Exploring the Impact of Criminal Records on Spousal Sponsorship Applications in Canada
Applying for spousal sponsorship in Canada can be a complex process, especially if the sponsor or sponsored spouse has a criminal record. Criminality is one of the factors that immigration officers consider when assessing spousal sponsorship applications, and it can significantly impact the outcome of the application.
If you or your spouse has a criminal record, it is important to understand the potential impact on your spousal sponsorship application and the options available to you. In this article, we will explore the impact of criminal records on spousal sponsorship applications in Canada and some possible solutions to overcome this hurdle.
Impact of criminal records on spousal sponsorship applications
Criminality is one of the grounds for inadmissibility to Canada under the Immigration and Refugee Protection Act (IRPA). If the sponsor or sponsored spouse has a criminal record, they may be deemed inadmissible to Canada, which can result in the application being refused.
The severity and type of criminal offence will impact the assessment of the application. For example, serious offences such as violence, sexual assault, or drug trafficking can result in a higher risk assessment and may make it more difficult to overcome the criminality ground for inadmissibility. However, less serious offences such as minor traffic violations may have a lower impact on the application.
Solutions for couples with criminal records
If you or your spouse has a criminal record, there are several solutions that you can explore to overcome the criminality ground for inadmissibility:
- Rehabilitation: If the criminal offence occurred more than five years ago, and the individual has demonstrated that they have reformed and are unlikely to reoffend, they may be eligible for rehabilitation. Rehabilitation is a process that allows individuals to overcome their criminal inadmissibility and may improve their chances of a successful spousal sponsorship application.
- Record suspension: If the individual has completed their sentence and meets certain eligibility criteria, they may be able to apply for a record suspension, which removes the criminal record from the Canadian Police Information Centre (CPIC) database.
- Humanitarian and compassionate considerations: In some cases, it may be possible to submit a humanitarian and compassionate (H&C) consideration submission with the spousal sponsorship application. This submission provides an opportunity to explain the circumstances surrounding the criminal offence and request an exemption to the criminality ground for inadmissibility.
- Consult a spousal sponsorship lawyer: If you or your spouse has a criminal record, it is important to seek legal advice from a spousal sponsorship lawyer. A lawyer can assess the specific details of your case and provide guidance on the best course of action to overcome the criminality ground for inadmissibility.
Conclusion
Criminal records can significantly impact spousal sponsorship applications in Canada. It is important to understand the potential impact and explore the available solutions to overcome the criminality ground for inadmissibility. Rehabilitation, record suspension, H&C considerations, and consulting a spousal sponsorship lawyer are all possible solutions to consider. With the right approach and legal guidance, couples with criminal records can still have a successful spousal sponsorship application.