Spousal sponsorship in Canada: inland, outland, refusals and appeals

Sponsoring a spouse or partner is one of the most common ways people become permanent residents of Canada. It is also one of the most closely examined. Officers look hard at whether the relationship is real, whether the sponsor is eligible, and whether the forms tell a consistent story. Small choices made at the start, such as which stream to apply under, decide later what happens if something goes wrong. This guide walks through the choices, the rules and the evidence, and what to do if an application is refused.

Spouse, common-law partner or conjugal partner

The Immigration and Refugee Protection Regulations (IRPR) recognize three kinds of partner:

• Spouse: a person you are legally married to. The marriage must be valid where it took place and under Canadian law. A marriage where one or both people were not physically present at the ceremony (by proxy, telephone or video) does not count, with a narrow exception for Canadian Forces members (IRPR, ss. 117(9)(c.1) and 125(1)(c.1)).
• Common-law partner: a person who has lived with you in a conjugal relationship for at least one year (IRPR, s. 1(1)). IRCC says this means living together continuously for 12 months, with any time apart short and temporary. A year of dating does not count.
• Conjugal partner: a person living outside Canada who has been in a conjugal relationship with you for at least one year (IRPR, s. 2). IRCC describes this category as being for couples who cannot live together or marry because of legal, immigration, social, cultural, religious or other reasons, such as a prior marriage where divorce is not possible, or a same-sex relationship in a country where it is not accepted. It is only available through the family class (outland) stream.

Inland or outland: choosing the right stream

There are two streams, and the choice has real consequences.

The appeal right is often the deciding factor. An outland refusal can be appealed on the facts and, in many cases, on humanitarian grounds. An inland refusal can only be challenged in the Federal Court, which reviews the decision for legal error and generally does not reweigh the evidence. Couples who live together in Canada can still choose the outland stream. Where there is any doubt about how an officer will view the relationship, that appeal right is worth a great deal.

The inland stream suits couples who want to stay together in Canada throughout and who have a well-documented relationship. Remember that IRCC warns that a sponsored partner who leaves Canada during an inland application may not be allowed back in.

Who can sponsor, and who cannot

A sponsor must be a Canadian citizen, a permanent resident or a person registered under the Indian Act, at least 18, and living in Canada (IRPR, s. 130(1)). A citizen living abroad can sponsor if they will live in Canada when the partner becomes a permanent resident (IRPR, s. 130(2)). A permanent resident living abroad cannot.

The sponsor must also not be barred. Under IRPR s. 133(1), a sponsorship cannot be approved if the sponsor:

• is subject to a removal order;
• is in jail or prison;
• has certain criminal convictions, including sexual offences, serious violent offences, and offences causing bodily harm to a family member, relative or partner (with exceptions for record suspensions, acquittals and, for convictions in Canada, where five years have passed since the sentence ended: s. 133(2));
• is in default of a previous sponsorship undertaking or a court-ordered support payment;
• owes an immigration loan that is in default;
• is an undischarged bankrupt; or
• is receiving social assistance for a reason other than disability.

IRCC also lists, as a bar, an earlier application to sponsor the same person that is still waiting for a decision.

Two further rules catch many people by surprise:

• The five-year rule. If you became a permanent resident after being sponsored as a spouse or partner, you cannot sponsor a new spouse or partner until you have been a permanent resident or citizen for at least five years (IRPR, s. 130(3)).
• An existing undertaking. If you previously sponsored a spouse or partner and that three-year undertaking has not ended, a new spouse or partner is excluded (IRPR, ss. 117(9)(b) and 125(1)(b)).

In most cases there is no minimum income requirement to sponsor a spouse or partner. IRCC says income becomes relevant only where the partner has a dependent child who has dependent children of their own. Quebec residents must also meet Quebec's requirements and sign an undertaking with the Government of Quebec.

The undertaking: what you are promising

Every sponsor signs an undertaking. For a spouse or partner, it lasts three years from the day the partner becomes a permanent resident (IRPR, s. 132(1)(b)(i)). During that time, you must repay any social assistance your partner or their family members receive. IRCC's guide is clear that the undertaking will not be cancelled if you separate or divorce, and you cannot sponsor anyone else until any debt is repaid. You can withdraw an undertaking only before a final decision, and only if IRCC approves the withdrawal.

Take this seriously before you sign. It is a legal promise to the government, not a formality.

Proving the relationship is genuine

The central test is in IRPR s. 4(1). A person is not considered your spouse or partner if the relationship:

• (a) was entered into primarily to acquire status or a privilege under immigration law; or
• (b) is not genuine.

The test is written with "or." A refusal can rest on either branch. A couple can be in a real relationship and still be refused if the officer finds it began mainly for immigration purposes. A separate rule (s. 4.1) covers couples who divorced or separated to help one person immigrate and then reunited.

Officers, and the Immigration Appeal Division on appeal, look at questions such as how you met and how the relationship developed, how well you know each other's lives, whether family and friends know about the relationship, financial support, the partner's past immigration history, visits and living arrangements, children, and your plans for the future.

Evidence that helps

• A clear, consistent account in the relationship questionnaire (IMM 5532), with dates that match every other form.
• Proof of shared life: a joint lease or mortgage, shared bills, joint accounts, insurance listing each other, mail at the same address.
• For long-distance couples: travel records, boarding passes, photos over time, and communication history.
• Wedding evidence that fits the culture and the couple: who attended, how it was arranged, and family involvement.
• Explanations, up front, for anything an officer may see as a concern, such as an age gap, a short courtship, a prior refused application or a previous sponsorship.

Common reasons for refusal

• Inconsistent answers between the forms, the interview and the documents.
• Thin evidence of a shared life or ongoing contact.
• Immigration history that suggests the relationship was a route to status, such as a marriage soon after a refused visa or refugee claim, left unexplained.
• Sponsor ineligibility that should have been spotted before filing.
• Undeclared family members. If the sponsor became a permanent resident without declaring the partner and having them examined, the partner is generally excluded from the family class (IRPR, s. 117(9)(d)). A temporary public policy that let some undeclared family members be sponsored ended on September 10, 2026. IRCC says it does not apply to applications submitted after that date.
• Misrepresentation. A false or missing material fact can lead to inadmissibility for five years (IRPA, s. 40). Be accurate, even when the truth is awkward.

Open work permits while you wait

A sponsored spouse, common-law partner or conjugal partner living in Canada with their sponsor may be able to get an open work permit while the permanent residence application is processed (IRPR, s. 207, and IRCC's open work permit rules for sponsored partners). IRCC's current requirements include:

• the partner is included in a sponsorship application and has an acknowledgement of receipt confirming it is being processed;
• the partner lives with the sponsor in Canada and the relationship is genuine; and
• the partner has valid temporary resident status, or is maintaining or restoring it.

There is a narrow exception for applying without an acknowledgement of receipt where current status expires in two weeks or less. A partner who is out of status and relying on the public policy for spouses must wait for approval in principle before applying. Check IRCC's page before filing, because these requirements change.

If the application is refused

Outland refusals: the 30-day appeal

The sponsor can appeal a family class refusal to the Immigration Appeal Division (IAD) of the Immigration and Refugee Board (IRPA, s. 63(1)). The notice of appeal must be received by the IAD no later than 30 days after the day the sponsor receives the officer's decision and written reasons (Immigration Appeal Division Rules, 2022, r. 16(a)). Count from the day you received it, write down that date, and do not wait until day 29.

Key features of the appeal:

• It is a fresh look. The IAD decides the appeal based on the situation "at the time that the appeal is disposed of" (IRPA, s. 67(1)). You and your partner can testify, call witnesses and file new evidence.
• Humanitarian grounds have limits. The IAD can grant relief on humanitarian and compassionate grounds, taking into account the interests of any child directly affected (s. 67(1)(c)). But it can only consider those grounds once it finds your partner is a member of the family class (s. 65). In a bad-faith refusal under s. 4, the appeal is won or lost on the genuineness of the relationship.
• Misrepresentation refusals can be appealed where the sponsored person is the sponsor's spouse, common-law partner or child (IRPA, s. 64(3)).
• Some refusals cannot be appealed. There is no IAD appeal where the partner is inadmissible on grounds of security, human or international rights violations, sanctions, serious criminality or organized criminality (s. 64(1)).
• Early resolution is possible. The IAD's process includes an informal resolution step before a hearing, which may resolve some appeals without a full hearing.

Inland refusals: judicial review

There is no IAD appeal from an inland refusal. The remedy is an application for leave and judicial review in the Federal Court, which must be filed within 15 days for a matter arising in Canada (IRPA, s. 72(2)(b)). The Court reviews whether the decision was reasonable and fair. It does not usually take new evidence. In some cases, a new and better-prepared application is the more practical route.

First steps after any refusal

1. Note the date you received the decision and calculate your deadline immediately.
2. Read the reasons. If they are brief, request the officer's notes through a Privacy Act request, which is free.
3. Get advice before filing a new application while an appeal is pending. The two can interact.
4. Check your partner's temporary status in Canada, if they are here. A refusal can affect it.

Getting help with a spousal sponsorship

Most problems in spousal sponsorship are easier to prevent than to fix. If you are deciding between inland and outland, unsure whether a past sponsorship, conviction or immigration history affects you, or facing a refusal with a deadline running, we can help. Bring your marriage certificate or proof of cohabitation, both partners' immigration histories, any past sponsorship documents, the refusal letter and reasons if you have them, and the date you received them. We will explain your options and the deadlines that apply. You can read more about our work on spousal and common-law sponsorship.

Common questions

Sources

1. Immigration and Refugee Protection Regulations, ss. 1(1), 2, 4, 4.1, 117(9), 124, 125, 130, 132, 133, 207
2. Immigration and Refugee Protection Act, ss. 13, 40, 63(1), 64, 65, 67, 72(2)(b)
3. Immigration Appeal Division Rules, 2022, r. 16
4. IRCC: Sponsor your spouse, partner or child, check if you're eligible
5. IRCC: Who you can sponsor (definitions; end of undeclared family member public policy)
6. IRCC: Complete guide IMM 5289 (streams, travel, undertaking, withdrawal)
7. IRCC: Open work permit for sponsored spouses and partners
8. IRB: Make a sponsorship appeal
9. IRB: Appealing a decision about sponsoring a spouse or partner (bad faith relationship)
10. IRCC: How to make a request under the Privacy Act

General information, not legal advice. Every situation is different, and the law can change. Reading this article doesn't create a lawyer-client relationship.