Can I sponsor my spouse if they have a criminal record?

In some cases, yes. A spouse with a past criminal conviction may still be sponsored if the inadmissibility can be resolved through criminal rehabilitation, a Temporary Resident Permit, or humanitarian considerations, depending on the offence and how much time has passed.

What is criminal rehabilitation in Canadian immigration?

Criminal rehabilitation is an application that permanently removes criminal inadmissibility. It is generally available when at least five years have passed since all sentences were completed and the applicant can demonstrate rehabilitation and a low risk of reoffending.

What if my spouse was found inadmissible for misrepresentation?

A misrepresentation finding can result in a five-year ban from applying for permanent residence. In some situations, it may be possible to challenge the finding, demonstrate that the error was not intentional, or reapply after the ban period ends with full disclosure and supporting evidence.

Can a Temporary Resident Permit (TRP) help with spousal sponsorship?

A Temporary Resident Permit may allow a criminally inadmissible spouse to enter or remain in Canada temporarily for compelling reasons such as family unity. Temporary Resident Permits are discretionary and do not guarantee permanent residence, but they may be used alongside certain sponsorship applications.

What happens if my sponsorship application is refused due to inadmissibility?

Depending on the circumstances, a refusal may be appealed to the Immigration Appeal Division, addressed through a new application with stronger evidence, or reconsidered using alternative legal remedies such as rehabilitation or humanitarian applications. Strict deadlines often apply.

How do I find a lawyer near me for spousal sponsorship with criminal inadmissibility?

If you’re searching for a spousal sponsorship lawyer near you to address criminal inadmissibility or misrepresentation, it’s important to work with a firm experienced in these complex cases. Ayodele Law is based in Toronto and assists couples across Ontario and Canada with sponsorship, rehabilitation, Temporary Resident Permit, and appeal matters.

Who is not eligible to sponsor a spouse in Canada?

You may be ineligible to sponsor a spouse if you are in prison, in default of a previous sponsorship undertaking, receiving social assistance other than disability, bankrupt and not discharged, under a removal order, or convicted of certain violent or sexual offences involving a family member. Even if your spouse’s inadmissibility can be addressed, sponsor eligibility must also be assessed carefully. An immigration lawyer can confirm whether any past issues affect your ability to sponsor.

What does IRCC check when assessing criminal inadmissibility?

Immigration, Refugees and Citizenship Canada reviews police certificates, court records, sentencing documents, fingerprints if required, prior visa or permanent residence applications, and any immigration history. Officers assess whether a foreign offence is equivalent to a Canadian offence, whether it constitutes criminality or serious criminality, and whether the applicant is eligible for rehabilitation, deemed rehabilitation, or discretionary relief.

Does being charged but not convicted make my spouse inadmissible?

Not necessarily, but all charges, even if withdrawn or dismissed, must be disclosed. Immigration, Refugees and Citizenship Canada can still assess whether there are reasonable grounds to believe a criminal act was committed. Failure to disclose charges, even if no conviction occurred, can result in a five-year misrepresentation ban. Full disclosure with supporting court records is essential.

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. Many couples contact us after searching for a spousal sponsorship lawyer near them who understands criminal inadmissibility and misrepresentation issues.

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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.

How IRCC Assesses Criminal Inadmissibility in Spousal Sponsorship Cases

When reviewing a spousal sponsorship involving criminal inadmissibility or misrepresentation, IRCC does not assess the offence in isolation. Officers balance multiple factors, including the seriousness of the offence, how long ago it occurred, evidence of rehabilitation, the genuineness of the relationship, and the hardship caused by family separation.

In spousal cases, decision-makers also consider Canada’s commitment to family reunification. A well-prepared application explains why the relationship should outweigh the past offence and demonstrates that the sponsored spouse poses no ongoing risk to Canadian society.

Many couples come to us after searching for a spousal sponsorship lawyer near them because they want a clear legal strategy — not just forms — to address these concerns proactively.

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.

Common Mistakes in Spousal Sponsorship Applications Involving Criminal Inadmissibility

Applications involving criminality or misrepresentation are often refused due to avoidable errors, including incomplete disclosure of charges, relying on foreign pardons that do not remove Canadian inadmissibility, submitting rehabilitation requests too early, or failing to explain the legal equivalency of foreign offences under Canadian law.

Another common mistake is submitting separate applications that conflict with one another — for example, requesting humanitarian relief in the wrong process or failing to coordinate a TRP with an inland sponsorship. These errors can result in refusals and multi-year bans.

If you’re unsure whether your application is being prepared correctly, speaking with an immigration lawyer near you before filing can prevent delays and irreversible consequences.

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.

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.

Inland vs Outland Sponsorship for Spouses With Criminal Inadmissibility

Whether a spousal sponsorship should be filed inland or outland depends on the spouse’s location, admissibility status, and eligibility for a Temporary Resident Permit. Inland applications may allow spouses to remain together in Canada if lawful status or a TRP is granted, while outland applications are often required when the sponsored spouse cannot legally enter Canada.

Each approach carries different risks, timelines, and procedural options — particularly when criminal inadmissibility or misrepresentation is involved.

An experienced spousal sponsorship lawyer near you can assess which pathway offers the strongest chance of approval based on your specific circumstances.

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Frequently Asked Questions

Sponsoring a spouse who is criminally inadmissible or subject to a misrepresentation finding can be overwhelming. These FAQs address common concerns about eligibility, rehabilitation, refusals, and available legal remedies.

In some cases, yes. A spouse with a past criminal conviction may still be sponsored if the inadmissibility can be resolved through criminal rehabilitation, a Temporary Resident Permit (TRP), or humanitarian considerations, depending on the offence and how much time has passed.
Criminal rehabilitation is an application that permanently removes criminal inadmissibility. It is generally available when at least five years have passed since all sentences were completed and the applicant can demonstrate rehabilitation and a low risk of reoffending.
A misrepresentation finding can result in a five-year ban from applying for permanent residence. In some situations, it may be possible to challenge the finding, demonstrate that the error was not intentional, or reapply after the ban period ends with full disclosure and supporting evidence.
A TRP may allow a criminally inadmissible spouse to enter or remain in Canada temporarily for compelling reasons such as family unity. TRPs are discretionary and do not guarantee permanent residence, but they may be used alongside certain sponsorship applications.
Depending on the circumstances, a refusal may be appealed to the Immigration Appeal Division, addressed through a new application with stronger evidence, or reconsidered using alternative legal remedies such as rehabilitation or humanitarian applications. Strict deadlines often apply.
If you’re searching for a spousal sponsorship lawyer near you to address criminal inadmissibility or misrepresentation, it’s important to work with a firm experienced in these complex cases. Ayodele Law is based in Toronto and assists couples across Ontario and Canada with sponsorship, rehabilitation, TRP, and appeal matters.
You may be ineligible to sponsor a spouse if you are in prison, in default of a previous sponsorship undertaking, receiving social assistance (other than disability), bankrupt and not discharged, under a removal order, or convicted of certain violent or sexual offences involving a family member.
Even if your spouse’s inadmissibility can be addressed, sponsor eligibility must also be assessed carefully. An immigration lawyer can confirm whether any past issues affect your ability to sponsor.
IRCC reviews police certificates, court records, sentencing documents, fingerprints (if required), prior visa or PR applications, and any immigration history. Officers assess whether a foreign offence is equivalent to a Canadian offence, whether it constitutes criminality or serious criminality, and whether the applicant is eligible for rehabilitation, deemed rehabilitation, or discretionary relief.
Not necessarily — but all charges, even if withdrawn or dismissed, must be disclosed. IRCC can still assess whether there are reasonable grounds to believe a criminal act was committed. Failure to disclose charges, even if no conviction occurred, can result in a five-year misrepresentation ban. Full disclosure with supporting court records is essential.

From Our Clients

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