How to prepare a Spousal Sponsorship application to avoid a refusal or to have it returned?
The Spousal Sponsorship application process is not just an administrative task but a complex journey that can be overwhelming and time-consuming. It becomes particularly challenging when the case is not straightforward and involves factors such as previous relationships, divorces, and child and spousal support. A typical spousal application may range from 120 to 150 pages, and with the requirement for document translation, it can extend to as many as 200 pages. This complexity underscores the need for professional assistance to navigate the process effectively.
It is public knowledge that many applications are fraudulent, submitted by people using the Spousal Sponsorship application process to obtain permanent residence status in Canada. To avoid delays, procedural fairness letters, and to have an application returned or even refused, it is of utmost importance to submit a well-prepared and strong application that will be approved without any delays. Often, when individuals endeavour to apply on their own, without the assistance of an immigration professional, the application may be weak and fail to convince the visa officer that the relationship is genuine or lack proper documentary evidence. As a result, the officer may request an interview with both partners, wherein a cross-examination method is usually used, issue a procedural fairness letter seeking additional evidence and explanation to dispel the officer’s doubt, return an application as incomplete, or outright refuse it.
What if the application is returned?
This occurs if your application is incomplete, and in this case, due to the resubmission, which will require a thorough review of the returned package, you will lose 2-3 months, and the processing time will start from the second submission.
Here are some reasons for returned applications
- Incorrectly answering questions on various forms
- Leaving blank or unanswered questions and not indicating “N/A” where applicable
- Missing documentary evidence
- Incorrect photo specification: date of birth or date the photo was taken, studio name was missed, or incorrect white space around the head
- Mixing up the “Principal applicant” and the “Sponsor”
What if the application is refused?
I will take the liberty of blaming the IRCC to a great extent for the large number of refusals. The IRCC online instructions suggest that the process is simple and that assistance from an immigration professional is not required. While this may be true for straightforward applications, many applicants only realize the complexity involved after starting the preparation of their application on their own or after the application is returned or refusals. If an application is returned for being incomplete, the processing time will start from the date the application is resubmitted. Unfortunately, processing times are often lengthy, typically 12 to 24 months. Additionally, the processing times posted on the government website are approximate and subject to change.
An interview required
Applicants often become nervous and confused during the interview and, as a result, answer questions incorrectly. The immigration officer will take detailed notes throughout the interview and will refuse the application if the officer is not convinced that the relationship is genuine. If we were your representatives, we would be able to prepare you for the interview and hope to put you at ease during it. However, the entire interview is in your hands.
Procedural fairness letter
Suppose immigration sends you a Procedural Fairness Letter (PFL) requesting additional information or documentation. In that case, providing a detailed explanation letter and documentary evidence supporting your response to every question is imperative. Failing to provide this will result in a refusal. Should you find yourself in such a situation, it is strongly advisable to seek professional assistance to prepare your response and dispel the officer’s doubts. If an application is refused, the appeal, judicial review process, or re-submission will take considerable time.
Proving the genuineness of a relationship
The IRCC carefully scrutinizes the genuineness of every relationship to prevent marriage fraud for immigration purposes. If the officer is not convinced that the marriage is genuine, they will refuse the application and may ban the sponsored spouse from entering Canada for five years due to misrepresentation.
Some issues that the IRCC takes into consideration when assessing applications:
- Co-habitation or lack of it
- Length of the relationship
- Differences in religion
- Age difference
- Cultural differences
Some other potential Issues
- Open work permit not issued
- Issues with police certificates
- Issues with divorce records
- Issues with children from a previous marriage (accompanying and non-accompanying)
- Ex-spouse refusing to undergo the examine your non-accompanying children
- Child or spousal support
Remember, the journey to reunite with your loved ones in Canada may present challenges, but with the right guidance, it is entirely achievable. As a Regulated Canadian Immigration Consultant, with many years of experience handling complicated spousal sponsorship applications, I am committed to helping you navigate the immigration process. Therefore, I invite you to book a consultation to discuss your application.