Sponsor in Canada with a Criminal Convictions

Sponsor outside and inside Canada with Criminal Convictions

For Family Class Sponsorship

Canada’s immigration could have been a very complex to understand for someone who is just relying to what (s) he is actually searching for the information, others, may have ask unsolicited information to friends and relatives – we have heard several stories for this, getting an ‘unsolicited information’ and as a result of course, the application under from a family class sponsorship could have been delayed or worse, get refused. It is a tedious process though, in completing the package of application and the processing time of such application varies from the country of nationalities and therefore, knowing what’s the regulations’ says about the eligibility of sponsorship of a family class increases the chance for approval.

We often read, research, and seek for an agent to find the information online for the visa and immigration application for Canada. In particular for a family class sponsorship for permanent resident application in Canada. Yes, there were criteria whereby,  the sponsor must meet for him to become eligible in sponsoring a member of a family class. But what if the sponsor is not currently residing in Canada can (s)he still files an application for sponsorship of a family class? And what if a sponsor  has a criminal convictions inside or outside Canada,  does  it mean (s)he cannot get the approval of his application? You will find below answers  from the regulations (IRPR).

And what if the sponsor whose a Canadian citizen is not physically present in Canada, can (s)he files for sponsorship application to sponsor a member of family class for permanent resident in Canada? The answer is yes! The regulations of part 7 (family classes)  division 3 of the regulation, subsection 130 ( 2) for  sponsor not residing in Canada ”A sponsor who is a Canadian citizen and does not reside in Canada may sponsor a foreign national who makes an application referred to in subsection (1) and is the sponsor’s spouse, common-law partner, conjugal partner or dependent child who has no dependent children, if the sponsor will reside in Canada when the foreign national becomes a permanent resident.”

Convictions inside Canada

The requirements for the sponsor, as states on the regulations clause 133 (1), (a) to (k), clearly defines what does it take to be an eligible sponsor in sponsoring a member of a family class. If the sponsor is convicted for an offence, and or indictable offence inside Canada under a Criminal Code, as describes on paragraph (1), (e) (i) to (ii), of course the sponsorship application may be refused.  However, subsection 133 (2) there is an exception for a sponsor  who has a conviction in Canada – which an  application may not be refused on the basis of paragraph  (1) (e), “(a) on the basis of a conviction in Canada in respect of which a pardon has been granted and has not ceased to have effect or been revoked under the Criminal  Records Act, or in respect of which there has been a final determination of an acquittal; or  (b) if a period of five years or more has elapsed since the completion of the sentence imposed for an offence in Canada referred to in paragraph (1)(e).”

Convictions outside Canada

In addition to the exception of conviction outside Canada, sponsorship application cannot be refused again in contempt of  paragraph (1)(f) or an offence equivalent to (e), as describes on subsection 133 (2) “(a) on the basis of a conviction outside Canada in respect of which there has been a final determination of an acquittal; or (b) if a period of five years or more has elapsed since the completion of the sentence imposed for an offence outside Canada referred to in that paragraph and the sponsor has demonstrated that they have been rehabilitated.”

Source : IRPR of  June 06, 2016

 In brief, the implementing ‘exceptions’ for the regulations as provided above,  constitutes a viable and possible  eligibility of the sponsor application for a family class of permanent resident in Canada, only certain proof or evidence has to be provided to meet by the sponsor as per ‘exceptions’. Contact Visa Online Assistance for your sponsorship application for a family class by sending an e-mail at info@visaonlineassistance.com for more information.