When Family Sponsorship Does Not Go as Planned
Family sponsorship is often discussed in simple terms: a Canadian citizen or permanent resident sponsors an eligible spouse, partner, child, parent or other qualifying relative.
In reality, many people seek professional assistance after the straightforward approach has already failed.
A sponsorship application may have been refused. A couple may have difficulty proving a relationship that they know to be genuine. A family may have submitted an application more than once without understanding why the concerns continue to arise.
Others may already anticipate difficulties because their circumstances do not fit neatly into the usual pattern.
This is where a family sponsorship case requires more than simply completing forms and gathering documents.
The first step is to understand the problem.
When an Application Has Been Refused: Do Not Simply Start Again
A refusal can create an understandable sense of urgency.
The natural reaction may be to submit another application as quickly as possible, often with additional photographs, messages and documents.
However, submitting more documents does not necessarily address the reason the application was refused.
Before deciding what to do next, an important question must be answered:
Why was the application refused?
The issue may relate to:
- The sponsor’s eligibility;
- The eligibility of the person being sponsored;
- The category under which the relationship was presented;
- Concerns about the genuineness of the relationship;
- Insufficient or poorly organized evidence;
- Inconsistencies in the application;
- Admissibility issues; or
- Another issue specific to the circumstances of the case.
The appropriate solution depends on the actual reason for the refusal.
A new application should not simply repeat the weaknesses of the previous application.
IRCC advises applicants of the reason for a refusal and, where applicable, information regarding appeal rights. Importantly, appeal rights may differ depending on the sponsorship class.
Breaking the Rejection Loop
One of the most difficult situations occurs when a family enters a cycle of repeated applications and repeated refusals.
An application is refused.
Another application is submitted.
More evidence is provided.
The underlying concern, however, remains unaddressed.
The result may be another refusal.
This is what can become a rejection loop.
The problem is not always a lack of documents.
Sometimes, the problem is that the documents do not address the actual concern.
For example:
- More photographs may not resolve inconsistencies in a relationship history.
- More messages may not establish eligibility under the correct sponsorship category.
- Additional evidence may not resolve a problem with the sponsor’s eligibility.
- Repeating the same explanation may not address concerns that arose from conflicting information.
The solution must address the reason for the problem—not simply increase the volume of evidence.
This requires a careful review of the previous application, the information submitted and the reason for the decision.
Is the Problem the Relationship—or the Evidence?
This distinction can be particularly important in spousal and partner sponsorship.
A couple may genuinely believe that their relationship is being questioned unfairly.
However, from an immigration perspective, there can be a difference between:
A genuine relationship, and
An application that successfully demonstrates and explains the relationship.
The difficulty may arise where the relationship does not follow a conventional pattern.
For example:
- The couple has spent long periods living apart;
- The relationship developed primarily at a distance;
- The couple married relatively quickly;
- They have spent limited physical time together;
- There are significant differences in age, culture or background;
- Family involvement has been limited or unusual; or
- The available evidence does not clearly explain how the relationship developed.
These circumstances do not automatically mean that a relationship is not genuine.
However, they may require the relationship to be explained clearly and supported with relevant evidence.
The objective is not simply to submit as many documents as possible. It is to allow the decision-maker to understand the relationship in its proper context.
Could the Wrong Sponsorship Category Be the Problem?
Sometimes, the difficulty begins before the application is submitted.
A couple may know that they are in a committed relationship but may not understand which legal category applies to them.
Canadian family sponsorship distinguishes between a:
- Spouse;
- Common-law partner; and
- Conjugal partner.
These categories are not interchangeable.
For example, a common-law relationship generally requires continuous cohabitation in a conjugal relationship for at least 12 months. A conjugal partner category has its own specific requirements and is not simply an alternative for every couple who has not lived together long enough to establish a common-law relationship.
The correct question is therefore not only:
“Is our relationship genuine?”
It may also be:
“Does our relationship meet the legal requirements of the category under which we are applying?”
A genuine relationship does not eliminate the need to meet the requirements of the applicable sponsorship category.
Is the Sponsor Eligible?
Sometimes the focus is entirely on the person being sponsored.
However, family sponsorship involves two sides of the application.
The person seeking to sponsor must also be eligible.
For example, sponsor eligibility can be affected by previous sponsorship obligations, outstanding financial obligations, certain criminal convictions, receipt of social assistance in circumstances that affect eligibility, bankruptcy or other circumstances.
Before proceeding, two questions should be considered:
Is the family member eligible to be sponsored?
and
Is the person seeking to sponsor them eligible to act as a sponsor?
Sometimes the answer to the problem is found on the sponsor’s side rather than the applicant’s side.
What Are the Main Family Sponsorship Options?
Once the central problem has been identified, it is useful to understand the main categories available.
Canada’s family sponsorship system includes several categories, subject to specific requirements.
Spouses and Partners
Eligible sponsors may be able to sponsor:
- A spouse;
- A common-law partner; or
- A conjugal partner.
The relationship must meet the requirements of the applicable category.
Dependent Children
Eligible dependent children may be sponsored, subject to the applicable definition and requirements.
Parents and Grandparents
Parents and grandparents may be sponsored through the applicable program when the program is available and the sponsor meets the relevant requirements. IRCC currently lists the Parents and Grandparents Program as paused.
Other Relatives
The ability to sponsor relatives outside the usual categories is limited and subject to specific rules.
The fact that a person is a sibling, aunt, uncle or another relative does not automatically create a sponsorship opportunity.
When the Family Member Does Not Fit the Usual Category
This is another area where families can become frustrated.
A person may ask:
“If I can sponsor my spouse, why can’t I sponsor my brother or sister?”
Or:
“My aunt has no one else. Can I bring her to Canada?”
The answer depends on the specific provisions governing the relationship.
Canadian immigration law does not provide a general ability to sponsor any relative.
There are limited provisions for certain relatives and specific circumstances. Therefore, the existence of a family relationship alone is not enough.
The relevant question is not simply whether the person is family. It is whether that particular relationship falls within an available sponsorship category.
Dependent Children: Details That Can Create Unexpected Problems
Dependent children may appear to be one of the simpler categories, but complications can arise.
Questions may involve:
- Age and dependency;
- Custody arrangements;
- Consent from another parent;
- Separation or divorce;
- Whether the child will accompany the parent;
- Whether the child was properly declared in an earlier immigration application.
These details can have significant consequences.
A family member should not be treated as an administrative detail simply because they are not accompanying the principal applicant.
IRCC has specific requirements concerning the declaration and examination of family members, and these issues may affect future immigration options.
Parents and Grandparents: When Permanent Sponsorship Is Not Immediately Available
Parents and grandparents present a different type of challenge.
Families may be eligible in principle but unable to proceed because of the current intake process or other program requirements.
IRCC currently lists the Parents and Grandparents Program as paused for new sponsorship intake.
In such circumstances, families may need to distinguish between:
A permanent residence solution, and
A temporary solution that allows parents or grandparents to spend extended periods in Canada.
A Super Visa, for example, may be relevant for eligible parents and grandparents who wish to visit Canada for extended periods, although it does not provide permanent resident status.
The absence of an immediate permanent sponsorship opportunity does not necessarily mean that there are no options for family reunification in the interim.
Finding the Right Solution Requires Identifying the Right Problem
Family sponsorship is highly personal.
The circumstances may involve marriages, long-distance relationships, children, separated parents, aging parents or families who have spent years living in different countries.
For this reason, a solution should not begin with:
“Which form should we complete?”
It should begin with:
“What is the actual problem we need to solve?”
The difficulty may be:
- A legal eligibility issue;
- A problem with the sponsorship category;
- An evidentiary weakness;
- Inconsistencies in the application;
- Sponsor eligibility;
- A previous refusal;
- A family circumstance that does not fit neatly within the usual rules; or
- The temporary unavailability of a particular program.
These are very different problems and may require very different solutions.
Final Thoughts
Family sponsorship is not always straightforward.
For some families, the path is clear. For others, the difficulties only become apparent after an application is refused or when circumstances do not fit neatly within the usual categories.
When this happens, simply submitting another application may not be the answer.
The first step is to understand why the previous approach did not work.
A refusal may involve a legal issue, an eligibility problem, the wrong sponsorship category or evidence that did not adequately address the circumstances of the family.
The absence of an obvious solution does not necessarily mean that every possibility has been explored. At the same time, every possible option must be assessed against the applicable legal requirements.
When a family sponsorship case becomes complicated, the solution begins with identifying the real problem—and then determining whether there is a different and appropriate way forward.