GCMS Notes for Spousal Sponsorship

The section 4 test: genuine, and not primarily for immigration

Under section 4 of the Immigration and Refugee Protection Regulations, a foreign national is not considered a spouse, common-law partner or conjugal partner if the relationship "(a) was entered into primarily for the purpose of acquiring any status or privilege under the Act; or (b) is not genuine".^[1] The two limbs are assessed differently. Whether the relationship is genuine is judged at the time of the decision; whether it was entered into primarily for immigration is judged at the time it began. A couple can lose on either. The GCMS notes show which limb the officer relied on and the facts behind it, which determines whether new evidence of the current relationship can help, or whether the concern is about how the relationship started.

Excluded relationships under section 117(9)

Some refusals have nothing to do with genuineness. Section 117(9) of the Regulations excludes, among others, a spouse where either party was already married to someone else at the time of the marriage, a marriage where one or both spouses were not physically present at the ceremony (with a narrow exception for Canadian Forces members), and a family member who was not examined when the sponsor obtained their own permanent residence.^[2] That last exclusion, paragraph 117(9)(d), is the one that surprises sponsors most: if you did not declare or have your spouse examined when you immigrated, they generally cannot be sponsored later in the family class, subject to the relief in subsection 117(10).^[2] The notes show whether the refusal was a 117(9) exclusion, which cannot be fixed by evidence of a happy marriage, or a section 4 finding, which can be.

Refused as a sponsor

The sponsor is assessed first. IRCC requires a sponsor to be at least 18, a Canadian citizen, permanent resident or person registered under the Indian Act, living in Canada or intending to, and not disqualified. Disqualifications include having been sponsored as a spouse and "became a permanent resident less than 5 years ago", an undertaking for a previous spouse where "it hasn't been 3 years since they became a permanent resident", default on an immigration loan or court-ordered support, undischarged bankruptcy, "receiving social assistance for a reason other than a disability", certain convictions, and being subject to a removal order.^[3] When the sponsor is refused, IRCC follows the choice the sponsor made on the form: withdraw, or continue processing the sponsored person's application.^[4] The notes record the sponsor assessment separately from the applicant's, so you can see which of the two was the problem.

What the refusal letter says, and what the notes add

Inland and outland files

Both routes assess the same section 4 test, but the record looks different. Inland applicants, who live with the sponsor in Canada, may be called to "an in-person interview" with an immigration officer,^[4] and their file often includes an open work permit application processed alongside the sponsorship. Outland applicants are processed by a visa office abroad and an interview, when held, is recorded by that office. The distinction matters after a refusal: an outland refusal can be appealed by the sponsor to the Immigration Appeal Division, whereas an inland refusal cannot, leaving judicial review at the Federal Court as the remedy.^[5] The notes identify the office and the stream the file was decided in.

The interview notes

When an interview was held, the officer's record of it is the most valuable part of the file. It contains the questions asked of each spouse, the answers as the officer recorded them, and the officer's own comments on demeanour, consistency and credibility. Refusal letters summarize this in a sentence. Sponsors preparing an appeal need the record itself, because an appeal at the IAD is a fresh hearing where the couple can explain the discrepancy, and lawyers preparing judicial review need to show whether the officer's conclusion was reasonable on the answers actually given. Portions that concern other people may be redacted.^[6]

After a refusal: the sponsor's appeal and the 30-day deadline

Canadian citizens and permanent residents "whose applications to sponsor close family members to Canada have been refused" can appeal to the Immigration Appeal Division, which may allow the appeal where the decision "was wrong in law or fact", where there was a breach of natural justice, or "in some cases, on the basis of humanitarian and compassionate considerations".^[5] There is no appeal where the sponsored person was found inadmissible for serious criminality punished by six months or more of imprisonment, organized criminality, security, human or international rights violations, or misrepresentation unless the sponsored person is the sponsor's spouse, partner or child.^[5] The notice of appeal must reach the IAD within 30 days of receiving the refusal letter with reasons.^[7]

Because the deadline is short and the GCMS request takes IRCC 30 days or more,^[8] file the notice of appeal first and order the notes the same day; the record will arrive in time for the disclosure and hearing stages. Where no appeal lies, the route is an application for leave and judicial review at the Federal Court.^[9] IRCC advises applicants who received a decision note to state that they have not received the reasons, so the Court can request the complete reasons.^[6]

Ordering GCMS notes for a sponsorship

• Whose request: the sponsored person's notes are released to the sponsored person; the sponsor's own assessment to the sponsor. Order both if you want the whole picture; add the second person to the same order.
• What we need: each person's name and date of birth, the application number or UCI, and the signed consent form we provide.^[10]
• Sponsored person abroad: no Canadian status is needed; we file as the Canadian representative.^[10]
• Timeline: IRCC has 30 days to respond and may extend; 4 to 6 weeks is typical.^[8]

Frequently asked questions

Will the notes show the questions from our interview?
Yes, where an interview was held. The officer's record of the questions, the answers and the noted discrepancies is part of the file, subject to redactions concerning other people.^[6]

Can the sponsor order the sponsored person's notes?
Only with the sponsored person's own consent, because the notes are their personal information. We collect a consent form from each person included in the order.

We were refused under 117(9)(d). Is it worth appealing?
The IAD cannot set aside a 117(9)(d) exclusion on humanitarian grounds, so most sponsors in that position look at a humanitarian and compassionate PR application instead. The notes confirm that the refusal was in fact a 117(9)(d) finding and not a genuineness finding.

Does a sponsorship refusal affect a later application?
The notes remain on both files. A genuineness refusal is not permanent; a misrepresentation finding carries a five-year bar and must be addressed before any new application.

Official sources

All information on this page is based on official Government of Canada publications:

1. Immigration and Refugee Protection Regulations, section 4 (bad faith) — Justice Laws Website
2. Immigration and Refugee Protection Regulations, section 117 (family class, excluded relationships) — Justice Laws Website
3. Sponsor your spouse, partner or child: Who can apply — Canada.ca
4. Sponsor your spouse, partner or child: After you apply — Canada.ca
5. Immigration appeals — Immigration and Refugee Board of Canada
6. Explaining application refusals: Officer decision notes — Canada.ca
7. Notice of appeal — sponsorship appeal — Immigration and Refugee Board of Canada
8. How long does the Department have to respond? — IRCC
9. Apply to the Federal Court of Canada for judicial review — Canada.ca
10. Who can make a request under the Access to Information Act? — IRCC