How to Overcome Canada Spouse Visa Refusal and Reapply Successfully ?

Sanjay Yadav
[Published 30 Sep, 2023 | 03:48 PM]
About Author - 6 min read
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A Citizen or Permanent Resident can support their overseas partner or Common-law mate for Permanent Residence through the Canada Spouse Visa. It is inclusive of the dependent offspring of the overseas partner if any. The guarantor must be ready to offer financial support to the members of the family in the submission for Spousal Sponsorship. The process can be initiated by PR status holders only if they are living in Canada.

The submission process for Spousal Sponsorship is nerve-racking and relatively elaborate. It is by and large clerical and can also be taxing and overpowering if the case is not uncomplicated. This includes arranged marriages, old marriages, marriages of duration fewer than two 24 months, offspring from old marriages, or common-law relations. Usually, the credentials necessary for the submission run into hundreds of sheets inclusive of all Government forms and sustaining evidential documents.

Check eligibility for Canada Spouse Visa

Proving the legitimacy of a relationship

The Government of Canada is extremely strict when it comes to assessing submissions and consent. The number of fraud submissions from persons who are picking the Spousal Visa to unlawfully receive PR status has increased over the decades. It has added to the challenges of preparing a strong submission that will be granted with no issues.

The authenticity of each relationship is examined by IRCC to make certain that the submission does not involve fraud marriage for immigration purposes. The submission will be rejected and the partner seeking backing can be banned from entrance in Canada for 5 years for Misrepresentation if the IRCC Officer is not sure about the legality of the marriage.

Appealing the denial is recommended only if the submission for Spousal Sponsorship was properly prepared and included all essential information and documents. Several submissions are rejected for being incomplete or lack of substantiation. Reapplying is the advisable option in these circumstances and appealing against the decision.

Canada Spouse Visa Processing time for resubmission is much faster and usually takes 6 to 12 months as per the nation when compared with an appeal that can take more than 12 months.

Tips for Successful Resubmission Canada Spouse Visa

Successful resubmission requires addressing all the factors that led to the denial of the first submission. This includes a new situation or data that was not included in the submission initially. The refusal letter will reveal the exact reasons for the denial of the submission. It will be vital in strengthening the fresh submission.

For instance, the denial letter can state that the partner failed to demonstrate that they have ample funds to support themselves in Canada. You must consider if there are any sources of funds that you missed to include in the submission initially. It can be anything like a hike in wages that can be evidence of capability for supporting monetarily.

One more frequent ground for denial is the failure on the part of the overseas partner to prove adequate ties with their nation. You can address this by including suitable standard substantiation to prove their return to the home nation after the expiry of the Canada Visa. This is among the major Spouse Visa Canada requirements that the IRCC officer will seek to fulfill in the submission.

Another major aspect is offering substantiation of previously having lived together for a minimum of 1 year if the couple is not staying together in Canada. It can be demonstrated by offering:

• substantiation of constant contact through Letters, written descriptions of text communication, e-mails, dialogue on Social Media, or other documents that show both being in contact. It can be up to 10 sheets.
• Substantiation that the partner in Canada has visited the overseas partner/mate in the form of boarding passes or flight tickets, photocopies of the Passport with a stamp. An explanation has to be included if there were no visits by the person being offered backing in the 5532 IMM questionnaire (Question 4, Part C).

The most recent Spousal Sponsorship online process specifies the same list of documents as the prior paper-version submission. However, the forms are necessary in two formats. Some of the PDF forms are necessary to be downloaded and completed with a sign for uploading in the submission. Meanwhile, other forms have to be completed in the online format.

Before preparing to file your submission you must make sure to take a print of the document list and study it carefully. It will inform you about all the aspects that have to be included in your submission to be accepted for processing.

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Criteria for assessment of submissions

• Couple Rapport
• Co-habitation (or its absence)
• Duration of relationship (24 months and less need extra documents)
• Divergence in religion, or class (Example: Indian, Pakistani relations)
• Age variation
• Divergence in education
• Cultural divergence

Reasons for refused submissions

• Obsolete / Inaccurate Forms adaptation (8 - 10 in total)
• Wrongly answering queries: (roughly 200 total)
• Leaving questions unanswered/blank / not to use "N/A" where appropriate
• Missing necessary Documents / Forms / Evidence
• Inaccurate snap specifications: no Date taken, D.O.B, Studio Name, too much /too small white space near head
• Inaccurate amount paid or not integrated in submission
• Assimilation of the "guarantor" and the "key aspirant"
• Nation Specific obligations incorrect or not included

Immigration Attorneys at Nationwide Visas are completely conscious of the challenges that are faced by Spousal Sponsorship aspirants. More frequently, the submissions that are prepared by the aspirants on their own are weak and Immigration Officers are not sure about the authenticity of the relationship itself. It can end result in an interview request for both, a letter for procedural fairness seeking added substantiation with more explanation, or negation outright. The situation of each family is unique and thus each submission will need fulfillment of different factors to be regarded as complete.

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Nationwide Visas has supported thousands of successful submissions for Spouse Visa for Canada from India. For any aid with Canada Spouse Visa or Dependent Visa Canada submissions connect with our Immigration Attorneys who are the Best Immigration Consultant in Delhi.

Read More: Can I bring my family to Canada on a Study Visa?