IRCC Concerns About a Sponsor Being in Prison or Under a Removal Order

Immigration, Refugees and Citizenship Canada (IRCC) may find a person ineligible to sponsor a spouse or partner if the sponsor is in jail, prison, a penitentiary, or is subject to a removal order from Canada.

Under paragraph 133(1)(c) of the Immigration and Refugee Protection Regulations (IRPR), a sponsor must not be subject to a removal order. Under paragraph 133(1)(d), the sponsor must also not be detained in a penitentiary, jail, reformatory, or prison.

These requirements can affect a spousal sponsorship application even if the relationship itself is genuine. A sponsor must continue to meet the applicable eligibility requirements while the application is being processed.

IRCC’s spousal sponsorship guidance also states that a person may not be eligible to sponsor if they are incarcerated or if they are subject to a removal order.

Frequently Asked Questions

1. Can someone sponsor their spouse while they are in prison?

Generally, a person who is detained in a penitentiary, jail, reformatory, or prison does not meet the federal sponsorship eligibility requirements while detained.

2. Can a removal order prevent someone from sponsoring a spouse?

Yes. A sponsor who is subject to a removal order may not meet the sponsorship eligibility requirements.

3. Does the sponsor have to remain eligible while the application is being processed?

Yes. Sponsorship eligibility is not only assessed at the time of submission. The sponsor must continue to meet the applicable requirements while IRCC processes the application.

4. What should a sponsor do if their legal or immigration status changes?

The sponsor should review the change carefully and notify IRCC where required. Supporting documents may also need to be submitted to explain the sponsor’s current circumstances.

To discuss more about sponsor eligibility requirements in a Canadian spousal sponsorship application, book your appointment with a Canadian immigration lawyer now.

Disclaimer: This article is provided for general informational purposes only and does not constitute legal advice.