Spousal Sponsorship Refused as "Not Genuine"? What Officers Look At in 2026
Updated: Oct 26
The short answer: Under Canada's immigration regulations, a spouse or partner does not qualify if the relationship is not genuine, or if it was entered into mainly to gain a status or privilege under the immigration law. According to IRCC, an officer only needs to find one of those two problems to refuse. Strong, consistent evidence and honest answers to the officer's concerns are your best tools. If you are refused, the deadlines to act are short.
What is the legal test for a "genuine" relationship?
The rule sits in section 4 of the Immigration and Refugee Protection Regulations. It says a foreign national is not treated as a spouse, common-law partner or conjugal partner if the relationship fails the test.
The test has two parts. IRCC's own bulletin explains that since September 30, 2010, either one is enough for a refusal:
The relationship is not genuine, or
The relationship was entered into primarily to gain a status or privilege under the Act (for example, permanent residence).
Notice the word "or." A couple can be sincere today but still be refused if the officer believes the main reason for the relationship at the start was immigration.
What is a "bad faith" relationship?
"Bad faith" is commonly used for a finding under section 4(1): the relationship was entered into primarily to gain status or privilege, or is not genuine. Section 4.1 is a separate, narrower rule about a relationship that ended and then resumed to gain status or privilege. In that case the person is not treated as a spouse or partner.
IRCC says section 4.1 applies whoever is trying to gain the advantage: the sponsor, the person being sponsored, or someone else.
What do officers look at?
IRCC does not publish a simple checklist that works as a score. Officers look at the whole picture. Its guidance on assessing relationships points to evidence like this:
A completed relationship questionnaire (form IMM 5532).
Proof of a valid marriage, or proof that a common-law couple lived together for at least one year.
Proof that earlier marriages or partnerships ended.
Wedding photos and invitations, if you married.
At least two sets of joint documents, such as a shared lease, joint accounts, shared insurance or government papers with the same address.
Proof of contact, visits and shared time if you live apart.
A written explanation if you cannot provide something.
IRCC's older operational manual (2006) also describes signs of a real partnership, such as shared finances, social recognition as a couple, knowing each other's circumstances and plans for a shared future. It also tells officers to think about culture and local customs. Treat this as background, because it is an older document.
Officers must also check that documents are not fraudulent. A false or misleading statement can lead to a separate finding of misrepresentation. A misrepresentation finding under section 40 of the Act can make a person inadmissible for five years and can lead to refusal.
What concerns do officers commonly raise?
Refusal letters are different in every file. Common concerns can include:
Timeline gaps, such as unclear dates for when you met or began living together.
Little proof of shared life, or proof that does not match your story.
Answers that differ between sponsor and applicant at an interview.
Missing proof that a past relationship ended.
Documents that look altered or do not agree with each other.
Our post on common refusal reasons goes deeper on patterns. This post focuses on the legal test and your evidence.
What if the officer has concerns before a decision?
An officer may ask more questions, request a supplementary questionnaire (IMM 5526) or schedule an interview. IRCC says it keeps notes of the questions and answers in an interview.
Sometimes the officer will give you a chance to respond (procedural fairness), but not always. Do not count on receiving a warning. Put your best evidence in the original application. If you do receive a letter, read our guide on the procedural fairness letter for what to do with it.
Good responses are:
On time. Use the deadline in the letter.
Specific. Answer each concern one by one.
Backed by documents. Add dated records, not only statements.
Honest. If something was wrong or missing, explain it plainly.
For common-law couples, see how to prove a common-law relationship.
What can you do after a refusal?
First, read the refusal letter and officer notes carefully. Then choose a path with advice.
Outside Canada: IRCC says the sponsor may appeal to the Immigration Appeal Division of the IRB. The IRB says it must receive your notice of appeal and required documents within 30 days of getting the refusal letter.
Inside Canada (spouse or common-law partner in Canada class): IRCC says there is no appeal right for this class.
Federal Court judicial review: Judicial review is a Federal Court process that requires leave and has very short deadlines. An RCIC cannot represent you in that court, so speak to a lawyer immediately.
New application: Sometimes a fresh application with stronger evidence makes sense. It depends on why you were refused.
More choices are in our post on options after a spousal sponsorship refusal.
Who does this affect?
Sponsors and partners who received a refusal that mentions the relationship not being genuine.
Couples who received a procedural fairness letter or interview request.
Couples with limited shared documents, such as long-distance partners.
People preparing a first application who want to avoid concerns.
What should you do?
Read the full refusal or concern letter and note every reason and deadline.
Collect dated proof of your relationship timeline, communication, visits and shared life.
Make sure your forms, dates and statements agree with each other.
Answer every concern directly, with documents.
If refused, check appeal deadlines right away.
Get advice from a licensed RCIC or lawyer. Use a lawyer for Federal Court.
Frequently asked questions
Can I be refused if our relationship is real?
Yes, if the officer finds the evidence does not show a genuine relationship or concludes it was mainly entered into for immigration purposes. Clear evidence helps the officer see the full picture.
What is the difference between "not genuine" and "bad faith"?
"Not genuine" is one part of the test in section 4(1). "Bad faith" is commonly used for a finding that the relationship was entered into primarily to gain status or privilege, or is not genuine. Section 4.1 is a separate, narrower rule about a relationship that ended and then resumed.
Can I submit more documents after a refusal?
A refusal decision has been made, so extra documents do not simply reopen the file. An appeal or a new application may let you present stronger evidence. Get advice on which fits your case.
Do I need a lawyer to appeal?
A lawyer or a licensed RCIC can represent you at the IAD. Only a lawyer can represent you in Federal Court. Appeals to the IAD also have strict rules, so get advice early.
Key takeaways
The test is "not genuine" or "entered into primarily for immigration purposes." One is enough.
Officers look at the full picture, not a single document.
Consistent, dated evidence matters more than volume.
Answer concerns on time, honestly and with documents.
After a refusal, check IAD or court deadlines right away.
The bottom line
A refusal for "not genuine" feels personal, but the test is about evidence. Know the legal test, tell one consistent story, and act fast on deadlines. No outcome is guaranteed, so get advice that fits your file.
Need help with a spousal sponsorship refusal? E-Pathway Immigration, led by Domonic Cheung, RCIC in Vancouver, can review your situation. Book a case review.
More spousal sponsorship guides: Spousal and common-law sponsorship in Vancouver · Spousal sponsorship guide hub
Last reviewed: October 2026
Sources: Operational Bulletin 238 (Nov. 16, 2010, background), https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/bulletins-2010/238-november-16-2010.html; IRCC, Assessing the relationship between spouses or common-law partners (modified 2019-01-02), https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/permanent-residence/non-economic-classes/family-class-determining-spouse/assessing-relationship.html; IRCC, OP 2 Processing Members of the Family Class (2006), https://www.canada.ca/content/dam/ircc/migration/ircc/english/resources/manuals/op/op02-eng.pdf; IRCC, Sponsor your spouse, common-law partner, conjugal partner or dependent child, Complete Guide IMM 5289 (modified 2026-04-23), https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/guide-5289-sponsor-your-spouse-common-law-partner-conjugal-partner-dependent-child-complete-guide.html; IRCC, After you apply (modified 2026-07-28), https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/family-sponsorship/spouse-partner-children/track-update-application.html; Immigration and Refugee Board, Step 1: File your Notice of Appeal (updated 2026-09-24), https://irb-cisr.gc.ca/en/making-immigration-appeal/Pages/immapp-a2.aspx; Immigration and Refugee Protection Regulations, section 4(1) (primary authority), https://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-227/. Page dates are as shown on each page.
This article is for informational purposes only and does not constitute legal or immigration advice. Consult a licensed RCIC or immigration lawyer for your specific situation.
About the author
Domonic Cheung is a Regulated Canadian Immigration Consultant (RCIC), licence R711344, with E-Pathway Immigration in Vancouver, BC. You can verify his licence on the College of Immigration and Citizenship Consultants (CICC) public register.
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