criminal record issues

[coriassphenix]

hello everyone
my wife want to sponsorship me for resident permenent. but it happens that she has a creminal record. over 5000 fraud, 5000 under mischief and impaired. the first one happens in 2008 and the others in 2010.
so i want to know if she applies for me. would it works ? if no please tell what to do ? any suggestions are welcome

 

[starnaenae]

From what ive seen the sponsor doesnt need a police check. Its not to say that immigration wont verify but i dont see it as an issue as it isnt listed as a requirement that the sponsor must have a clean criminal record

 

[Rob_TO]

From what ive seen the sponsor doesnt need a police check. Its not to say that immigration wont verify but i dont see it as an issue as it isnt listed as a requirement that the sponsor must have a clean criminal record

Not entirely correct.

The "Application To Sponsor" form has an Eligibility Assessment which specifically asks if you've been convicted of certain offences, or charged with any offence that carries a maximum sentence of longer than 10 years.

However, they are really looking for violent crimes as explained in the guide: http://www.cic.gc.ca/english/information/applications/guides/5289ETOC.asp#eligibility
You may not be able to sponsor if you…
were convicted of

• an offence of a sexual nature,
• a violent crime,
• an offence against a relative that caused bodily harm or
• threatened or attempted to commit any of the above offences—depending on the nature of the offence, how long ago it happened and if you received a pardon
  
  
  For more information. See Sponsorship Bar for Violent Crime

Fraud, mischief and impaired driving don't sound like they fall under this bar, so sponsorship should be ok. However if any charge here carries a max sentence of 10 years or more, this may cause extra investigation and a delay in the sponsor approval.

 

[coriassphenix]

thank you @Rob_TO and @starnaenae for the helpful informations.
I have read in the internet that Fraud over five thousand dollars carries with it a maximum penalty of fourteen years imprisonment.
and from what i know she has never been in prison thanks to her lawyer.
what to do now ? should we apply or wait her case to be clear ? any extra suggestions are welcome,
thank you

 

[Rob_TO]

thank you @Rob_TO and @starnaenae for the helpful informations.
I have read in the internet that Fraud over five thousand dollars carries with it a maximum penalty of fourteen years imprisonment.
and from what i know she has never been in prison thanks to her lawyer.
what to do now ? should we apply or wait her case to be clear ? any extra suggestions are welcome,
thank you

What do you mean "wait her case to be clear"? If these charges are still pending in the courts, then most likely she can't sponsor until the case has been completely closed.

http://www.cic.gc.ca/english/resources/manuals/ip/ip02-eng.pdf
5.36. Suspension of processing Processing of a sponsorship application may be suspended if a sponsor or co-signer becomes subject to:
• serious criminal charges (i.e. involving an offence punishable by a maximum term of imprisonment of at least 10 years);

 

[Helena R]

Rob TO has it right

 

[coriassphenix]

What do you mean "wait her case to be clear"? If these charges are still pending in the courts, then most likely she can't sponsor until the case has been completely closed.

The case has been closed. what i meant is we actually hire a lawyer to help remove the criminal records. Apparently the took over 1 year to get it all removed.

 

[coriassphenix]

The case has been closed. what i meant is we actually hire a lawyer to help remove the criminal records. Apparently the took over 1 year to get it all removed.

 

[Rob_TO]

The case has been closed. what i meant is we actually hire a lawyer to help remove the criminal records. Apparently the took over 1 year to get it all removed.

Since the crime (fraud) is not on the list of crimes that would ban one from being a sponsor (mainly just violent crimes), it would probably be ok. IRCC specifically asks about any crime with max sentence over 10 years which seems to apply here, so ultimately I would expect a delay in sponsorship processing but would eventually be approved.

 

[coriassphenix]

This website is such a release for me.
thank you Rob_To AND everyone for the answers and information. you just ave the GREEN LIGHT.