A successful Canadian spousal sponsorship process includes many pitfalls that must be avoided. When an application has been reviewed and rejected, it complicates your spouse's bid to enter the country as a permanent resident. Avoid the following four common problems that may put your application in jeopardy.
When the Immigration, Refugees and Citizenship Canada (IRCC) perform a background check of your records, a variety of issues may pop up that could cause your spouse to be labeled inadmissible. These issues tend to be considered universal reasons for refusal, regardless of the program under which you apply.
1) General Inadmissibility
Most of the reasons for inadmissibility to Canada revolve around keeping citizens, permanent residents and guests of Canada safe from harm.
For example, one provision of the law states that you will be denied entry to Canada if you’ve been convicted of a serious crime that would be punished with 10 years of prison or more if the offense was committed in Canada.
A drinking and driving conviction, or being caught driving a motor vehicle while under the influence of drugs, would also result in refusal.
Other issues that could put your spouse’s application in jeopardy include:
- War Crimes.
- Crimes against humanity.
- “Being a senior official in a government engaged in gross human rights violations or subject to international sanctions.”
- Previous involvement in terrorism, espionage, or governmental coups.
- Communicable health problems.
- Previous health issues that would drain resources from social health insurance.
Before committing to an application, it’s a good idea to go through the list of reasons for inadmissibility. Depending on the nature of your application, you might be able to overcome a specific type of inadmissibility.
Otherwise, it’s extremely unlikely for your sponsorship to go through if the government refuses on these grounds.
2) Previous Sponsorship
As of 2012, legislation passed by the previous Conservative government stipulated that those who have previously sponsored someone to become a permanent resident need to undergo a five-year waiting period before sponsoring another applicant.
If your application was received by Immigration, Refugees and Citizenship Canada before March 2nd, 2012, then you don’t have to worry about the new law. However, if you started the process after that date, there’s a chance your spouse’s application could be in jeopardy because of the new rule.
Essentially, as part of an effort to eliminate immigration fraud, this sponsorship bar exists for those who have previously sponsored an applicant.
In addition to the sponsorship bar, if you’ve previously sponsored a spouse, you’ll likely need to provide solid proof of the dissolution of the previous relationship. Otherwise, your sponsorship may be considered ineligible due to questions about the validity of your marital status.