When an international student receives admission to a Canadian institution, their spouse often applies for an open work permit to join them. This visa allows spouses to live, work, and build a life together in Canada during the study period. A rejection can be devastating—disrupting family plans, career opportunities, and academic success.
This guide explains the most common reasons for Canada student spouse visa rejections, your legal options after receiving a refusal, and how to strengthen a reapplication or appeal.
If your spouse visa has been refused, contact our inadmissability to Canada lawyer today.
IRCC officers assess spouse visa applications against strict criteria. Here are the primary reasons applications get rejected.
Missing or contradictory documents rank among the most frequent causes of refusal. Officers require comprehensive proof of your relationship, including marriage certificates, joint financial records, and evidence of cohabitation. When documents are absent or information conflicts across forms, IRCC questions the application’s credibility.
Financial inconsistencies also trigger rejections. If bank statements show insufficient funds to support both spouses, or if financial documents don’t align with stated income sources, officers may refuse the application.
IRCC scrutinizes relationships to prevent marriage fraud. Officers assess whether your marriage is genuine or entered into primarily for immigration purposes, examining relationship timelines, cultural context, communication patterns, and whether couples have met in person.
Red flags include very short courtships before marriage, significant age gaps without explanation, minimal documented communication, lack of knowledge about each other’s lives, or previous immigration refusals. This represents one of the most common reasons why Canadian spouse visa applications get rejected, particularly in arranged marriages or relationships that developed online.
Applicants may face refusal if they are inadmissible to Canada. Criminal inadmissibility arises from past convictions, even for minor offences. Medical inadmissibility applies when health conditions might place excessive demand on Canadian health services. Misrepresentation on previous applications creates inadmissibility lasting five years.
Financial inadmissibility, security concerns, or non-compliance with previous immigration conditions also lead to refusals. If you’re facing inadmissibility to Canada, addressing these issues becomes essential before reapplying. Lawyers can assess whether rehabilitation applications, Temporary Resident Permits, or other solutions might overcome inadmissibility barriers.
While spouses receive open work permits with temporary status, IRCC requires proof that applicants will respect Canada’s immigration laws. Officers assess whether applicants have sufficient ties to their home country or appear likely to overstay their authorization.
Weak ties—such as lack of employment, property, or family connections—can result in refusal. Officers want assurance that you understand the temporary nature of the authorization. This concern frequently appears in procedural fairness letters where officers give applicants opportunities to address these doubts before making final decisions.
Understanding the post-refusal process helps you respond effectively.
Before refusing many applications, IRCC issues a procedural fairness letter (PFL). This document outlines the concerns the officer identified and gives you a deadline—typically 7 to 30 days—to respond with additional evidence or explanations.
A procedural fairness letter is not a refusal—it’s an opportunity to address concerns before a final decision. Responses require careful strategy. You must directly address each concern raised, provide compelling evidence, and present clear legal arguments. Many applicants benefit from legal assistance at this stage, as responses significantly impact outcomes.
If you receive a PFL, treat it urgently. Missing the deadline or providing inadequate responses typically results in refusal.
Once IRCC refuses your Canada student spouse visa, you have three main paths forward.
Federal Court can send the application back to IRCC for reconsideration by a different officer. Our firm has extensive experience successfully challenging spouse visa refusals through judicial review.
Improving your application quality significantly increases approval odds.
IRCC’s refusal letter identifies specific concerns. Your response must directly address each point with precision. If the officer doubted relationship genuineness, provide detailed evidence of your relationship development, not generic statements.
Avoid repeating the same information that led to the initial refusal. Officers need new evidence or different perspectives. For marriage genuineness issues, this might include statutory declarations from family members who witnessed your relationship, detailed timelines with supporting documentation, or cultural context that explains aspects the officer may have misunderstood.
Strong reapplications include comprehensive supporting documentation.
Immigration lawyers bring expertise in identifying weaknesses in previous applications and developing strategies to overcome refusal reasons. We understand how officers assess applications and how to present your case most effectively.
Our team helps couples navigate refusals and maximize approval odds through strategic document preparation and legal arguments that address officers’ concerns directly.
Yes. The spouse visa application depends on the principal applicant’s (the student’s) valid status and compliance with study permit conditions.
If the student is not actively attending their program, faces inadmissibility issues, violated study permit conditions, or has questionable immigration status, IRCC may refuse the spouse’s application. Officers assess whether the student maintains genuine student status.
If the student faces removal from Canada or has unresolved immigration violations, the spouse cannot obtain authorization to join them. In cases where the student faces removal orders, understanding how to stop a removal order in Canada becomes essential for both partners.
Before applying, ensure the student maintains full compliance with study permit conditions and has no immigration violations on record.
Legal representation provides significant advantages in spouse visa refusal cases.
Reach out to our immigration law firm today for a strategy call. Early legal involvement often prevents repeated refusals.
Canada refuses student spouse visas primarily due to incomplete documentation, doubts about relationship genuineness, inadmissibility concerns (criminal, medical, or misrepresentation), and failure to demonstrate intent to leave Canada after studies. Officers also refuse applications when the student has status issues or when financial proof is insufficient.
If your spouse visa is rejected, first carefully review the refusal letter to understand specific reasons. Your options include reapplying with stronger evidence addressing the refusal reasons, responding to procedural fairness letters if issued, or filing for judicial review at Federal Court within 15 days if you believe the decision was unreasonable. Legal consultation helps determine the best path forward.
Processing times for spouse open work permit reapplications vary significantly based on whether you apply online or on paper and your country of residence. Current processing times typically range from 3 to 8 months, with applications from high-volume countries like India and the Philippines often experiencing longer delays. Applications made from inside Canada may process in 3 to 5 months, while outside Canada applications can take 4 to 7 months or longer. You can reapply immediately after refusal, but ensure you’ve addressed all refusal reasons thoroughly before submitting a new application to avoid repeated rejections.
No formal right of appeal exists for spouse open work permit refusals to the Immigration Appeal Division. However, you can apply for judicial review at Federal Court if the decision was legally unreasonable or procedurally unfair. The 15-day deadline for judicial review applications makes immediate legal consultation essential. Alternatively, reapplying with stronger evidence often proves more practical when refusal reasons can be directly addressed.
A spouse visa refusal appears on your immigration record and requires disclosure on future applications. However, refusals don’t automatically result in future rejections if you properly address the original refusal reasons. Misrepresentation findings carry serious consequences, potentially barring you from Canada for five years. Thoroughly addressing refusal reasons in subsequent applications helps prevent negative impacts on future immigration plans.
