(403) 452-9515

Ackah Law

Search Ackah Law...

Contact us

Contact Information

1 (403) 452-9515

1 (800) 932-1190

Book a Consultation

More Options...

My Husband is American and I am Canadian. We would like to move to Canada. Will his past Criminality impact my ability to sponsor him?

Blog posted on by Evelyn Ackah in Inadmissibility Issues and Waivers and Criminal Inadmissibility

My Husband is American and I am Canadian.  We would like to move to Canada.   Will his past Criminality impact my ability to sponsor him?

Depending on your husband’s charge, conviction or sentence and how long ago the offence(s) occurred, he may be found to be inadmissible to Canada and not eligible to be sponsored for permanent residence in Canada.

The first step to determine inadmissibility is to compare the U.S. offence to the equivalent Canadian offence. For example, if the conviction was a DUI, or reckless driving, the Canadian equivalent may be found under Section 253 or Section 249 of the Canadian Criminal Code. The maximum punishment for such an offence if it was committed in Canada would be a term of imprisonment not exceeding five years, however, if someone was injured during the incident it could be significantly longer. Where the maximum sentence for a crime would be more than ten years, it is considered to be “serious criminality” . Your husband can still apply for rehabilitation at the Canadian Consulate for this.

If your husband only has one conviction, the crime he committed is punishable by a jail sentence of less than 10 years in Canada and more than ten years has passed since the completion of the sentence (including all probation) he may be eligible to apply for deemed rehabilitation at the POE.

If your husband only has one conviction and the crime he committed is punishable by a jail sentence of less than 10 years in Canada, but only five years have passed since the completion of the sentence (including probation) or the offence he committed is punishable by a jail sentence of longer than 10 years your husband will need to apply for rehabilitation at a Canadian Consulate. This process can take a year or more to complete, so you should apply for rehabilitation as soon as possible, even before beginning the sponsorship process. If you don’t, you may find that your application is delayed, or worse –your application to sponsor him for permanent residence could be denied.

It’s not always easy to tell what may be considered an offence that leads to inadmissibility. Our team at Ackah Business Immigration Law has over 25 years of combined experience in making these types of applications and we are ready to assist you with your rehabilitation application today.


Evelyn Ackah

Founder/Managing Lawyer

Ms. Ackah is passionate about immigration law because it focuses on people and relationships, which are at the core of her personal values. Starting her legal career as a corporate/commercial ...

More About Evelyn Ackah

Cannabis Pardon Does Not Guarantee You Can Enter the U.S.

Canada Bill C-93, an amendment to the Criminal Records Act to expedite granting pardons for Canadians with criminal records for simple possession of cannabis was tabled by the federal ...

Read More

Marijuana Medical Use: Can I Get a Visa Waiver to Enter the US?

In the United States, cannabis use is legal in many states, particularly for medical use, but is still classified as a Schedule I narcotic drug by the DEA and remains federally prohibited. ...

Read More

New TSA Rules on CBD Oil Do Not Include Canada Users

In May 2019 the United States Transportation Security Administration (TSA) updated their cannabis policy to allow some forms of cannabidiol (CBD) oil on flights. TSA.gov new regulations ...

Read More

US Visa Applicants & Travellers Denied Entry Due To Their Social Media

More and more visitors to the United States are being denied entry by U.S. border officials after a review of their social media and other online accounts. In late August a 17-year old ...

Read More

Lifetime Ban For Canadian Crossing Into U.S. With CBD Oil

Canada's marijuana legalization and decriminalization have resulted in many criminal inadmissibility questions for individuals and corporate Canada/U.S. cross-border business. ...

Read More

Canada and U.S. Border Agents Share Traveller Data

U.S. Customs and Border Protection (CBP) and the Canada Border Services Agency (CBSA) have begun to exchange biographic traveller data, travel documents, and other information ...

Read More

Thanks for your consistency and concern. I did receive the PR card 2 weeks ago. Thanks so much to you and your firm for your support on this important step on my professional career and personal life.

– Bojdan Statutiak

View All Testimonials