Understanding Criminal Inadmissibility for Sponsorship in Canada

Criminal Inadmissibility for Sponsorship is a serious issue that can affect both sponsors and sponsored applicants in Canadian immigration applications.

Whether you are applying for spousal sponsorship, parent sponsorship, or another family class program, a criminal history, even from outside Canada, can result in refusal. Understanding how Immigration, Refugees and Citizenship Canada (IRCC) evaluates criminal records is essential before submitting a sponsorship application.

What Is Criminal Inadmissibility for Sponsorship?

Criminal inadmissibility occurs when either:

• The sponsor has certain criminal convictions, or

• The sponsored applicant has committed an offence that is considered a crime under Canadian law

Under IRCC criminal inadmissibility rules, foreign convictions are assessed using a legal equivalency test. This means the offence is compared to its equivalent under Canadian criminal law — not simply judged by how it was treated in another country.

Because Criminal Inadmissibility Canada assessments are highly technical, reviewing records before applying is strongly recommended.

Criminal Inadmissibility for Sponsors

Sponsors must meet strict eligibility requirements. A sponsor may be ineligible if they:

• Are currently incarcerated

• Are in default of a previous sponsorship undertaking

• Have been convicted of certain violent or sexual offences

• Have committed offences against a family member

In cases involving family violence, sponsor criminal record Canada issues can automatically prevent approval. If the sponsor is found ineligible, the sponsorship application will be refused regardless of the applicant’s eligibility.

More details on sponsor eligibility are available here.

Criminal Inadmissibility for Sponsored Applicants

For sponsored applicants, Criminal Inadmissibility for Sponsorship is typically triggered by past convictions.

The Equivalency Test

Foreign convictions are not assessed based solely on the foreign country’s law. IRCC determines what the offence would be under Canadian criminal law.

Common examples include:

• Theft

• Fraud

• Assault

• Drug-related offences

• Weapons offences

If the Canadian equivalent is classified as serious criminality, the applicant may be inadmissible.

DUI and Criminal Inadmissibility

Since December 2018, Driving Under the Influence (DUI) has been classified as a serious criminal offence in Canada.

This means DUI inadmissibility cases in Canada have increased significantly. Even a single impaired driving conviction outside Canada can result in criminal inadmissibility.

Many applicants are surprised to learn that an old DUI can affect a sponsorship application years later.

Consequences of Criminal Inadmissibility

If criminal inadmissibility is identified:

• A sponsorship application may be refused

• A visa may be denied

• Entry to Canada may be refused

• Processing may be delayed

• Additional applications may be required to resolve inadmissibility

Possible remedies may include:

• Criminal Rehabilitation Canada application

• Temporary Resident Permit Canada (TRP)

• Deemed rehabilitation Canada (if eligibility criteria are met)

Because equivalency and rehabilitation assessments are complex, professional evaluation before applying can prevent costly refusals and delays.

Bringing it to Northia

At Northia Immigration, we understand that Criminal Inadmissibility for Sponsorship cases are highly sensitive and often stressful for families.

A past mistake should not automatically define your future — but Canadian immigration law requires strategic preparation.

Our team assists clients by:

• Conducting equivalency assessments

• Determining eligibility for Criminal Rehabilitation Canada

• Preparing Criminal Rehabilitation applications

• Assessing Temporary Resident Permit Canada options

• Advising sponsors about Sponsor criminal record Canada risks before filing

If you or your partner has a criminal record — including a DUI — it is strongly recommended to assess admissibility before submitting a sponsorship application.

Early evaluation can make the difference between refusal and approval.

Book a consultation with Northia Immigration.