When a Canadian citizen or permanent resident sponsors their spouse for permanent residence, Immigration, Refugees and Citizenship Canada (IRCC) must first determine whether the applicant qualifies as a member of the family class under the Immigration and Refugee Protection Act (IRPA). This assessment focuses on whether the marriage is genuine and not entered into primarily for immigration purposes.
What IRCC Looks For in Spousal Sponsorship Applications
To be approved as a member of the family class, the applicant must meet two legal requirements:
1. The Applicant is a Member of the Family Class as a Spouse?
If IRCC or the IAD finds that the applicant is not a spouse under the law (e.g., the relationship is not genuine or was entered primarily for immigration), IRCC does not need to review any other grounds for refusal. This ends the case.
2. The Two-Part Test for Spousal Sponsorship
To determine whether the marriage meets IRPA requirements, officers look at two key questions:
(a) What was the purpose of the marriage at the time it was entered?
Was the marriage primarily for the purpose of obtaining permanent residence?
- If even one spouse entered the marriage mainly for immigration status, the application fails.
(b) Is the relationship genuine at the time of assessment?
This is evaluated using factors recognized by Canadian courts, including:
- development of the relationship
- shared life, communication, and financial interdependence
- cultural and family acceptance
- cohabitation or efforts to live together
- behaviour after the wedding
These criteria are not exhaustive; panels may consider any relevant evidence.
If either prong fails, the spouse is disqualified from the family class.
3. Standard of Proof: Balance of Probabilities
The sponsor must show it is more likely than not that:
- the marriage is genuine; and
- immigration was not the primary purpose for entering into the marriage.
The onus is fully on the sponsor.
In case 2025 CanLII 18046, the sponsor appealed IRCC’s refusal of their spousal sponsorship. IRCC had determined the marriage was not genuine and/or entered primarily for immigration purposes, based on inconsistencies and lack of convincing evidence of a committed relationship. The IAD reviewed the couple’s testimony, relationship history, documentary evidence, and explanations for discrepancies.
The IAD applied the two-prong test:
- Primary purpose test: The panel examined the spouses’ intentions at the time of marriage.
- Genuineness test: The panel evaluated ongoing conduct, communication, shared responsibilities, and credibility.
The IAD concluded that the sponsor did not meet the burden of proof. Key concerns included:
- significant inconsistencies in testimony
- weak or limited evidence of an ongoing marital relationship
- insufficient proof that the marriage involved true commitment rather than immigration motives
The outcome was the appeal was dismissed, the applicant was not recognized as a member of the family class, and IRCC’s refusal was upheld.
This decision highlights the critical importance of:
- credible evidence showing both partners intended a real marriage and continue to maintain a genuine relationship.
- thorough documentation,
- consistent testimony, and
- credible evidence showing both partners intended a real marriage and continue to maintain a genuine relationship.
Contact Our Vancouver Spousal Sponsorship Lawyers:
If your application was refused or you need guidance on preparing a strong spousal sponsorship file, our team at YA Law Corporation has extensive experience representing couples in Canada and internationally.
At YA Law we assist with:
- preparing strong sponsorship applications
- responding to procedural fairness letters
- spousal sponsorship appeals at the IAD
- advising on genuineness evidence and relationship documentation
Contact us today to speak with our experienced Vancouver immigration team.