The genuine relationship test

Topic Family immigration 🇨🇦 Verified: 2026-05

Overview

Section 4 of IRPA provides that a foreign national is not a spouse, common-law partner, or conjugal partner for immigration purposes if their relationship is entered into primarily for the purpose of acquiring a status or privilege under the Act, or if it is not genuine. Under this provision, a visa officer may find that a marriage or partnership does not qualify for family class sponsorship if the relationship is fraudulent or was entered into primarily to obtain immigration status. The burden is on the applicant to establish the genuineness of the relationship.

The s 4 test is applied in spousal and partner sponsorship assessments, both at the time of application and (for previously genuine relationships that have broken down) at the time of landing. Applications in which both parties have limited common language, short acquaintance, significant age differences, or cannot demonstrate genuine cohabitation are closely scrutinised.

A relationship may fail the s 4 test on either ground independently: (1) it is not genuine; or (2) it is genuine but was entered into primarily for immigration purposes.

Legal basis

IRPA s 4(1) — a foreign national shall not be considered a spouse, common-law partner, or conjugal partner for immigration purposes if the relationship is not genuine or was entered into primarily for immigration purposes
IRPA s 4(2) — same test applies to relationships entered into after a removal order was made
IRPR s 2 — definition of "spouse" (legally married), "common-law partner" (conjugating for 1 year), "conjugal partner" (conjugal relationship for 1 year with barrier to marriage/cohabitation)

How it works

Two-part test

A relationship fails the s 4 test if either of the following is established:

Not genuine: the relationship does not have the hallmarks of a genuine intimate partnership — the parties do not know each other well, do not communicate, do not share a life or plans for the future, or the marriage was a transaction rather than a genuine union
Entered into primarily for immigration purposes: even if the relationship has some genuine elements, if the primary motivation of one or both parties was to obtain immigration status, it fails the test. A genuine emotional attachment is not sufficient if immigration was the dominant purpose

How officers assess genuineness

Officers assess genuineness by examining:

How the parties met and the development of the relationship
Knowledge of each other's families, backgrounds, and daily lives
Communication (frequency, content, method)
Financial interdependence and support
Evidence of cohabitation or visits
Evidence of future plans together
Consistency between the parties' accounts
Timing of the relationship relative to the immigration application
Whether a previous relationship ended shortly before this relationship began

The 5-year bar for previously sponsored spouses

Under the IRPR, a person who was themselves sponsored as a spouse or partner within the preceding 5 years is barred from sponsoring another spouse or partner. This rule prevents "chain sponsorship" and addresses a pattern of immigration fraud involving successive spousal sponsorships.

Burden and standard

The applicant bears the burden of satisfying the officer that the relationship is genuine and not primarily for immigration purposes. The standard is balance of probabilities. If the officer has doubts about genuineness, they must give the applicant an opportunity to address those concerns before refusing (procedural fairness obligation).