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Exploring the Impact of Criminal Records on Spousal Sponsorship Applications in Canada

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The lawyers who handle these files

Sundeep S. Grewal, Barrister and SolicitorSundeep S. GrewalBarrister and SolicitorPrabhpreet Kaur Sangha, Barrister and SolicitorPrabhpreet Kaur SanghaBarrister and SolicitorPardeep S. Grewal, Barrister and SolicitorPardeep S. GrewalBarrister and Solicitor
About our lawyers

Sundeep S. Grewal founded Lawgical Law Corporation and argues immigration cases at the Immigration and Refugee Board and the Federal Court of Canada.

Prabhpreet Kaur Sangha focuses on refugee claims, immigration appeals, inadmissibility, detention reviews and Federal Court cases, and has presented at Continuing Legal Education seminars and the National Immigration Conference.

Pardeep S. Grewal is an immigration and estates lawyer known for clear communication and practical strategy.

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.

Lawgical Law Corporation, an immigration law firm in Surrey, Abbotsford and Vancouver, BC, prepares spousal and family sponsorship applications and represents sponsors in refusals and appeals to the Immigration Appeal Division.

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 sponsored spouse has a criminal record, they may be inadmissible to Canada, which can result in the application being refused. Sponsors are not assessed for inadmissibility, but certain convictions (for example sexual offences or violence against a family member) can bar a person from sponsoring.

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:

  1. 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.
  2. 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.
  3. 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.
  4. 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.