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Criminal Record- Spousal Sponsorship

Kesha

Full Member
Apr 22, 2016
28
1
Hi ,

My husband and I are working on a spousal sponsorship , I am here as a foreign worker and want to compile all the information to make a submission. I have spoken to several persons both lawyers and the immigration helpline about the application and was told. We can submit the application because five years have elapsed since the conviction. Some say we have a better try with getting a record of suspension. My husband was in a incident with his ex and he was placed a 9 months probation because the judge was merciful because it was his first conviction and both were drunk. Please note no one was hurt in the incident.

We have gather most the information we think we need to move forward and will be submitting the record of suspension paper work soon. I know this is a sensitive topic because once you have a record people are stigmatized, however I would like some feedback if anyone have had to go through a similar event. I have found that most law office once they know this situation becomes just a money grabbing run.... We are not rich we are just two individual that loves each other and have a beautiful family together.

If anyone can give useful advice how we can put our application together it would be more that helpful.
Thanks in advance.
 

shalenabennie

Champion Member
Jan 17, 2017
1,315
313
Visa Office......
London
I can not stress this enough. Get the record suspension. My husband and I just went through this this year. Our application was denied after 1 year of processing, we needed to appeal. All he had was fines. No jail time nothing. And it was almost 15 years ago! Our case worker said the only way to overcome the inadmissiblity was to apply for the record suspension we did, and our appeal was allowed. Please don't waste your time. And yes a lawyer will tell you it will be fine, because it's easy money for them. Please do the record suspension. It will save you time In the end!
 
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shalenabennie

Champion Member
Jan 17, 2017
1,315
313
Visa Office......
London
I'm not saying ng 100%you should do this but you could. If you want to get the ball rolling, a record suspension takes up to 6 months, apply for the suspension, wait 1 month and then apply fit the sponsorship, hopefully by the time they get around to the background check, you'll have your record suspension. Bgc comes after eligibility and medical so you should have time depending on your office.
 
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Reactions: Kesha

Kesha

Full Member
Apr 22, 2016
28
1
I can not stress this enough. Get the record suspension. My husband and I just went through this this year. Our application was denied after 1 year of processing, we needed to appeal. All he had was fines. No jail time nothing. And it was almost 15 years ago! Our case worker said the only way to overcome the inadmissiblity was to apply for the record suspension we did, and our appeal was allowed. Please don't waste your time. And yes a lawyer will tell you it will be fine, because it's easy money for them. Please do the record suspension. It will save you time In the end!

Thank you for your advice.
 

Kesha

Full Member
Apr 22, 2016
28
1
I'm not saying ng 100%you should do this but you could. If you want to get the ball rolling, a record suspension takes up to 6 months, apply for the suspension, wait 1 month and then apply fit the sponsorship, hopefully by the time they get around to the background check, you'll have your record suspension. Bgc comes after eligibility and medical so you should have time depending on your office.
Yes that is what we were planning to try because we decided to to the suspension on our own we would have had sent it off last week but the police station takes two weeks to give you back the information.....not sure why...We are hoping and praying for it to be done this week submit it and have faith that it will work out well. The RCMP check came back quicker than we thought because they said at least 2 months but we got it back in less than a month so that is positive... So just one more piece of information and we can send off the information to Parole Board.
 

Kesha

Full Member
Apr 22, 2016
28
1
I'm not saying ng 100%you should do this but you could. If you want to get the ball rolling, a record suspension takes up to 6 months, apply for the suspension, wait 1 month and then apply fit the sponsorship, hopefully by the time they get around to the background check, you'll have your record suspension. Bgc comes after eligibility and medical so you should have time depending on your office.
also if I do it this way . How would i answer the question regarding violent offence? I would have to say yes right?
 

shalenabennie

Champion Member
Jan 17, 2017
1,315
313
Visa Office......
London
Yes you do But in the section the ask for more information, explain what happened and also explain that you have applied for pardon. If you can, and I think it would help alot, after you apply for the pardon about one month after, you will get a letter saying that they have begun processing it. I would hold off until you get this letter and then include it in your sponsor application
 

Kesha

Full Member
Apr 22, 2016
28
1
Yes you do But in the section the ask for more information, explain what happened and also explain that you have applied for pardon. If you can, and I think it would help alot, after you apply for the pardon about one month after, you will get a letter saying that they have begun processing it. I would hold off until you get this letter and then include it in your sponsor application
Ok great thanks again. Very helpful information.

On another note could you provide me some information of examples of supporting documents you submitted regarding relationship. Do we have to submit or taxes together?
 

canuck_in_uk

VIP Member
May 4, 2012
31,553
7,205
Visa Office......
London
App. Filed.......
06/12
Hi ,

My husband and I are working on a spousal sponsorship , I am here as a foreign worker and want to compile all the information to make a submission. I have spoken to several persons both lawyers and the immigration helpline about the application and was told. We can submit the application because five years have elapsed since the conviction. Some say we have a better try with getting a record of suspension. My husband was in a incident with his ex and he was placed a 9 months probation because the judge was merciful because it was his first conviction and both were drunk. Please note no one was hurt in the incident.

We have gather most the information we think we need to move forward and will be submitting the record of suspension paper work soon. I know this is a sensitive topic because once you have a record people are stigmatized, however I would like some feedback if anyone have had to go through a similar event. I have found that most law office once they know this situation becomes just a money grabbing run.... We are not rich we are just two individual that loves each other and have a beautiful family together.

If anyone can give useful advice how we can put our application together it would be more that helpful.
Thanks in advance.
What was the actual charge? When was his probation finished?
 
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Reactions: Kesha

canuck_in_uk

VIP Member
May 4, 2012
31,553
7,205
Visa Office......
London
App. Filed.......
06/12
I can not stress this enough. Get the record suspension. My husband and I just went through this this year. Our application was denied after 1 year of processing, we needed to appeal. All he had was fines. No jail time nothing. And it was almost 15 years ago! Our case worker said the only way to overcome the inadmissiblity was to apply for the record suspension we did, and our appeal was allowed. Please don't waste your time. And yes a lawyer will tell you it will be fine, because it's easy money for them. Please do the record suspension. It will save you time In the end!
Note that this is a criminal charge for the sponsor, not the applicant. Different situation.
 
  • Like
Reactions: Kesha

shalenabennie

Champion Member
Jan 17, 2017
1,315
313
Visa Office......
London
Ok great thanks again. Very helpful information.

On another note could you provide me some information of examples of supporting documents you submitted regarding relationship. Do we have to submit or taxes together?
You if you havee been living together, and in everything you can thar has both your names on it. Bills, bank accounts, lease agreement, insurance.