IRCC Refusal Overturned: IAD Upholds Genuine Marriage Upon Appeal
We are delighted to share a significant victory for our client, who turned to us after their sponsorship application for their spouse and spouse’s dependent child was refused on the grounds that IRCC did not consider the marriage to be genuine. The visa officer was not convinced of the relationship, citing concerns about the over 40-year age difference between the couple, limited family integration, and suspicions that the marriage was entered primarily for immigration purposes.
Upon engaging our services, our litigation team conducted a comprehensive review of the refusal and the evidence on file. We prepared our client and their spouse to testify before the Immigration Appeal Division (IAD), ensuring that they could clearly present the history and development of their relationship.
At the hearing, both our client and their spouse testified in a credible and straightforward manner. They provided consistent accounts of how their relationship began and developed over several years through visits, regular communication, and mutual support before marrying. We emphasized that they had not rushed into marriage, that they had demonstrated ongoing commitment despite distance and other challenges, and that their evidence and witness testimony all pointed to a genuine and loving relationship.
The IAD carefully considered their testimony and the documentary record, ultimately finding that while the age gap and different family circumstances were unusual, they were not determinative. The panel concluded that the marriage was genuine and not entered into primarily for immigration purposes. The appeal was allowed, meaning our client’s sponsorship application will be reopened and continue being processed by IRCC.
We are very pleased to have secured such a positive outcome for our client, ensuring that their commitment to their spouse and step-child receives the recognition it deserves under Canadian immigration law. This success highlights our dedication to advocating for fairness and equity in immigration proceedings, even in the face of challenging cases.