Sponsor Your Spouse with a Criminal Record

Navigating the immigration process can be challenging, particularly when sponsoring a spouse with a criminal record. In this article, we will discuss the essential aspects of spousal sponsorship, including the different sponsorship categories and the implications of having a criminal record on the application process.

Table of Contents

1. Spousal Sponsorship Categories

2. Sponsoring a Spouse with a Criminal Record

3. Overcoming Criminal Inadmissibility

4. Sponsorship Eligibility

1. Spousal Sponsorship Categories

There are several categories under which you can sponsor your spouse or partner for immigration to Canada. These include:

• Spousal Sponsorship Canada: For legally married couples.

• Inland Spousal Sponsorship: For couples where the sponsored spouse is already living in Canada.

• Common-law Partner Sponsorship: For couples who have lived together for at least one year in a conjugal relationship.

• Conjugal Partner Sponsorship Canada: For couples who cannot live together due to exceptional circumstances, such as immigration barriers or legal issues.

• Outland Spousal Sponsorship Canada: For couples where the sponsored spouse is living outside Canada.

2. Sponsoring a Spouse with a Criminal Record

If your spouse has a criminal record, it may affect their eligibility for sponsoring your spouse with a criminal record. A criminal record can result in your spouse being deemed inadmissible to Canada on the grounds of criminality. Factors that may impact their admissibility include:

• The nature and severity of the offense

• The number of offenses committed

• The time elapsed since the last offense

• Rehabilitation efforts

3. Overcoming Criminal Inadmissibility

There are ways to overcome criminal inadmissibility and successfully sponsor your spouse. These include:

• Applying for a Temporary Resident Permit (TRP): A TRP may be granted to individuals with a criminal record, allowing them to enter Canada temporarily. However, this is usually reserved for exceptional cases where the need to enter Canada outweighs the risk to public safety.

• Applying for Criminal Rehabilitation: If a certain period has passed since the completion of the sentence (usually five years), your spouse may be eligible for criminal rehabilitation. This process involves demonstrating that they have been rehabilitated and are not likely to commit future offenses.

4. Sponsorship Eligibility

Before sponsoring your spouse, it is essential to assess your own eligibility as a sponsor. You can use the Sponsorship Eligibility Tool to determine if you meet the necessary criteria. To be eligible, you must:

• Be a Canadian citizen or a permanent resident of Canada

• Be at least 18 years old

• Be able to provide financial support to your spouse or partner and any dependent children

• Not have any outstanding sponsorship undertakings or debts to the government

• Not be in receipt of social assistance (except for disability)

• Not have a history of violent crime, sexual offenses, or offenses against a family member

• Not be in default of any court-ordered support payments

• Not be in prison or have an outstanding arrest warrant

• Not be under a removal order from Canada

How to Overcome Criminal Inadmissibility for Canada

Criminal inadmissibility can be a significant barrier to entering Canada. If you have a criminal record, you may be deemed inadmissible on the grounds of criminality. However, there are ways to overcome criminal inadmissibility and gain entry to Canada. Here are the available options and relevant case laws to help you understand the process.

1. Deemed Rehabilitation

If a certain period has passed since the completion of your sentence, you may be considered "deemed rehabilitated." Deemed rehabilitation depends on the type and number of convictions and the time elapsed since the sentence was completed. For example:

• For a single non-serious crime, you may be deemed rehabilitated after ten years have passed since the completion of your sentence.

• For two or more non-serious crimes, you may be deemed rehabilitated after five years have passed since the completion of your sentence.

2. Individual Rehabilitation

If you are not eligible for deemed rehabilitation, you can apply for individual rehabilitation. To be eligible, at least five years must have passed since the completion of your sentence. You will need to submit an application to Immigration, Refugees and Citizenship Canada (IRCC) and provide proof that you have been rehabilitated and are not likely to reoffend.

3. Temporary Resident Permit (TRP)

A TRP may be granted to individuals with a criminal record, allowing them to enter Canada temporarily. TRPs are typically reserved for exceptional cases where the need to enter Canada outweighs the risk to public safety. The permit's validity can range from one day to three years, and it can be extended or revoked at any time.

Relevant Case Law

While specific case law examples involving sexual offenses in the context of spousal sponsorship applications may be limited, the following cases offer insight into how criminal inadmissibility and rehabilitation are addressed in Canadian immigration law. These cases can provide valuable context when considering the impact of a sexual offense on a spousal sponsorship application.

1. Jayasekara v. Canada (Minister of Citizenship and Immigration), 2008 FC 230: This case established that rehabilitation should be assessed based on an individual's current risk of reoffending rather than the severity of the original offense.

2. Komolafe v. Canada (Minister of Citizenship and Immigration), 2013 FC 431: This case highlighted the importance of considering the applicant's positive contributions to society, such as community involvement, when assessing individual rehabilitation.

3. Stewart v. Canada (Minister of Citizenship and Immigration), 2000 CanLII 21271 (FC): This case emphasized that for an applicant to be considered rehabilitated, they must demonstrate that they have made a genuine effort to change their behavior, and that the risk of reoffending is minimal.

4. Saini v. Canada (Minister of Citizenship and Immigration), 2001 FCT 775: This case clarified the relationship between criminal inadmissibility and rehabilitation, indicating that rehabilitation is a potential remedy for overcoming inadmissibility.

5. R. v. Vokey, 2007 NLCA 2: This case examined the importance of evaluating the nature and severity of the offense, the passage of time, and the individual's behavior since the offense when assessing rehabilitation and the risk of reoffending.

While these cases may not directly address sexual offenses in spousal sponsorship applications, they provide a broader understanding of how criminal inadmissibility and rehabilitation are assessed in Canadian immigration law.

Impact of Committing a Sexual Offense on Spousal Sponsorship Application

Having a criminal record, particularly involving a sexual offense, can have significant implications for both the sponsor and the sponsored spouse in a spousal sponsorship application. In this article, we will discuss the impact of committing a sexual offense on the spousal sponsorship process.

Impact on the Sponsor

If you are the sponsor and have committed a sexual offense, it may affect your eligibility to sponsor your spouse or partner. Canadian immigration law imposes specific restrictions on individuals with a history of violent crime, sexual offenses, or offenses against a family member.

A person convicted of such offenses may be ineligible to sponsor their spouse unless they can demonstrate that they have successfully completed a rehabilitation program, and a certain period has passed since the end of their sentence. The required period depends on the nature and severity of the offense.

If you are deemed ineligible to sponsor your spouse due to your criminal record, your sponsorship application may be refused.

Impact on the Sponsored Spouse

If the sponsored spouse has committed a sexual offense, they may be deemed inadmissible to Canada on the grounds of criminality. In this case, the spousal sponsorship application may be denied.

Overcoming criminal inadmissibility for Canada involves understanding the options available, such as deemed rehabilitation, individual rehabilitation, and obtaining a Temporary Resident Permit. Familiarizing yourself with relevant case law can also provide valuable insights into the decision-making process and increase your chances of success. It is recommended to consult with an experienced immigration lawyer to help navigate the complex process of overcoming criminal inadmissibility.