Arshdeep Singh kahlon

At Kahlon Law Office, we specialize in spousal sponsorship applications, ensuring that couples meet the legal requirements and provide compelling evidence to establish the genuineness of their relationship. Immigration, Refugees and Citizenship Canada (IRCC) meticulously scrutinizes these applications to prevent marriages of convenience, making it essential to prepare a strong and well-documented submission.

What is the legal framework for genuineness in spousal sponsorship?

Under Section 4 of the Immigration and Refugee Protection Regulations (IRPR), a foreign national will not be recognized as a spouse, common-law partner, or conjugal partner if:

(a) The relationship was entered into primarily to acquire immigration status; or
(b) The relationship is not genuine.

Because of this, applicants must provide substantial proof that their marriage or partnership is authentic, ongoing, and not primarily for immigration purposes.

How do courts assess the genuineness of relationships in sponsorship applications?

Several important legal cases help clarify how IRCC and the courts assess spousal sponsorship applications:

Singh v. Canada (2011 FC 720) – The court emphasized that sponsorship applications must be reviewed holistically, meaning a lack of certain types of evidence does not automatically mean the relationship is not genuine.
Wang v. Canada (2018 FC 741) – In this case, the Federal Court ruled that cultural differences and unconventional relationships must be carefully considered, rather than dismissed due to unfamiliarity.
Khera v. Canada (2019 FC 195) – This case highlights the importance of addressing IRCC’s concerns thoroughly if a Procedural Fairness Letter (PFL) is issued, as a failure to do so can result in refusal.
Amin v. Canada (Citizenship and Immigration), 2021 FC 670 – The court ruled that the birth of a child creates an evidentiary presumption that a marriage is genuine. A "bald statement" by a visa officer that the existence of the child is "outweighed by other negative factors" is insufficient in a refusal.
Kaur v. Canada (Citizenship and Immigration), 2023 FC 1470 – In this case, we successfully represented our client against a misrepresentation ban resulting from the officer’s concerns related to the genuineness of Ms. Kaur's relationship with her spouse. By representing the client effectively in the Federal Court of Canada, we were able to have the ban overturned. This case has been a significant win, particularly because it reinforced the importance of procedural fairness and the right of applicants to have the opportunity to meaningfully respond to concerns raised about their application.
Palma Izaguirre v. Canada (2012) – This case confirmed that inland spousal sponsorship refusals cannot be appealed to the Immigration Appeal Division (IAD). The Immigration and Refugee Board (IRB) ruled that since an inland applicant is seeking a change of status rather than a permanent resident visa, they do not have the same appeal rights as outland applicants.

Having legal counsel ensures that any challenges posed by IRCC are handled in accordance with existing case law and that arguments are supported by precedent-setting decisions.

Can Inland spousal sponsorship applicants appeal their refusals?

One critical aspect of inland spousal sponsorship is that refused applications cannot be appealed to the Immigration Appeal Division (IAD). Unlike outland applications, which have appeal rights, inland applications are only eligible for judicial review at the Federal Court, a much more limited option. This was confirmed in Palma Izaguirre v. Canada (2012) and subsequent cases such as Balla v. Canada (2014 CanLII 99928) and Richard v. Canada (2012 CanLII 100918).

This makes it extremely important to get legal representation from the beginning. A lawyer can ensure that your application is thorough, well-prepared, and meets all IRCC requirements, minimizing the risk of refusal.

What documents are required to prove the genuineness of a relationship?

A successful spousal sponsorship application requires convincing and diverse proof that your relationship is real. Some of the most critical supporting documents include:

1. Relationship History and Proof of Cohabitation

Photographs from various stages of the relationship, including vacations, family gatherings, and significant events.
Travel itineraries, flight tickets, and hotel bookings showing shared experiences.
Joint leases, property ownership documents, and household bills proving cohabitation.
Driver’s licenses, tax returns, and utility bills with the same residential address (for inland applications).

2. Communication and Social Media Evidence

Text messages, emails, and call logs showing consistent communication over time.
Screenshots of social media posts, comments, and interactions, including relationship status updates and shared photos.
Video call records (especially for long-distance relationships).

3. Financial and Legal Commitments

Joint bank account statements showing financial interdependence.
Shared property ownership or rental agreements listing both names.
Insurance policies or employment benefits naming the spouse as a beneficiary.

4. Testimonies from Family and Friends

Affidavits from family members and friends confirming the authenticity of the relationship.
Wedding invitations, cultural or religious ceremonies, and joint event photographs.

What types of relationships face additional scrutiny from IRCC?

Certain types of marriages and relationships may face additional scrutiny from IRCC. These include:

Interracial, interfaith, or significant age-gap marriages
Low-key or non-traditional weddings (e.g., small ceremonies, private marriages, or elopements)
Runaway marriages (where family was unaware or not supportive of the relationship)
Less-publicized relationships (where couples do not frequently share their relationship on social media)

Applicants in these situations must provide strong supporting documents and explanations to address IRCC’s concerns.

What options are available for Spousal Open Work Permits (SOWP) and Temporary Resident Visas (TRV)?

For inland sponsorship applicants, there is an option to apply for a Spousal Open Work Permit (SOWP), allowing them to work while their application is being processed.

For outland applicants, Canada has introduced liberalized processing for Temporary Resident Visas (TRV), allowing spouses to visit Canada while awaiting sponsorship approval. Once in Canada as a visitor, they can then apply for a spousal open work permit.

This flexibility allows couples to reunite while waiting for their sponsorship application to be finalized.

What are the potential issues with interviews and Procedural Fairness Letters (PFLs)?

IRCC may schedule an interview if officers have concerns about the genuineness of the relationship. Common triggers for an interview include:

Lack of strong supporting evidence
Inconsistencies in the application or relationship timeline
Significant cultural, religious, or age differences between partners

Additionally, IRCC may issue a Procedural Fairness Letter (PFL), which is a formal notice indicating concerns about misrepresentation or a bad faith marriage. Responding to a PFL correctly is critical, and legal representation can be invaluable in ensuring the right evidence and explanations are provided.

Why choose Kahlon Law Office?

Navigating the spousal sponsorship process can be overwhelming, and IRCC’s scrutiny can lead to refusals if applications are not well-prepared. At Kahlon Law Office, we provide expert legal assistance in:

Preparing and submitting strong sponsorship applications
Helping clients compile convincing evidence
Addressing concerns raised by IRCC, including interviews and PFLs
Judicial review of refused inland applications

Given the lack of appeal rights for inland sponsorship refusals, it is crucial to ensure your application is handled professionally from the beginning. Contact Kahlon Law Office today for expert guidance on your spousal sponsorship application!

Spousal Sponsorship Application

What is the legal framework for genuineness in spousal sponsorship?

How do courts assess the genuineness of relationships in sponsorship applications?

Can Inland spousal sponsorship applicants appeal their refusals?

What documents are required to prove the genuineness of a relationship?

What types of relationships face additional scrutiny from IRCC?

What options are available for Spousal Open Work Permits (SOWP) and Temporary Resident Visas (TRV)?

What are the potential issues with interviews and Procedural Fairness Letters (PFLs)?

Why choose Kahlon Law Office?

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