Spousal sponsorship is a common pathway for Canadian citizens and permanent residents to bring their foreign spouses to Canada. However, criminal convictions and charges can complicate the process, potentially leading to inadmissibility.
How Do Convictions and Charges Differ in Terms of Criminal Inadmissibility for Sponsorship?
Convictions: A conviction occurs when an individual has been found guilty of a crime by a court and sentenced. Convictions can result in criminal inadmissibility, preventing the individual from entering or staying in Canada.
Charges: Being charged means that the individual has been accused of a crime, but has not yet been found guilty or innocent. Charges can lead to inadmissibility if they result in a conviction, or if there are reasonable grounds to believe you committed the criminal act.
Can You Sponsor Your Spouse If You, the Sponsor, Have a Criminal Record?
Sponsors must meet certain eligibility criteria, and having a criminal offence on their record can impact their ability to sponsor. Generally, a sponsor may be ineligible if they have been convicted of:
Violent or sexual offenses
Offenses resulting in bodily harm to a family member
Offenses against a child
However, each case is assessed individually, and factors such as the nature and severity of the offense, time elapsed since the conviction, and evidence of rehabilitation are considered.
My Spouse Has Been Convicted in Canada. Can They Be Sponsored?
If your spouse has a criminal conviction in Canada, they may be inadmissible, depending on the severity of the crime. However, they might be eligible for sponsorship if they have been rehabilitated or if enough time has passed since the completion of their sentence. It’s essential to provide evidence of rehabilitation and any other relevant documentation to support the application.
My Spouse Has Been Convicted Outside Canada. Can They Be Sponsored?
A foreign national spouse convicted outside Canada may also be inadmissible, but similar to domestic convictions, the possibility of sponsorship depends on the crime’s severity and the circumstances. The crime must be assessed under Canadian law to determine if it would be considered criminality or serious criminality. Rehabilitation and pardons from the country of conviction can also impact admissibility.
How Does Criminal Rehabilitation Help My Spousal Sponsorship Application?
Criminal Rehabilitation is a process that allows individuals who are criminally inadmissible to Canada to have their inadmissibility removed. In some cases, individuals may be eligible for deemed rehabilitation if a certain number of years have passed since the completion of their sentence. To be eligible, at least five years must have passed since the completion of the sentence. Successfully obtaining criminal rehabilitation can significantly strengthen a spousal sponsorship application by demonstrating that the individual is no longer inadmissible.
How Does a Pardon Help My Spousal Sponsorship Application?
Pardon (Record Suspension): In Canada, a pardon (now referred to as a record suspension) removes a person’s criminal records from the Canadian Police Information Centre (CPIC) database, meaning it will not be disclosed during a background check. While a pardon does not erase a criminal record, it indicates that the person has been deemed rehabilitated. For spousal sponsorship, a pardon can help demonstrate that the sponsor or the sponsored spouse is no longer considered a risk, thereby improving the chances of a successful application.
How Does Humanitarian and Compassionate (H&C) Factors Help My Spousal Sponsorship Application?
H&C factors are exceptional circumstances that might warrant special consideration in immigration applications, despite inadmissibility. H&C factors can be crucial in helping to overcome criminal inadmissibility and support a spousal sponsorship application. These factors include:
Best Interests of a Child: If the couple has children, the impact on the children’s well-being is a significant consideration.
Hardship: The degree of hardship the sponsor or sponsored spouse would face if the application is refused.
Rehabilitation and Positive Contributions: Evidence that the individual has been rehabilitated and made positive contributions to their community can be persuasive.
H&C considerations can be particularly compelling in cases involving long-term relationships, significant family ties to Canada, and other mitigating circumstances that argue for compassion and leniency.
Why Hire AKM Law as Your Immigration Lawyers?
Hiring AKM Law for your immigration needs offers significant advantages that can greatly enhance your chances of success. They can also assist with applications for temporary resident permits, ensuring that all requirements are met and the application is thoroughly prepared. With extensive experience and expertise in handling complex immigration cases, AKM Law ensures your application is expertly prepared and thoroughly reviewed. They provide personalized service tailored to your unique circumstances, offering comprehensive support from initial consultation to final submission. Their strong advocacy and strategic case management present your application in the best possible light, reducing the risk of errors and delays. AKM Law maintains clear and timely communication, keeping you informed and confident in the progress of your case. Their successful track record, holistic approach, and dedication to achieving the best outcomes make them a valuable partner in navigating the complexities of Canadian immigration law. With AKM Law handling your case, you can have peace of mind knowing experienced professionals are working diligently on your behalf, allowing you to focus on other important aspects of your life.
