Canada has always been welcoming to individuals from different parts of the world. You can also sponsor your partner or spouse if you’re a Canadian citizen or already a permanent resident of the country. Many individuals consider doing this sponsorship due to plenty of opportunities that the country has to offer.
Now, what if your sponsored partner or spouse has a criminal record outside of Canada? Does he have a chance of getting into the country? What does he have to do to be successfully sponsored and be able to immigrate to Canada?
In this article, we’ll explore all these crucial questions. Read below before you get in touch with an immigration agency.
What partner sponsorship entails
As far as partner sponsorship is concerned, a Canadian citizen or a permanent resident in Canada has the right to sponsor a partner or spouse to be a permanent resident of the country. As a sponsor, all you have to do is apply to the Immigration, Refugee, and Citizenship Canada (IRCC) by submitting an application and complying with all the requirements.
You and your sponsored partner have to meet certain criteria for the application to be successful. If approved, your partner can come and reside with you in Canada. However, you are obligated to provide the basic needs of your spouse for at least three years.
What happens if your partner has a criminal case
One vital criterion in a sponsorship application is the criminal record. If your partner has a criminal charge with a prison sentence of ten years, then the application will be suspended. Also, you aren’t allowed to sponsor a spouse if you are currently serving out a sentence. Ultimately, the country doesn’t allow individuals with criminal records to be admissible to the country.
What your partner with a criminal case can do
Albeit inadmissibility due to criminal records is favoured and encouraged, your sponsored individual can still do something—that is to apply for rehabilitation application. That has to be submitted to the CIC along with the sponsorship application.
The agency will decide on the sponsorship application after reviewing, evaluating, and considering the rehabilitation application. The sponsored individual has to wait for a period of no less than five years after serving a sentence to qualify for the rehabilitation.
What your partner of a criminal conviction in Canada can do
What if your sponsored partner has a criminal conviction in Canada itself? Then, a record suspension can be submitted for approval from the Parole Board of Canada. Under the Criminal Records Act, this can be considered after a certain amount of time has elapsed from the sentence period. Take note that an individual with criminal conviction has to wait for five years (for summary offences) and ten years (for indictable offences) to obtain a record suspension.
Conclusion
Immigration to Canada is highly plausible, as long as your sponsored spouse or partner strictly complies with the requirements, even if he has a criminal record outside of the country.
We hope that this blog has shed some light on what you need to know about partner sponsorship for an individual with a criminal record outside of Canada. When confronted with this problem, what better way to do than to hire an immigration consultant?
Been wanting to sponsor your partner but afraid to do so because of his criminal record outside Canada? Get in touch with our immigration consultants in Toronto.
If you’re looking for professional help from a trusted firm, please contact us at info@brightimmigration.com or call 1-888-404-8472.
