Sponsoring a Spouse Who Is Criminally Inadmissible to Canada
Even if your spouse has a past criminal conviction, there may still be a path to reunite in Canada. Ayodele Law helps couples overcome criminal inadmissibility through rehabilitation, pardons, or humanitarian applications.
Sponsoring a spouse, common-law partner, or conjugal partner who is inadmissible to Canada because of criminality or misrepresentation is possible. Criminal inadmissibility and misrepresentation can block family class sponsorship and permanent residence, but Canadian immigration law provides remedies in certain cases. A well-prepared spousal sponsorship application that clearly discloses the criminal history or explains the misrepresentation, and includes the correct supporting documents, gives the best chance of success.
What Makes Someone Criminally Inadmissible or Subject to a Misrepresentation Ban?
Criminal inadmissibility: arises when a person has been convicted of, or committed, an act that would be considered a criminal offence under Canadian law. This includes both domestic and foreign convictions that equate to Canadian criminal offences. Serious or repeated offences can result in a finding of “serious criminality” under the Immigration and Refugee Protection Act (IRPA).
Misrepresentation: occurs when someone provides false or misleading information, or withholds important facts, in an immigration or visa application. A finding of misrepresentation typically results in a five-year ban from submitting new applications, unless the ban is overturned or the person is deemed rehabilitated.
What if my spouse is criminally inadmissible? What are my options?
There are several potential remedies depending on the cause of inadmissibility and whether the applicant is inside or outside Canada:
| Remedy or Application Type | Description |
|---|---|
| Criminal Rehabilitation (Permanent Solution) |
If the criminal offence occurred more than five years ago and all sentences are complete, the person may apply for criminal rehabilitation through IRCC. Approval permanently removes the inadmissibility and allows the spousal sponsorship application to proceed. |
| Temporary Resident Permit (TRP) |
A TRP for criminal inadmissibility allows an otherwise inadmissible person to enter or remain in Canada temporarily for compelling reasons — such as family unity or humanitarian grounds. TRPs are discretionary and must show that the benefits outweigh any risk to Canadian society. TRPs can be submitted alongside inland sponsorship applications but do not guarantee permanent residence. |
| Addressing a Misrepresentation Ban |
Where misrepresentation has occurred, the person may need to demonstrate that the finding was incorrect, unintentional, or apply again after the five-year period has passed. Full disclosure and detailed legal submissions are critical, especially when arguing that the misrepresentation was not deliberate. |
| Ministerial Relief or Humanitarian & Compassionate (H&C) Grounds |
In exceptional cases, ministerial relief or H&C applications may allow permanent residence despite inadmissibility. Officers assess hardship, rehabilitation, best interests of children, and family separation. These are complex submissions requiring strong supporting evidence. |
What are the requirements for me to sponsor my spouse?
A sponsor must meet standard sponsorship eligibility for family class sponsorship:
Be a Canadian citizen, a person registered in Canada as an Indian under the Indian Act, or a permanent resident of Canada;
Be at least 18 years old;
Not be receiving social assistance for reasons other than disability; not be in default of a previous undertaking; not be bankrupt
Sponsors must also sign an undertaking to support the sponsored person (spouse/partner undertakings are generally 3 years).
If the sponsor has prior sponsorship defaults, convictions, or is receiving social assistance, this can affect eligibility. Sponsors sometimes need to present additional evidence (e.g., proof they are not in default of previous undertakings).
How much evidence should I submit with the sponsorship application?
When you submit the sponsorship application, include the following (explained below under “Documents to include”):
Detailed legal submission addressing the inadmissibility or misrepresentation, including timelines and evidence of rehabilitation or remorse.
Evidence showing the relationship is genuine and not entered to circumvent the law. This reduces the risk that officers will suspect the sponsorship is a convenience marriage.
Sponsor’s undertaking and credible financial and settlement plans. A clear plan helps show why the sponsored person will be able to support themselves and integrate.
What documents should I include in my sponsorship application?
| Category | Description |
|---|---|
| ✅Proof of Relationship | Provide detailed evidence that your relationship is genuine and continuing: marriage certificate; photos together over time; joint leases or mortgages; joint bank accounts or shared utility bills; evidence of cohabitation (letters from landlords or neighbours); travel records together; communication logs (emails, messages, social media); affidavits from family, friends, or community members who know the relationship; and evidence of any children in common. |
| ✅Financial Evidence (Sponsor & Plan) | Include sponsor’s proof of Canadian status (PR card, citizenship certificate), government ID, employment letter, pay stubs, recent tax returns or Notices of Assessment, bank statements, and credit history (if relevant). Attach a written settlement plan showing how the sponsored spouse will be supported. While there is no strict minimum income test, IRCC assesses whether the sponsor can fulfil their undertaking and that the sponsored person will not need social assistance. |
| ✅Criminality / Rehabilitation Evidence | If applicable, provide certified court records, sentencing documents, proof of completion of sentence (e.g., fines paid, probation complete), certificates of rehabilitation, letters from parole or probation officers, treatment program certificates, and employer or character references showing stability and rehabilitation. |
| ✅Misrepresentation Evidence | Submit full copies of prior immigration applications, copies of any information that was deemed false, a lawyer’s written legal explanation and sworn affidavit explaining the context, and evidence showing that the misrepresentation was inadvertent or promptly corrected. Include proof of honesty and transparency since the issue arose. |
| ✅Medical and Police Checks | Provide police certificates from each country where the applicant has lived and IRCC medical exam results from an approved panel physician. Include certified translations and notarizations where required. |
Why hire Ayodele Law for your Sponsorship Application
Sponsoring a spouse who is criminally inadmissible or has a misrepresentation finding is possible in certain cases — but even small mistakes can close doors permanently. At Ayodele Law, we regularly help sponsors and applicants assess admissibility issues, prepare rehabilitation or Temporary Resident Permit (TRP) applications, and assemble persuasive, complete sponsorship packages that maximize approval chances.
If you’re planning to sponsor a spouse with any past criminal record or immigration refusal, contact Ayodele Law right away for a confidential assessment. Early, accurate legal advice can make the difference between success and refusal.