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Immigration

What happens if the sponsored person is charged with a new crime in Canada while the application is pending?

TSL Written by the Treadstone Law team· Updated August 2026

If the sponsored person is charged with a new crime in Canada while the application is pending, this generally needs to be disclosed to IRCC, since it can be relevant to whether they are admissible to Canada. A charge is not the same thing as a conviction, though — inadmissibility under IRPA is most directly tied to findings like convictions or their equivalent, not simply to being charged.

That said, IRCC may still take a pending charge seriously. It's common for IRCC to request updated information about the charge, ask for court documents once available, or delay making a final decision until the criminal matter is resolved, since the outcome could affect the assessment. This can extend how long the application takes, even though the charge alone doesn't automatically make someone inadmissible.

Because the specific offence, how the criminal case unfolds, and the sponsorship category involved all matter to the analysis, this is an area where individual, timely advice matters a lot. If a sponsored person is facing new criminal charges while an application is in process, both the sponsor and the applicant should speak with an immigration lawyer as soon as possible to understand what needs to be disclosed and how to handle the interaction between the criminal and immigration processes.

Key takeaways

  • A new criminal charge during processing generally must be disclosed to IRCC
  • A charge alone is not the same as a finding of inadmissibility
  • IRCC may request updates or delay a decision pending the outcome of the charge
  • Get legal advice promptly, since the specific offence and case details matter
This is general information, not legal advice. It doesn’t create a lawyer–client relationship, and the rules can change. For advice on your situation, a Treadstone immigration lawyer can help.
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