Are you wondering, "Can I sponsor my foreign spouse to Canada if I have a criminal record?" You're not alone in this situation. Many people with past criminal convictions face the same question when considering family sponsorship in Canada. This blog will explore how having a criminal record can affect your ability to sponsor your foreign spouse.
What does having a criminal record mean for sponsorship?
When you apply to sponsor your foreign spouse to Canada, Immigration, Refugees and Citizenship Canada (IRCC) will conduct a background check. This includes checking for any criminal history. A criminal record doesn't automatically disqualify you from sponsoring your spouse, but it can create challenges.
The Impact of Serious Crimes
The nature and severity of your crime can significantly impact your sponsorship eligibility. If your criminal record includes serious crimes, especially those involving violence, sexual offences, or crimes against dependents or family members, your eligibility to sponsor may be affected.
Current Legal Obligations
If you're currently serving a prison sentence, you will be unable to sponsor your spouse until you have completed your sentence. Also, if you have outstanding fines or victim surcharges, you must pay them in full before you can sponsor.
Past Sponsorship Defaults
If you failed to meet the terms of a sponsorship agreement in the past, this could bar you from sponsoring again. This includes situations where a previously sponsored individual received social assistance during the sponsorship period, and you did not repay the amount.
Financial Instability
While not directly related to criminality, it's worth mentioning that financial instability can also affect your ability to sponsor. If you have declared bankruptcy and have not been discharged yet or have a history of failing to support previous sponsored family members or dependents, you may be deemed ineligible.
What Can You Do?
If you have a criminal record and are looking to sponsor your foreign spouse to Canada, it's critical to seek legal advice. At Calver Immigration Consulting Inc. we can provide you with tailored, personal advice on how to overcome criminality issues when sponsoring your foreign spouse to Canada.
While having a criminal record can create hurdles in the sponsorship process, it does not necessarily mean you are ineligible. Understanding your circumstances and exploring available options can help you navigate this complex process. If you have any questions or need further clarification, don't hesitate to reach out. book an online consultation with us here.
Our Services
Calver Immigration Consulting Inc. is rated Canada's number one boutique immigration consultancy. We serve clients across Canada and internationally. Our Registered Canadian Immigration Consultant has over 10 years of experience in Canadian Immigration law serving those in Canada and abroad.
We can assist with applications for both temporary and permanent residency in Canada. We handle applications for study permits, permanent residency, family class sponsorship, visitor visas, work permits, and Canadian citizenship. We also handle criminal inadmissibility cases by developing remedies for refusal.
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