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Genuineness Of Marriage: An Overriding Factor In The Assessment Of Spousal Sponsorship Application

Genuineness Of Marriage: An Overriding Factor In The Assessment Of Spousal Sponsorship Application

Sponsoring your spouse or common-law partner in Canada requires numerous formalities to be met. Coming across the news of the refusal of your sponsorship application can be displeasing. Contrary to what many people assume, they do not realize that there are other ways to appeal such denials; they mistakenly believe that the sole choice is to file a fresh sponsor application following a denial.

The very step after your sponsorship denial is to review the refusal letter. If truth be told, the Immigration, Refugees and Citizenship Canada (IRCC) does not list down the exact reasons for the refusal of your sponsorship application due to the overwhelming numbers of applications.  Much to your surprise, the sponsorship refusal rate for permanent residence is 30% on average as per the Canadian Citizenship and Immigration Resource Center (CCIRC).

However, the rejection letter poses some clues that can be helpful in strengthening your application and that’s when the role of a legal immigration professional comes into the picture. Getting in touch with an attorney after the application refusal is always a wise choice!

This blog article aims to outline the relevance of genuineness of a relationship in terms of sponsorship purposes.

How Does Genuineness Affect The Approvals Of Sponsorship Applications?

Sponsorship applications are processed by a thorough assessment of the genuineness of a relationship. The marriage is not deemed genuine when the spouses have entered into marriage for the sole reason of acquiring Canadian residence.

Genuineness holds a paramount value because of the upsurge in the fabrication of marriages and to ensure that no one is taking advantage of Canadian-friendly immigration policies.

According to section 4(1) of the Immigration and Refugee Protection Regulations (IRPR); a foreign national will not be regarded as a person’s spouse, common-law partner, or marital partner for the purposes of these regulations if the marriage, common-law partnership, or conjugal relationship was either

(a) formed primarily to obtain any status or privilege under the Act, or

(b) is not genuine.

It is pertinent to note that section 4(1) is of bifurcated nature, in other words, IRCC must be satisfied that the relationship is sincere and was not formed simply to benefit immigration.

Essential Factors To Test The Genuineness Of A Marriage

The Immigration Appeal Division (IAD) in Chavez v. Canada (Minister of Citizenship and Immigration), listed several factors in evaluating the genuineness of marriage. Among other things, the Chavez considerations include:

  • The intention of the parties to the marriage,
  • The length of the relationship and the time spent together,
  • The behavior with the spouse at the time of marriage and after the marriage
  • The degree of familiarity with each other’s prior romantic relationships.
  • The extent of imparting financial assistance between the spouses
  • The knowledge of and interaction with the parties’ extended families as well as the extent of familiarity with each other’s everyday lives
  • The level of understanding and sharing of responsibility for the upbringing of children.

In addition to this, common-law marriages also qualify as legitimate marriages for immigration purposes and can serve as the basis for a sponsorship. However, the common-law spouses have to prove that they have lived together for a period of at least one year.

Denial of an application is chaotic as it can mess up your future work or travel plans. There could be a couple of reasons for the sponsorship denial while the invalidity of marriage is a well-protected ground in family sponsorship cases.

Get In Touch With Us!

If you have any queries regarding immigration or sponsorship programs, do not hesitate to reach out to our immigration lawyers at Ayaz Mehdi Professional Corporation who can walk you through the most suitable options for you.

Disclaimer:  Kindly note that sending or receiving information through this site does not establish a solicitor-client relationship. Legal matters are fact-specific, and the law is variably changing. The views expressed and the content provided on this blog are general guidelines and cannot substitute for proper legal advice. Schedule your legal consultation by clicking here: Let’s meet!

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