Married online or by proxy and the sponsorship was refused: why, and the routes that still work

By Prabhpreet Kaur Sangha, lawyer at Lawgical Law Corporation · Reviewed November 10, 2026

Published November 10, 2026

Prabhpreet Kaur Sangha is a lawyer at Lawgical Law Corporation, called to the BC bar in 2019, and a member of the Law Society of British Columbia.

Updated November 10, 2026: section 5 of the Regulations checked that day.

If you married by video call, by telephone, or with someone standing in for one of you, IRCC will not treat you as spouses for sponsorship, even if the marriage is legal where it took place. Section 5 of the Regulations excludes a marriage where either spouse was not physically present at the ceremony. The relationship can still be real. The way forward we usually take is to apply again under the conjugal partner category, using the evidence of the relationship. Other routes are a common-law partnership after a year living together, or a new ceremony with both of you present.

Lawgical Law Corporation, an immigration law firm in Surrey, Abbotsford and Vancouver, BC, prepares spousal sponsorships and appeals refused sponsorships to the Immigration Appeal Division; this guide is by Prabhpreet Kaur Sangha.

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What does section 5 say?

Section 5 of the Regulations says a foreign national is not considered a spouse if, “at the time the marriage ceremony was conducted”, “either one or both of the spouses were not physically present”. The only exception is a person absent because of service in the Canadian Forces. Separately, a marriage must be valid both where it took place and under Canadian law.

So the problem is not whether the marriage is genuine. It is that the rules do not count it.

Why this needs a lawyer

One lawyer, one file, every step:

• deciding whether to appeal or start again;
• choosing the right category for the new application;
• building the evidence for that category;
• dealing with any concern about the genuineness of the relationship.

Immigration lawyers are members of a provincial law society (in our case, the Law Society of British Columbia), and only lawyers can appear for you in the Federal Court.

Reconsideration is often suggested by people who cannot represent you at the appeal. It is discretionary, rarely changes the result and does not stop the appeal deadline.

What are my options?

1. Apply again as a conjugal partner. This is what we usually advise after a section 5 refusal. The application has to show a committed relationship of at least a year and why you could not live together or marry in person.
2. Common-law partner, if you have lived together for at least one year.
3. Marry again with both of you present, in a ceremony valid where it takes place, and sponsor on that marriage.
4. Appeal to the Immigration Appeal Division within 30 days, only if the officer got the facts wrong, for example if you were in fact both present.
5. Reconsideration request. Discretionary, rarely changes the result and does not stop the appeal deadline.

Online and proxy marriages at a glance

Worked example: the next step

Example. A man in Surrey married his partner abroad by video call during a travel ban, after two years of a committed relationship and visits that were cut short by visa refusals. The sponsorship was refused under section 5. They had never lived together. He sponsors her again as a conjugal partner, with evidence of the relationship over time and of the barriers that kept them from living together or marrying in person.

What a new application should show

• For conjugal partners: at least a year of a committed relationship, and proof of what stopped you living together or marrying in person (visa refusals, legal or other barriers).
• Your relationship history, including the earlier online ceremony, disclosed honestly.
• Contact over time: messages, calls, visits.
• For common-law: a year of living together, shown with a shared address.

Mistakes I have seen

• I have seen couples reapply on the same online marriage hoping for a different officer.
• I have seen couples leave the earlier ceremony out of the new application. That raises honesty concerns.
• I have seen conjugal partner applications filed without real proof of a barrier to living together.

Frequently asked questions

My online marriage is legal in my country. Does that help?

No. Section 5 applies even where the marriage is legally valid, if either spouse was not physically present.

Do we need to marry again?

Not necessarily. After a section 5 refusal we usually apply again under the conjugal partner category rather than arranging a new ceremony.

Does the refusal affect the new application?

It is part of your history and should be disclosed. It does not by itself stop a new application on a valid basis.

Related guides

See our guides on appealing an outland spousal refusal, sponsoring a common-law partner and sponsoring while living abroad.

What should I do right now?

Write down the date you received the refusal decision. Unless the facts were wrong, plan a new application as a conjugal partner, and start gathering proof of your relationship over time and the barriers to living together.

Book a consultation with our immigration lawyers in Surrey, Abbotsford or Vancouver, or online from anywhere.

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Sources (official)

• Immigration and Refugee Protection Regulations, s. 5 (current to October 19, 2026)
• Immigration and Refugee Protection Act, s. 63

This article is general information, not legal advice. Every case depends on its own facts.