the new application.
If need be, you can request detailed reasons for refusal from the officer through an Access to Information and Privacy (ATIP) request.
Address Deficiencies
If the refusal was due to missing or inadequate documentation, ensure you provide all the required documents in the new application. If there are issues with eligibility criteria, take the time and steps needed to ensure you qualify before submitting your new application, and provide sufficient documentation to make your case.
Provide Further Evidence and Explanation
If the refusal was based on insufficient proof of a genuine relationship, provide more and more compelling evidence to demonstrate the authenticity of your relationship. A well-written explanation letter and sufficient documentation can help overcome a refusal.
Submit a Complete Application
Ensure the new application is complete and accurate in all areas, not only those indicated in the refusal. As IRCC’s instructions are frequently updated, ensure you have the latest document checklist and forms, as they may have changed since preparing the first application.
Appealing a Refused Spouse Visa Application
If your spouse’s visa application was denied and you filed the application under the Outland Sponsorship stream, you have the right to appeal to the Immigration Appeal Division (IAD). There is no appeal right for the Inland Sponsorship stream.
If the refusal was not due to an error or deficiency of the application but was instead due to a mistake in fact or law on the part of IRCC, an appeal may be a wise option.
How Can I Avoid a Refusal of my Spouse Visa Application?
To maximize the chances of a successful spouse visa application and prevent a refusal, we recommend you follow these procedures:
Understand the Eligibility Criteria
Familiarize yourself with the eligibility requirements for both the sponsor and the sponsored spouse. Also, ensure that your relationship meets the requirements (under either the spousal, common-law partner or conjugal category) at the time of your submission.
Thoroughly Complete Application Forms
Fill out the required forms accurately and completely, and ensure all the necessary signatures have been provided.
Communicate Changes
Notify Immigration, Refugees and Citizenship Canada (IRCC) of any changes in your circumstances, such as a change in address, marital status, or family members, to avoid misrepresentation and ensure accurate processing.
Provide Complete Documentation
Provide a diverse range of documentary evidence showcasing the genuineness of your relationship. According to IRCC’s document checklist, providing a broader range of documentation is always safer than the minimum required.
Seek Professional Advice
Whenever in doubt, consult with a lawyer or a Canadian Immigration Consultant who can answer your questions, review your application before submission, or represent you in the application before Immigration, Refugees and Citizenship Canada (IRCC). You can also visit Canadian official websites for updated information.
Exploring Other Immigration Options
In some cases, it may be necessary to explore alternative immigration options if reapplication or appeal is not feasible. Canada offers various immigration pathways for spouses and partners, including family sponsorship programs, skilled worker programs, and provincial nominee programs.
Family sponsorship programs allow Canadian citizens and permanent residents to sponsor their spouses or partners for permanent residency in Canada. While these programs have specific eligibility criteria, they can provide a viable option for couples unable to secure a spouse visa through other means.
Another option is skilled worker programs, such as the Express Entry system. These programs are designed to attract qualified professionals to Canada and prioritize applicants based on education, work experience, and language proficiency.
While the process may be longer and more competitive, skilled worker programs offer the opportunity for spouses to immigrate to Canada independently of their partner’s status.
Provincial nominee programs (PNPs) are also worth exploring, as they allow Canadian provinces and territories to nominate individuals for permanent residency based on their specific labor market needs.
Some PNPs offer streams specifically tailored to spouses and partners of Canadian residents, providing an alternative pathway to immigration. Consulting with a Canada spouse visa consultant who is well-versed in these alternative immigration options can help you explore and pursue the most appropriate path for your situation.
Wrapping Up
Although receiving a denial for your spouse’s visa application to Canada might be a frightening experience, it’s important to remember that there are other options and methods you can proceed with.
You can investigate these options and take proactive measures to remedy the grounds for the denial by visiting Canada’s official website.
A consultant can also help you through this challenging circumstance by offering the advice and support you need, whether you appeal the decision, reapply with more substantial documents, or investigate other immigration possibilities.
In addition, you may overcome the disappointment of having your spouse’s visa denied and make significant progress toward reuniting with your loved one in Canada if you have the proper support and persistence.
Frequently Asked Questions
What should I do if Canad reject my student spousal visa?
Carefully review the rejection letter or communicate with the immigration authority to understand the reason(s) for the refusal. You need to resubmit the application with additional documentation, clarification, or rectification if you have done anything.
It is also beneficial to seek help from an experienced immigration consultant and prepare a more substantial application.
Can I appeal a student spouse visa rejection?
Yes, you can. However, the appeal process may vary depending on the country and immigration regulations.
- Federal Court Appeal: If your application was processed outside Canada, you can appeal to the Federal Court of Canada. You’ll need legal representation for this process.
- Immigration and Refugee Board (IRB) Appeal: If your application was processed within Canada, you can appeal to the Immigration Appeal Division (IAD) of the IRB. This applies if you are in Canada and your spouse is a student here.
- Provincial Nominee Program (PNP) Appeals: Some provinces have appeal processes. Check if your situation falls under any provincial program.
How long do I have to wait before reapplying for a student spouse visa after rejection?
There is no fixed waiting period; it mostly depends on the circumstances and reasons for the refusal. It is advisable to wait, address the issues that led to the rejection, and gather sufficient documentation or evidence to support your application.