Spousal Sponsorship Refused? Your Appeal and Reapply Options
A refusal is not always the end. If your spouse applied from outside Canada, you can appeal to the Immigration Appeal Division within 30 days. If they applied from inside Canada, there is no appeal, but you can ask the Federal Court to review the decision or file a new application. We read your refusal letter and tell you which route fits.
since 1991
Which refusal route applies to you?
Appeal, ask for review, or reapply?
You have three options. You can appeal an outland refusal, ask the Federal Court to review an unfair decision, or reapply with a stronger file. The deadlines are short, so pick your route within days of the refusal.
Key rules at a glance
Which option fits your case?
Pick the situation that matches yours.
An appeal fits if
Your spouse applied from outside Canada and the visa office refused the permanent resident visa. You are the sponsor. You can still file within 30 days of receiving the refusal.
Reapplying fits if
The refusal came from missing proof or a gap you can now fix. You have no misrepresentation finding. A new file can add the evidence the officer wanted.
Not sure? Read the outland guide, the inland guide or the inadmissibility and refusals page.
Why spousal applications get refused
Most refusals fall into five groups. Source: IRPA, IRPR and IRCC.
Relationship not genuine
Under IRPR s.4(1), a spouse or partner does not count if the relationship was not genuine or was entered into mainly to gain status. This is the most common reason. Weak proof of a shared life is the usual trigger.
Misrepresentation
A false statement or missing fact can lead to a finding under IRPA s.40. The result is a 5 year ban from Canada. Always check your forms for errors before you sign.
Sponsor not eligible
You must be 18 or older, a citizen, PR or registered Indian, and live in Canada. Some bars apply, such as an unpaid undertaking. A refusal on this ground is about you, not your spouse.
Admissibility problems
Your spouse can be refused for medical, criminal or security reasons. Read our criminal inadmissibility guide if this applies. Some of these issues can be overcome.
Missing or unclear documents
An officer may refuse when forms or proof are missing, or when answers do not match. Fixing this gap is often the reason a new application succeeds. Read the refusal letter line by line.
Not sure which option fits?
We read your refusal letter and officer notes before you spend a dollar on a new fee.
Deadlines you cannot miss
IAD appeal: 30 days
The IAD must receive your notice of appeal and all documents within 30 days of you receiving the refusal. Send the notice of appeal for sponsorships, the refusal letter and the officer decision notes if you have them.
IRPA s.72(2)(b) sets 15 days for a matter arising in Canada and 60 days for one arising outside Canada. You must ask for leave first. A judge can allow more time only for special reasons.
A new application has no appeal clock, but each day apart costs you time together. Reapply once you can answer every reason in the refusal. A misrepresentation ban blocks a new file for 5 years.
Documents to gather
Start with these before you file anything.
How a refusal appeal works, step by step
Six stages from the refusal letter to a new decision.
Read the refusal
Read the letter and officer notes. Note each reason, and whether your spouse applied inland or outland.
Choose your route
Pick appeal, Federal Court review or a new application. The deadline clock starts when you get the refusal.
Protect the deadline
Mark 30 days for an IAD appeal, or 15 or 60 days for the Court. Act in the first week.
File your documents
File the notice of appeal with the refusal letter and notes. Keep your contact details current, or the IAD can dismiss the appeal.
Prepare your evidence
Add proof that answers each refusal reason, and ask the IAD about disclosure rules. You may be offered a dispute resolution meeting.
Hearing and decision
If the IAD allows the appeal, IRCC resumes your spouse’s application. If it dismisses the appeal, the refusal stands.
Costs and timelines
From the IRCC fee list updated 21 September 2026. Last updated: October 2026.
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Spousal sponsorship refusal FAQs
Can I appeal a spousal sponsorship refusal?
Yes, if your spouse applied from outside Canada. As the sponsor, you can appeal to the Immigration Appeal Division under IRPA s.63(1). Your spouse cannot file the appeal.
How long do I have to appeal?
You have 30 days. The IAD must receive your notice of appeal and all documents within 30 days of you receiving the refusal. A late filing can end your appeal.
Can I appeal an inland spousal refusal?
No. A refusal of a spouse in Canada has no IAD appeal, because the right to appeal covers a refused permanent resident visa. Your options are Federal Court review or a new application. See our inland sponsorship guide.
What does the IAD look at?
The IAD can allow an appeal if the decision was wrong in law or fact, if natural justice was not followed, or if humanitarian and compassionate reasons justify relief (IRPA s.67). It also weighs the best interests of any child affected. These are different tests, so we match your evidence to each. Separate from an appeal, people living in Canada can also ask for an exemption through an H&C application guide.
What happens at the IAD hearing?
You file, share your evidence, may join a dispute resolution meeting, and attend a hearing. If the appeal is allowed, IRCC resumes your spouse’s application. If it is dismissed, the refusal stands.
What is Federal Court judicial review?
It is a review of whether the decision was fair and reasonable. The Court does not make a new decision. It either upholds the refusal or sends the file back for a new decision.
What is the deadline for Federal Court review?
It is 15 days for a matter arising in Canada and 60 days for one arising outside Canada (IRPA s.72(2)(b)). You also need leave from the Court. Extra time is allowed only for special reasons.
Should I reapply instead of appealing?
Reapply when the refusal came from missing proof you can now supply. Appeal when you believe the officer was wrong or when humanitarian reasons apply. We compare both against your refusal letter, and you can see the cost of a new file in our spousal sponsorship cost guide.
Why was my spousal sponsorship refused?
The common reasons are a relationship that was not genuine under IRPR s.4(1), misrepresentation, sponsor ineligibility, medical or criminal inadmissibility, and missing documents. Your refusal letter states the exact reason. Officer decision notes add detail.
What is misrepresentation and how long is the ban?
Misrepresentation is a false statement or a hidden fact that could affect the decision (IRPA s.40). A finding means a 5 year ban from Canada. Check our inadmissibility and refusals page for your options.
Can I appeal a refused visitor or work permit?
No. The IRB states that you cannot appeal the refusal of a temporary resident visa such as a visitor, student or work permit. You can reapply or ask the Federal Court to review the decision.
Where can I see how long a new file takes?
Times change often, so we keep them on one page. Check the family sponsorship processing times page before you decide.