When a spousal sponsorship application filed outside Canada is refused, the refusal almost always comes as a shock to families. After months—or even years—of waiting, couples suddenly find themselves separated and confused about what went wrong.
In many of these cases, applicants do have an important legal remedy: the right to appeal to the Immigration Appeal Division (IAD). However, what most clients do not realize is that the appeal can fail for the very same reason the application was refused in the first place.
At Fateh Law Corporation, we consistently see one recurring and costly mistake.
The Biggest Mistake: Failing to Fix the Applicant’s Testimony
Most outland spousal sponsorship refusals occur after a failed interview at a Canadian visa office abroad.
For Indian applicants, these interviews are conducted at the Canadian High Commission in New Delhi.
The refusal is rarely based on documents alone. Instead, it is usually driven by:
- Inconsistencies in answers
- Poor explanations about the relationship
- Nervous or unclear testimony
- A misunderstanding of what the officer is actually assessing
These interview notes become the core evidence relied upon by the visa officer to conclude that the marriage is not genuine or was entered into primarily for immigration purposes, often citing section 4 of the Immigration and Refugee Protection Regulations (the “bad faith marriage” provision).
Unfortunately, many clients make the fatal mistake of assuming that simply filing an appeal is enough.
It is not.
The Appeal Is a Second Chance — But Only If You Prepare Properly
At the Immigration Appeal Division, both parties testify:
- The sponsor in Canada (the appellant)
- The spouse abroad (the applicant)
They testify under oath before:
- An IAD Member, and
- Minister’s Counsel, whose role is to challenge credibility and highlight inconsistencies.
If the applicant is not properly prepared, they often:
- Repeat the same answers given at the visa interview
- Reinforce the same inconsistencies
- Undermine their own credibility
When this happens, the appeal almost always fails.
How Fateh Law Corporation Handles Spousal Sponsorship Appeals Differently
At Fateh Law Corporation, we do not treat an IAD appeal as a paperwork exercise.
We treat it as a full litigation process, where testimony is the deciding factor.
1. Deep Analysis of the Visa Interview Refusal
We carefully analyze:
- The GCMS notes
- The visa officer’s credibility concerns
- How section 4 (bad faith marriage) was applied
We then explain to our clients what the law actually requires, not what applicants assume it requires.
2. Detailed Affidavit Preparation from India
We prepare a comprehensive affidavit for the applicant abroad, covering:
- The development of the relationship
- Cultural and family dynamics
- Communication history
- Marriage circumstances
- Post-marriage contact and future plans
This affidavit is submitted in advance to the Immigration Appeal Division, allowing the Member to understand the relationship before testimony even begins.
3. In-Person Testimony Preparation in India
This is where we are truly unique.
📍 Fateh Law Corporation is permanently present in Chandigarh, India
For cases refused by the New Delhi Visa Office, this allows us to:
- Prepare applicants in person, not over rushed video calls
- Conduct mock questioning similar to IAD hearings
- Identify weak answers and correct them legally and factually
- Ensure the applicant understands why certain answers caused problems previously
4. Ground-Level Evidence Collection
We also gather direct evidence from India, including:
- Supporting affidavits from family members
- Relationship and marriage documentation
- Cultural and community evidence
This type of evidence significantly strengthens the appeal and demonstrates genuineness beyond doubt.
Over 12 Years of Advocacy Experience
Mr. Navratan Fateh has over 12 years of experience arguing cases before:
- The Immigration Appeal Division, and
- The Federal Court of Canada
We understand how Members assess credibility, how Minister’s Counsel cross-examines applicants, and how appeals are truly won.
Don’t Let a Bad Interview Become a Failed Appeal
A spousal sponsorship appeal is often your last meaningful opportunity to reunite your family without starting over.
⚠️ Do not repeat the same mistakes made at the visa interview.
⚠️ Do not rely on incomplete preparation or generic advice.
A weak applicant testimony can destroy even a genuine marriage case.
Why Clients Trust Fateh Law Corporation
- Proven experience in spousal sponsorship appeals
- Unique in-person presence in Chandigarh, India
- Specialized focus on New Delhi visa refusals
- Litigation-driven, evidence-based approach
If your spousal sponsorship application has been refused and you are considering an appeal, proper preparation makes all the difference.
Trust Fateh Law Corporation to protect your appeal — and your family’s future.
📩 Contact us today before you make the same mistake again.
