In recent years, Canada’s visa application backlogs have persisted, leading to significant delays for spousal sponsorship applicants. to increase your chances of approval, avoid these common reasons for visa denials:
Criminal Inadmissibility Visa Denial
Prior Convictions
Criminal records, including DUI, can lead to denial or deportation. According to the official immigration and citizenship website of the Government of Canada, anyone applying for a visa or an electronic travel authorization may be denied and even deported from the country for “having been convicted of a crime, including driving while under the influence of drugs or alcohol.” In these cases, applicants are considered to be “criminally inadmissible“.
Rehabilitation
Applicants may need to demonstrate rehabilitation through interviews, record suspensions, or temporary resident permits.
Prison Sentence Length
A prison sentence of 10 years or more makes rehabilitation highly unlikely.
Time Elapsed
At least 5 years must have passed since the crime or completion of the sentence.
Spouse Visa Rejection Due to Misrepresentation
There are a variety of ways in which an applicant may misrepresent facts on their application. Misrepresentation doesn’t imply a malicious manipulation of the facts. Rather, it simply refers to not getting the facts right. As a result, not being admitted due to misrepresentation may occur if the candidate accidentally provides incorrect information or doesn’t understand the question being asked. Misrepresentation also refers to the applicant providing the wrong information on purpose or concealing facts through other implications.
Unsatisfactory Proof of Relationship
You will want to be sure to show all proof that your relationship is real, otherwise the Canadian government can use it as evidence to deny your visa if they doubt the authenticity of the relationship. Here are some ways you can prove that your relationship is real:
- Strong evidence required: Demonstrate a genuine and enduring spousal relationship through extensive documentation.
- Communication records: Include emails, phone calls, social media interactions, travel history, and shared financial accounts.
- Joint assets: Evidence of joint property ownership or bank accounts can strengthen the claim.
If you fail to prove some of these bullet points, the government may still be skeptical about your relationship and deny your spousal sponsorship visa.
Health Inadmissibility for Spousal Sponsorship
Many people who wish to apply for a visa need to go through health testing before being allowed to enter the country under sponsorship programs. If these tests uncover a serious medical illness, there are a trio of reasons why the government may deem an applicant as inadmissible. Below are examples of what medical issues may cause you or your spouse a visa denial:
Communicable Diseases
If an applicant has a communicable disease that’s considered dangerous, they may be denied entry as a threat to public health.
Violent Behavior
Medical conditions that lead to violent behavior due to illness may be grounds for inadmissibility due to the candidate being a threat to public safety.
Excessive Healthcare Costs
If tests diagnose a condition that is expensive to treat, the applicant will be denied a visa for inadmissibility due to excessive demands on health and social services.
There aren’t any exact numbers or diseases listed that result in inadmissibility. The government considers a condition that will require treatment which costs more than the per capita healthcare spending of a Canadian citizen for five consecutive years as a burden on the system.
Why Legal Help for Spousal Sponsorship is Important
In order for your application to be successful, all of the requirements must be met, and even the slightest error on an application can lead to a refusal. In order to take advantage of this great opportunity, individuals should enlist the help of a legal professional who knows how to send a package that will provide an applicant with the best chance to be sponsored.
Are You Interested in Spousal Sponsorship?
If so, Contact VisaPlace today. All our cases are handled by competent and experienced immigration professionals who are affiliated with VisaPlace. These professionals consist of lawyers, licensed paralegals and consultants who work for Niren and Associates an award winning immigration firm that adheres to the highest standards of client service.
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President & CEO
Michael Niren
Mr. Niren is CEO of VisaPlace LLC and the President and Managing Partner of VisaPlace Legal Canada, an immigration law firm based in Toronto, and VisaPlace Legal US a law firm registered in The District of Columbia, USA. Mr. Niren is a graduate of Osgoode Hall Law School in Toronto, a member of the Law Society of Upper Canada, the Canadian Bar Association’s Citizenship and Immigration Section, American Lawyers Association, and an Associate Member of the American Bar Association.
