If you are a Canadian citizen or permanent resident, you generally cannot sponsor a spouse if you have been convicted of an offence involving domestic violence or an offence against a relative. You must wait until 5 years have passed since your sentence ended, or obtain a Record Suspension.
When preparing to sponsor a spouse or partner to Canada, much of the focus is placed on the foreign applicant. However, Immigration, Refugees and Citizenship Canada (IRCC) also strictly evaluates the background of the Canadian sponsor. If you have a criminal record in Canada, particularly for violent offences, you may be legally barred from acting as a sponsor. 👮 This rule is designed to protect vulnerable newcomers from potential domestic abuse.
Under Canadian immigration law, a sponsorship bar applies if the sponsor has been convicted of a violent criminal offence, an offence of a sexual nature, or any offence that resulted in bodily harm to a relative. If you live in Montreal, Winnipeg, or Halifax and have an old assault conviction on your record, you must carefully assess your eligibility before paying the IRCC fees. Consulting with a local immigration lawyer can clarify your options and help you determine if you meet the requirements for a Record Suspension.
Step-by-Step Process for Sponsors in Canada
Overcoming a sponsorship bar requires proving to the government that you have served your time and are fully rehabilitated. Here is how you navigate the IRCC requirements.
Step 1: Review the IRCC Sponsorship Bar Rules
First, obtain a copy of your own criminal record from the RCMP. The IRCC specifically bars sponsors convicted of an indictable offence involving violence (like aggravated assault) or any offence against a family member (such as domestic assault). 📄 If your conviction was for a non-violent offence like minor shoplifting or basic fraud, the bar generally does not apply, though you must still declare it.
Step 2: Calculate Your Sentence Completion Date
If you are subject to the bar, you must wait until at least 5 years have elapsed since the completion of your entire sentence. This does not just mean the day you left jail. The sentence completion date includes the end of all probation periods, the payment of all court-ordered fines, and the expiry of any peace bonds.
Step 3: Understand the 5-Year Time-Lapse Exception
Under Section 133(2)(b) of the IRPR, the sponsorship bar automatically lifts once 5 years have passed since the full completion of your sentence (including any probation or fine payments). This means obtaining a Record Suspension (pardon) is not legally mandatory to sponsor your spouse if you wait out this 5-year period. However, applying for a Record Suspension is still highly recommended to permanently clear your public record.
Step 4: Gather Court Documents and Police Checks
When you are finally eligible to sponsor, you must be completely transparent. Gather all your provincial court documents, the RCMP criminal record check, and your official Record Suspension letter. Attempting to hide a past conviction from the IRCC is considered misrepresentation and can lead to a 5-year ban for your spouse.
Step 5: File Form IMM 1344 with a Letter of Explanation
When submitting your Spousal Sponsorship package, you will fill out Form IMM 1344 (Application to Sponsor). You must check “Yes” to the criminality questions and attach a detailed Letter of Explanation. This letter should clearly outline your past mistakes, highlight your rehabilitation, and prove that you are now a safe and capable sponsor.
How Much Does it Cost in Canada?
Addressing a sponsor’s criminal record involves administrative fees separate from the standard immigration costs.
- Record Suspension Fee: Currently, the Parole Board of Canada charges $50 CAD to process a Record Suspension application.
- RCMP Fingerprinting: Usually costs $25 to $65 CAD at a local police station or accredited agency in Canada.
- Court Document Retrieval: Provincial courthouses may charge $10 to $30 CAD for certified copies of your sentencing records.
- Spousal Sponsorship Fee: $1,260 CAD payable to the IRCC (or $1,345 CAD including biometrics).
- Lawyer Fees: Hiring a law firm to handle the Record Suspension and Sponsorship package typically ranges from $3,500 to $6,000 CAD.
| Requirement | Responsible Agency | Estimated Cost (CAD) |
|---|---|---|
| Record Suspension | Parole Board of Canada | $50 |
| Criminal Record Check | RCMP | $25 – $65 |
| Sponsorship Processing | IRCC | $1,260 |
How Long Does the Process Take?
Timing is critical. The sponsorship bar automatically lifts 5 years after the complete completion of your sentence (including jail time, probation, and fine payments). You do not need to wait for a Record Suspension to submit your application. Once the 5-year time-lapse has passed, you can immediately submit your Spousal Sponsorship, which typically takes IRCC an additional 10 to 12 months to process. If you do choose to apply for a Record Suspension, the Parole Board of Canada can take 6 to 12 months to process it after your eligibility date.
Frequently Asked Questions (FAQ)
What if my assault conviction was outside of Canada?
If you committed a violent offence outside of Canada, the 5-year waiting period still applies. The IRCC will assess the foreign conviction against the equivalent Canadian law to determine if the sponsorship bar is triggered.
Can I sponsor if I received an absolute discharge?
Yes. In Canadian law, an absolute or conditional discharge is not considered a conviction. Once the discharge period is successfully completed, it should not trigger the IRCC sponsorship bar.
Will a simple DUI stop me from being a sponsor?
Generally, no. While a DUI is a serious offence for the person immigrating, it is not considered an offence of a sexual nature or an offence against a relative. Therefore, a Canadian sponsor with a standard DUI is usually not barred from sponsoring.
Can I sponsor my spouse if I am currently in prison?
No. You are absolutely barred from sponsoring anyone to Canada if you are currently incarcerated in a penitentiary, jail, reformatory, or prison.
Does the bar apply to sponsoring parents as well?
Yes. The bar applies to the Family Class generally. If you have a conviction for a violent offence against a relative, you cannot sponsor your parents, grandparents, or children until the bar is legally lifted.
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