Month: November 2021

People who want to enter Canada from another country but have criminal records (even if they’re non-violent offences like DUI) may be inadmissible. That means they could be denied entry at the border or refused an eTA when they attempt to fly to Canada. Criminal inadmissibility may also prevent a person from being eligible for immigration programs like spousal sponsorship. Even a criminal record dating back to 15 to 20 years ago can still make a person ineligible for immigration to Canada.

With that in mind, if your spouse has a criminal record, the sponsorship application to get them to Canada will likely be refused due to criminal inadmissibility. Both outland and inland spousal sponsorship can be affected by criminal inadmissibility. It doesn’t matter if you have a valid immigration visa – if it’s found that you have a criminal record, you will face trouble when you try to enter the country. 

If you find yourself in this situation, you might be wondering if there’s a way around it. Canada immigration consultants from Bright Immigration shares some information:

Resolving the Issue of Criminal Inadmissibility

As mentioned above, Canada does not allow inadmissible foreign nationals with criminal records to enter its borders, even if they happen to be partners of permanent residents or Canadian citizens. That said, there is a possibility of overcoming criminal inadmissibility. If this is successful, one can be allowed to fly to Canada as sponsored by their spouse despite their criminal history. This is through Canadian Criminal Rehabilitation which helps a person from a foreign country who is criminally inadmissible to petition the government authorities to pronounce them safe or “rehabilitated.” Criminal rehabilitation may take between six and twelve months. It’s a permanent solution, and it needs to be done once, given the person is never arrested again. 

A Temporary Resident Permit can allow a person to overcome their criminal inadmissibility, but this is just a temporary solution that is only applicable for a limited time period. This won’t help your spousal sponsorship application. The Canadian Criminal Rehabilitation is the only way to make a criminally inadmissible person eligible for spousal sponsorship. 

Take note that eligibility for Criminal Rehabilitation Canada requires that five years have already passed since the completion of any sentence, including given probation or payment of fines.

Deemed Rehabilitation

A foreign national convicted of one non-serious crime in their home country may be “deemed rehabilitated” if it has been at least ten years since the sentence they receive is finished. But to be eligible for this, the Canadian equivalent of the offence committed must have a maximum sentence of no more than ten years in prison. The incident should not involve the use of a weapon, physical harm to other people, or major property damage. Once a person is “deemed rehabilitated” by Canadian immigration, they may be eligible for spousal sponsorship. 

Conclusion

These are the basics of what you need to understand about sponsoring a partner with a criminal record. As you can see, there’s no easy way to enter Canada if the foreign national has a criminal history, but there’s still a possibility. This could be discussed with you in-depth by a reputable immigration consultant. 

Bright Immigration can provide you with expert immigration consultancy services. If you’re looking for professional help from a trusted firm, please contact us at info@brightimmigration.com or call 1-888-404-8472.

There are plenty of opportunities to take when you want to reunite with your partner and sponsor them to live with you permanently in Canada. Before we dive into the different types of sponsorship available, it’s important to know whether you are eligible to sponsor in the first place. 

With that in mind, what are the eligibility criteria to sponsor your partner living outside of Canada?

• You need to be at least 18-years-old; 
• You need to either be a Canadian citizen, a permanent resident or registered as an Indian under the Canadian Indian Act; 
• You need to live in Canada with the sponsored partner once he/she becomes obtains a permanent resident status; 
• You should not have social assistance for any other reason other than a permanent disability; 
• You need to have the financial capability to provide for the basic needs of your sponsor for at least three years, which involve paying for food, clothing, shelter, and healthcare, 
• You and your sponsored partner needs to sign an agreement that both of you understand your mutual obligations as partners living in Canada; 

If you are eligible to sponsor, then you can move forward with the process in three ways depending on your type of relationship: spouse, common-law partner, and conjugal partner. 

Definitions and Documents Needed in Sponsoring Your Spouse

Going this route means you are legally married to your partner, be it they’re the opposite or same gender. To sponsor your husband or wife, you will need the following documents: 

• A valid marriage certificate
• Relationship Information and Sponsorship Evaluation questionnaire
• Sponsorship Agreement and Undertaking
• Generic Application Form 
• Photos of the wedding and invitations
• Proof of relationship between partners such as text messages, letters, social media conversations, photos which are taken at different times and places
•  Photocopy of sponsor’s PR card or citizenship card/certificate or Indian status card (certificate of Indian status)
•  Passports and/or travel documents
•  Police certificates and clearances
• Proof of joint ownership of property, or utility bills, or car insurance, or tax forms

Definitions and Documents Needed in Sponsoring Your Common-Law Partner

If you are not legally married but have been living together in a marital-like relationship for at least 12 consecutive months, this kind of relationship is considered a common-law partnership. In this setting, you will need the following documents when applying for Canada’s sponsorship program:

• Statutory Declaration of Common-Law Union
• Sponsorship Agreement and Undertaking
• Generic Application Form
• A copy of the sponsor’s PR card, citizenship card, or Indian status card
• Proof of relationships such as text messages, letters, social media chats, photos, and more
• Proof of living together and shared bills
• Police certificates and clearances

Definitions and Documents Needed in Sponsoring Your Conjugal Partner

If you and your partner cannot live together due to religious or sexual orientation restrictions, then this is considered a conjugal relationship. Canada is open to all types of relationships, so long as you can meet the following requirements: 

• Sponsorship Agreement and Undertaking
• Generic Application Form
• Police certificates and clearances
• Evidence of the authenticity of your relationship 
• Proof that you have been together for at least a full year

The Bottom Line: Sponsoring Your Partner in Canada

Long-distance relationships are challenging, but partners often strive to reunite someday and build a future together. If you’re planning to sponsor your foreign partner to Canada and start a life with no distance getting in the way of your relationship, Canada’s welcoming immigration system offers plenty of opportunities to reconnect permanently. 

How Can Bright Immigration Help You?

The immigration process can be daunting for most people, particularly since meeting eligibility requirements and delivering accurate documents are time-consuming on top of being stressful. 

Rushing the process and skipping research increases your risk of getting rejected visas; that’s why working with an immigration company can simplify your immigration experience as they can guide you every step of the way. 

If you’re looking for some professional help from a trusted firm, please contact us at info@brightimmigration.com or call 1-888-404-8472. We are fully committed to delivering quality legal and immigration services so you can reach your dreams of moving to Canada as smoothly as possible.

Do you have plans to immigrate to Canada? Then you should know that there are several crimes that could lead to a denial of entry to the country. While there are some that won’t affect your chances of getting in, several offenses mean automatic rejection.

If you are wondering what those crimes are, Bright Immigration, your trusted immigration consultant in Toronto, shares the types of crimes that can cause denied entry to Canada: 

5 Crimes That Make a Person Inadmissible to Canada

1. Serious Crimes

Any crime punishable by a maximum of ten years of incarceration is considered a serious crime in Canada. These crimes can include first or second-degree murder. Manslaughter, even vehicular homicide, which is the killing of a person through reckless driving, can significantly lower your chances of entering Canada. 

 2. DUIs

DUI or driving under the influence is taken seriously in Canada. When you drink alcohol while driving or before getting behind the wheels is a huge driving offense, and if you have been arrested for this, there’s a big chance that you won’t be allowed entry to Canada. 

Why is it such a huge offense? It is because drinking and driving can easily result in the injury of others and even the death of innocent people on the road. Because Canada is a country that truly values the safety of its people, it won’t allow the entry of people who can put the safety of Canadians at risk. 

3. Theft

Theft is also a crime that could jeopardize your chances of immigrating to Canada. Some might think that it’s not that serious. Well, not in the Great White North, as you can be denied entry if you have been arrested for theft in your country. 

4. Drug Possession and Drug Trafficking

CDSA or Canada’s Controlled Drugs and Substances Act states that when you have drugs on you or your property if you give it to someone else with the intent to use the drug yourself is an act called drug possession.

Drug trafficking, on the other hand, involves either the manufacturing or selling of illegal substances. 

Either of these two drug-related chases is considered a top offense that can get in the way of your application for immigration to Canada for several years. That said, after a few years, you might be given a chance to try again. For more information on this, you can consult a reputable immigration expert like Bright Immigration. 

5. Weapons Violation

Violation of local or provincial laws that prohibit manufacturing, purchasing, selling, transport, or use of deadly weapons like firearms is also taken seriously in Canada. If you want to increase your chances of immigrating to Canada, make sure that you don’t have any records of illegal possession or use of firearms. 

Conclusion

Any of the crimes that have been discussed above are a risk to the safety of Canadian citizens, permanent residents, and tourists. It is therefore understandable that Canada denies people with records of these crimes. 

That said, for some of these crimes, there may still be hope for you. You can consider applying for rehabilitation, for instance. That said, it’s still not an assurance that you’d be allowed entry to Canada. If you wish to know about crimes that can prevent you from entering Canada, you can reach out to a trusted immigration consultant. 

Bright Immigration is a reliable immigration consultant in Toronto that can answer your queries and provide you with professional services. If you’re looking for professional help from a trusted firm, please contact us at info@brightimmigration.com or call 1-888-404-8472. 

Canadian visa application is quite the journey in itself. However, there are a number of mistakes people make during their application that ultimately lead to refusal. It should be noted from the get-go, however, that a refusal is not the same as a return. 

• Refusal – When a visa application to Canada gets this result, it means there was an inability to prove something. Those are usually finances, intent, or supporting documents. This also happens when certain standards aren’t met, particularly in terms of criminal admissibility, security, and health.

• Return – A Canadian visa application that’s returned is usually the result of applications filled out incorrectly or incomplete documents. This can also happen when signatures on forms get overlooked. Returns are also to be expected for programs with a quota. If you didn’t make it to the cut-off, your application would be returned as well. When missing information is the case, the mistakes can be corrected, and reapplication can still be done.

Let’s delve deeper into Canadian visa refusal in particular.

Canadian Visa Refusal

The Immigration Refugee Citizenship Canada (IRCC) usually provides a letter aiming to explain the rejection of an application. Reasons for the visa refusal, however, are not really spelled out clearly. This can be particularly annoying for those looking for Canadian Study, Visitor, or Work Visas. The good news is that there are still actions that can be taken to get a Canadian visa even after refusal has occurred.

Read on to learn more about common reasons for refused Canadian visa applications:

• Current Employment – If you don’t have a job, depending on your visa application, not being employed will directly affect your visa application’s success rate.

• Lack of Job Opportunities in Your Home Country – Some countries have salary rates that are lower on average compared to what’s offered in Canada. However, the IRCC will likely doubt that you’ll go home after studying or visiting the country. Your visa application will be viewed as high-risk more than anything.

• Length of Stay – When someone is looking to stay for a longer period, the amount of funds they will need is quite hefty.

• Proof of Funds – An applicant has to be able to show that they have enough funds to get them through their stay and travel in Canada. How much you have to show depends entirely on how many people are with you on the trip, and how long you plan to be there.

• Source of Funds – The Canadian government will check to see how any funds you present were accumulated. If your bank accounts have non-consistent deposits, that won’t look good on your application.

• Travel History – This is largely dependent on what your nationality is. For the most part, if a person hasn’t traveled anywhere other than their home country, their application will be weak. Ideally, you should have done some traveling to places other than Canada before and gone back to your home country without fuss (a holiday, for example, or going to visit family.)

Conclusion

When a visa application to Canada is rejected, it’s either refused or returned. The letter outlining the rejection doesn’t really go into detail about why the refusal happened. According to Canada immigration consultants, Visa refusal can happen due to factors like travel history, proof of funds, and lack of job opportunities in your home country. No matter the possible reason, it’s best to have the guidance you need when applying for a Visa.

If you’re looking for professional help from a trusted firm, please contact us at info@brightimmigration.com or call 1-888-404-8472.

Canada Immigration: How to Sponsor a Dependent Child

If you’re wondering whether it’s possible to sponsor a dependent child living outside of Canada, the answer is yes. In fact, the Canadian government strongly encourages individuals to bring their families with them when moving to Canada. Thus, they offer family sponsorship programs that allow citizens to sponsor spouses and relatives.

However, it’s vital to note that there are requirements and conditions both the sponsee and the sponsor must meet to qualify. So to keep you on the right track in sponsoring a child to immigrate to Canada, below is a helpful guide that contains vital information you need to know about the process.

Definition of Dependent Child

First things first, let’s be clear on the definition of a dependent child. So in line with the rules and regulations of Canadian immigration, an individual is considered a dependent child if they meet the criteria below.

• Under the age of 22, not married or involved in a common-law relationship
• Over the age of 22, financially dependent on the parent since younger
• Over the age of 22, dependent on parent due to physical or mental condition
• A spouse or common-law partner under the age of 22 but remains to be financially dependent on the parent

With these, it’s clear that specific conditions define a dependent child in terms of immigration. Thus, it’s essential to make sure the individual you want to sponsor qualifies as one before applying.

Sponsor Eligibility Requirements

Of course, if there are eligibility requirements for sponsored parties, there are also sponsor qualifications to make things fair. Note that not just anyone can freely sponsor someone else to immigrate to Canada. Thus, if you’re thinking of doing so, make sure you meet all the listed requirements below.

• At least 18 years of age
• Must either be a Canadian citizen, a permanent resident, or a person registered in Canada as an Indian in relation to the Canadian Indian Act
• A person who is not receiving social assistance for reasons other than a disability
• A person able to provide for the basic needs of the sponsored party

As long as you meet all these, you are qualified to sponsor your spouse, relative, conjugal partner, common-law partner, or dependent child living outside of the country.

Dependent Child Sponsorship Process

Now that we’ve cleared up eligibility requirements to qualify for a sponsorship program, it’s time to talk about the process involved in applying for one. And contrary to what others say, the entire procedure isn’t actually as cumbersome as it seems.

In general, it merely involves filling in the application forms and submitting the necessary documents. Also, you have to pay a non-refundable processing fee upon submission of the application.

If successful, you will be asked to pay a Right of Permanent Residence Fee for every individual 19 years old and above for the visa to be issued. And, of course, the sponsored party must go to Canada before it expires.

Conclusion

The process of sponsoring a dependent child is pretty simple and straightforward. And if you and the sponsored individual meet all the requirements listed above, you’ll find that you won’t encounter any problems applying for one.

In need of an immigration consultant in Toronto to assist you in applying for a sponsorship? Bright Immigration is an immigration agency in Toronto dedicated to simplifying the processes involving immigration applications for clients. If you’re looking for professional help from a trusted firm, please contact us at info@brightimmigration.com or call 1-888-404-8472.