Family Sponsorship

There are two types of applications for Spouse and Common-Law and Conjugal, Sponsorships

• Outland Spousal Sponsorship: The visa office in the sponsored spouse's country of citizenship or their legal residence (if outside Canada) processes your Family Sponsorship application in Winnipeg. If you and your Spouse/Common-law partner live together in Canada, you can still apply under this category.  Applying under this category will make you eligible to Appeal a refusal. You will not have rights to appeal for an Inland Spousal Application.

• Inland Spousal Sponsorship (Spouse or Common-Law in-Canada category): your application will be processed in Canada and you and your sponsor MUST live together.  The person being sponsored MUST have te

Family Sponsorship

There are two types of applications for Spouse and Common-Law and Conjugal, Sponsorships

• Outland Spousal Sponsorship: The visa office in the sponsored spouse’s country of citizenship or their legal residence (if outside Canada) processes your Family Sponsorship application in Winnipeg. If you and your Spouse/Common-law partner live together in Canada, you can still apply under this category.  Applying under this category will make you eligible to Appeal a refusal. You will not have rights to appeal for an Inland Spousal Application.

• Inland Spousal Sponsorship (Spouse or Common-Law in-Canada category): your application will be processed in Canada and you and your sponsor MUST live together.  The person being sponsored MUST have temporary status in Canada as a worker, student, or visitor.  The person being sponsored may be eligible for an Open Work Permit.

There are 3 categories of spousal sponsorships (fill in required form)

Spouse – If you were legally married abroad, so long as the marriage was legal where it took place, Citizenship and Immigration Canada will recognize this union.

Common law partner – You have lived together continuously for at least one year. Brief separations during the year are acceptable for family or business reasons.

Conjugal Partner – You have a mutually dependent relationship for at least one year, and you have the same level of commitment as a marriage or common-law union. There must be extenuating circumstances why you cannot live together- job location, studying abroad, inability to obtain visa to Canada are NOT good enough reasons)

Note:
Canada recognizes same-sex marriages and partners and are eligible to apply under these 3 categories.

You can qualify for a spousal sponsorship if

• At least 18 years old
• A Canadian citizen or permanent resident living in Canada
• You, yourself, cannot have been sponsored to Canada as a spouse in within the last 5 years
• Able to provide for the basic needs of any person you want to sponsor for a period of time.

Basic needs are defined as:

• Food, clothing, shelter, and other needs for everyday living
• Dental care, eye care, and other health needs that are not covered by Canada’s public health services

You will not qualify if you are any of these.

• You are under 18 years old
• You won’t be living in Canada when the person you are sponsoring becomes a permanent resident
• You’re not a Canadian citizen or permanent resident
• You are a temporary resident
• Your own permanent residence application is pending
• You were sponsored by a spouse or partner, and you became a permanent resident less than five years ago
• You are still financially responsible for a previous spouse or partner you sponsored
• You have already applied to sponsor someone and the decision has not yet been made
• You are in jail, prison, or a penitentiary
• You didn’t pay back an immigration loan, a performance bond, or court-ordered family support payments, such as alimony or child support
• You declared bankruptcy and in not discharged
• You receive social assistance for reasons other than a disability
• You have received a Removal Order
• You have been convicted of attempting to commit, threatening to commit, or committed a violent offence, an offence against a relative, or any sexual offence inside or outside Canada

Spouses with Criminal Records or Offences

If you are a Canadian Citizen or Permanent Resident looking to sponsor your spouse for PR in Canada, special measures must be taken if they have been charged or convicted of a criminal offence in the past.  The main reason being is that IRCC needs to perform a complete background check, and review all necessary documents and facts to be convinced a foreign national is not inadmissible to Canada.  Even if a spouse is inadmissible, there are ways to overcome the inadmissibility. The method that is utilized to overcome an inadmissibility depends on the nature of the offence, the time that has passed, and the number of offences. For those in Winnipeg, family sponsorship services can help guide you through the process and ensure all steps are properly handled.

Only charged with an offense, but never convicted

Despite all charges being dropped and not receiving a conviction, the charges still must be disclosed, with all facts presented, including the relevant court documents.  Failure to present these documents upfront in the application upon submission can delay the application by 6 months. IRCC must receive all relevant information in order to perform a proper assessment.  The fact that a charge is not appearing on a Police Background Check does not absolve an individuals from providing all the necessary information.  All charges must be disclosed (even the dropped charges), otherwise there is risk of the application being refused for Misrepresentation, even if an individual is found to be not Criminally Inadmissible.  Our firm knows this first hand as individuals in this specific situation retain our firm to help overcome the Misrepresentation ban of 5 years that was issued to individuals.

Have you been refused based on Misrepresentation? 

Being found inadmissible to Canada due to Misrepresentation is becoming more common. This is a very serious issue as it results in being banned for five years from making an application to return to Canada.  You will not be allowed to enter Canada for 5 years.

What is Misrepresentation and how does it happen?

Misrepresentation occurs when information is provided to Immigration, Refugees and Citizenship Canada (IRCC) or to the Canada Border Services Agency (CBSA) that is inconsistent, inaccurate, or incomplete.

Examples of misrepresentations would be:

• Fail to declare that you have been refused a visa for another country
• Provide a document that is found to be non-genuine
• Fail to mention a family member
• Declare employment experience which you do not have
• Obtain permanent residence by having engaged in a non-genuine marriage

Misrepresented information can be provided (or omitted) by yourself, a family member, or your representative. In all cases, it is the principal applicant who is at fault – even if the principal applicant did not know the misrepresentation occurred. This applies to Family Sponsorship Winnipeg, where accuracy and honesty in your application are essential.

What can you do if you are facing an allegation of Misrepresentation?

If you have made an application to enter Canada – before you would be found to have misrepresented yourself by IRCC, you will be given an opportunity to respond and address IRCC’s concerns. This process is known as “procedural fairness” and it is important to be aware of the timeline given for the response by IRCC and whether the response will be made at an interview or on paper. 

Misrepresentation findings will have significant impact on your immigration status to Canada.  If found to have Misrepresented, you and all dependent family members (spouse and children) will all be found inadmissible to Canada which will prevent anyone from obtaining another temporary or permanent resident visa. In addition, the person(s) that are found to have misrepresented will receive a 5 year ban from Canada.  It is important to carefully address these allegations in a timely manner as delaying or not responding could have severe consequences.

A foreign national may be inadmissible  to Canada on the grounds of criminality. This will either prevent entry to Canada as a visitor, student or worker or prevent an individual from obtaining permanent residence or maintaining their PR status.

Will be found Inadmissible:

For convictions outside Canada, if they have:

• been convicted outside Canada of an act that, if committed in Canada, would be equivalent to an indictable offence punishable by a sentence of less than ten years

• been convicted outside Canada of two or more acts that, if committed in Canada, would be equivalent to summary offences

• been convicted outside Canada of an act that, if committed in Canada, would be equivalent to a hybrid offence punishable by a sentence of less than ten years

For convictions inside Canada, if they have:

• been convicted in Canada of an indictable offence punishable by a sentence of less than ten years

• been convicted in Canada of two or more summary offences

Will not be found inadmissible under these scenarios:

Record Suspension (Pardon), Withdrawn or Dismissed Charges, Discharged

For charges withdrawn or dismissed:

• If the offence occurred outside Canada, you may be inadmissible.

• If the offence occurred in Canada, you are not inadmissible.

For an absolute or conditional discharge:

• If the offence occurred outside Canada, you may be inadmissible.

• If the offence occurred in Canada, you are not inadmissible.

Pardon granted:

• If the offence occurred outside Canada, you may be inadmissible.

• If the offence occurred in Canada, you are not inadmissible if you were pardoned under the Criminal Records Act in Canada.

If you may be inadmissible, you must provide an officer with complete details of all charges, convictions, court dispositions, pardons, photocopies of applicable sections of foreign law(s), and court proceedings to allow the officer to determine whether or not you are inadmissible to Canada. Even if you have a charge from outside Canada and it was dismissed or an offence that was pardoned, you must provide all the necessary documents or facts to ensure you are not found inadmissible to Canada. This is essential for family sponsorship in Winnipeg to proceed smoothly and meet all requirements.

How to overcome Criminal Admissibility

Depending on the nature of the conviction, the place of conviction, the time that has passed since being convicted, end of parole and the time served individuals have several options to overcome their inadmissibility to Canada. These are:

Temporary Resident Permit

Rehabilitation (Deemed and Individual Rehabilitation)–  Outside Canada Offences

Record Suspension (Pardon) –  In Canada Offences

Temporary Resident Permit (TRP)- Temporary waiver to enter Canada

A TRP grants an individual’s legal entry to Canada for a certain period of time, despite being inadmissible. It acts as a “hall pass” that temporarily excuses inadmissibility, allowing entry for up to three years. For those looking to reunite with their loved ones, family sponsorship in Winnipeg can be an essential pathway, facilitating the process of bringing family members to Canada.

A Temporary Resident Permit (TRP) will be issued at the discretion of Canadian Immigration Authorities to individuals who would otherwise be inadmissible to Canada because of health or criminality issues, permitting them to enter or stay in Canada, where justified by compelling circumstances. It is important to have a properly prepared application stating valid reasons and justification for gaining entry into Canada.  We can help with this.

Find out how to get a Temporary Resident Permit (TRP)

Criminal Rehabilitation

A person can also overcome criminal inadmissibility through rehabilitation.

Attaining rehabilitation usually depends on:

• The type of crime that was committed
• How long it has been since the crime was committed
• The way that a person has behaved since committing the crime.

A person’s individual rehabilitation application will be successful if:

• The person fulfills the criteria from the section above.
• The Canadian government is convinced that the person is rehabilitated.
• The Canadian government is convinced that the person will not commit more crimes in the future.

There are two types rehabilitation:

Deemed Rehabilitation

A person can be deemed to be rehabilitated if enough time has passed since he or she has committed a crime. To be deemed rehabilitated, a person must have committed a crime with a jail term of less than ten years or less than five years, depending on the crime. Being deemed rehabilitated does not involve an application process. It merely involves showing a Canadian official that enough time has passed since you last committed a crime. For more on Deemed Rehabilitation, click here.

Criminal Rehabilitation

• That they meet the relevant criteria
• That they have been rehabilitated
• That they are unlikely to take part in future crimes.
• That, at least five years have passed since the end of their criminal sentence, including probation.
• That, at least five years have passed since they committed the original crime.

If you were convicted of a crime outside of Canada that, if committed in Canada, would be an indictable crime:

• Apply for criminal rehabilitation if 5 years have passed since the last conviction, release from jail, completion of probation, community service, or payment of a fine.

​Record Suspension (Pardon) for Convictions/offences in Canada

If you have a criminal conviction in Canada, you must seek a record suspension (formerly a pardon) from the Parole Board of Canada (PBC) before you will be admissible to Canada.

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