Spouse and Common-Law Partner Sponsorships – Interviews
Immigration officers will request an in-person interview if they suspect a “bad faith” relationship.
Similar to family sponsorship or parent sponsorship, spousal sponsorship and common-law partner sponsorship applications are among the most common Canadian immigration applications and fulfill an important objective of the Immigration and Refugee Protection Act (IRPA).
Officers must assess whether the relationship between the partners/spouses is genuine. If the relationship appears to be fabricated, the application will likely be refused according to section R4(1) of the Immigration and Refugee Protection Regulations (IRPR):
Bad faith
4 (1) For the purposes of these Regulations, a foreign national shall not be considered a spouse, a common-law partner, or a conjugal partner of a person if the marriage, common-law partnership, or conjugal partnership.
• (a) was entered into primarily for the purpose of acquiring any status or privilege under the Act; or
• (b) is not genuine.
This article will refer to such cases as bad-faith relationships.
Officers usually exercise procedural fairness when processing sponsorship applications and would only request an in-person interview if there was suspicion of bad faith or criminality, or if the applicant had a prior immigration history.
Visa officers can also request an interview if they receive potentially damaging information regarding an application, messages commonly referred to as “Poison-Pen letters.”
Scheduled interviews for those who plan to migrate to Canada are uncommon, but if requested, are held in Canada (for applications being processed under the Spouse/Common-Law Partner Canada Class (SCLPC)) or overseas at a Canadian high commission/embassy or consulate close to the applicant’s country of residence.
That said, I have had clients undertaking spousal sponsorship when moving to Canada who appeared to be selected at random for interviews for quality assurance purposes in which they were asked questions already available on their forms; identification was confirmed within ten to fifteen minutes.
Applications under the SCLPC require that both the sponsor and applicant are cohabitating in Canada and are therefore expected to attend their interview in Canada. Interviews scheduled overseas do not require the sponsor to attend but I would nevertheless recommend it since it shows a level of commitment to the relationship.
Overseas interviews are requested three or four weeks prior, while local interviews are sometimes requested only a week prior. A client must be properly prepared by counsel for any upcoming interview regardless of the amount of notice given. If an applicant cannot attend, a request for a new date is usually granted when a fair explanation is provided.
Experienced counsel can determine how the interview will be conducted based on initial application information. The interview convocation letter will have the date, time, and location of the interview and the information and documentation required of the applicant and/or sponsor. If more evidence is requested, the officer probably suspects a bad-faith relationship.
As indicated above, interviews can last anywhere from ten to fifteen minutes or three to four hours. Officers will generate questions on the development of the relationship to assess its legitimacy.
If both the applicant and sponsor are present, they will be asked similar questions in separate rooms and will be reconvened to assess discrepancies in their answers. Most discrepancies are explainable in many cases.
To give you an idea, here are a sample of questions asked at previous interviews. Officers reserve the right to ask any question they deem appropriate (within reason) regarding the truth of a relationship.
• How did you first meet (date, place, time, etc.)?
• What was your first (second, third) date like? Please provide details.
• How do you feel about the differences in age between the two of you?
• Do you follow a religion? If so, which one? Does your spouse share the same views? If not, what religion do they follow?
• When was the last time you spoke with your spouse? What did you talk about?
• If approved, where do you and your spouse plan on living?
• Describe your home. How many bedrooms does it have?
• Do you and your spouse have an intimate relationship?
• What side of the bed do you sleep on (if you sleep with each other)?
• What colour is your bedroom? Do you have any pictures on your bedroom walls?
• What did you eat this morning?
• Do you have joint credit cards?
• What do you do for a living and how long have you been doing it?
• How much does your spouse earn?
• Where is your salary deposited?
• What are your spouse’s views on having children?
• What are you and your spouse’s views on contraception?
And so on …If both parties are in a genuine, mutually committed, and cohabiting relationship, the answers would mostly match. However, if there is no cohabitation, which is considered a fundamental aspect of any relationship, most of the answers given will not match.
Of course, numerous factors may be involved in an officer’s decision to convoke an interview and your counsel can guide you on what to expect.
Q&A
Q1: What is a common-law partner?
A1: A common-law partner is someone who has been in a conjugal relationship with another person for at least one year.
Q2: Is the interview for the common-law partner mandatory?
A2: Yes, the interview for the common-law partner is mandatory and must be conducted by a visa officer.
Q3: What documents should I bring to the interview?
A3: You should bring proof of your relationship such as photos, joint bank statements, and other documents. You should also bring your valid travel documents.
Q4: What happens if I fail the interview?
A4: If you fail the interview, the visa officer will determine whether you can still be sponsored. If you cannot be sponsored, the application process will be terminated.
Q5: Can I bring a lawyer to the interview?
A5: Yes, you can bring a lawyer to the interview. However, the lawyer cannot speak on your behalf or answer any questions.
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