criminal record.....

[niki4chris]

my Canadian husband has a criminal record in England when he lived there was 10 years ago will this stop him sponsoring me in Canada ( British wife) but we live in Canada now will their just check his record in Canada with him been Canadian

 

[scylla]

my Canadian husband has a criminal record in England when he lived there was 10 years ago will this stop him sponsoring me in Canada ( British wife) but we live in Canada now will their just check his record in Canada with him been Canadian

Depends what the record is for. Was it an assault / offense against a family member or someone he was in a relationship with at the time? Or something else?

 

[niki4chris]

Depends what the record is for. Was it an assault / offense against a family member or someone he was in a relationship with at the time? Or something else?

Was assault but again record is in england so not sure if that would even show on his Canadian record, thought they would only look at my English record which is clean, then look at his Canadian record

 

[scylla]

Was assault but again record is in england so not sure if that would even show on his Canadian record, thought they would only look at my English record which is clean, then look at his Canadian record

You may not be eligible to sponsor your spouse, partner or child if you:

• you were convicted of attempting, threatening to commit or committing a violent criminal offence, any offence against a relative or any sexual offence inside or outside Canada

https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/family-sponsorship/spouse-partner-children/eligibility.html

 

[niki4chris]

You may not be eligible to sponsor your spouse, partner or child if you:

• you were convicted of attempting, threatening to commit or committing a violent criminal offence, any offence against a relative or any sexual offence inside or outside Canada

https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/family-sponsorship/spouse-partner-children/eligibility.html

I know this already, was just asking cause weren’t sure if they would ask a Canadian citizen for a British police check

 

[scylla]

I know this already, was just asking cause weren’t sure if they would ask a Canadian citizen for a British police check

They won't ask him for any PCCs - they will simply do a background check.

 

[niki4chris]

They won't ask him for any PCCs - they will simply do a background check.

And his record from England will show up ?

 

[scylla]

And his record from England will show up ?

You should expect it will and should have all of the court documents / legal paperwork available if IRCC asks to see it.

 

[canuck78]

It is always best to be upfront versus CIC discovering the charge.

 

[niki4chris]

You should expect it will and should have all of the court documents / legal paperwork available if IRCC asks to see it.

It was assault and was giving community services no jail time hope that makes a difference read that can go against only if was a crime that could get up to 10 years in jail which it did not

 

[k.h.p.]

The question is not on what the punishment was, but what the punishment could be if it was charged in Canada.

 

[niki4chris]

The question is not on what the punishment was, but what the punishment could be if it was charged in Canada.

just worried now that spousal sponsorship will get refused cause his record. what else could i do to stay in canada with my family, seems unfair that i will be punished for a mistake he made many years ago...

 

[k.h.p.]

You need to engage the services of a lawyer. You've stayed in Canada a very long time as a visitor, haven't been ready to apply for spousal sponsorship until after your extension was refused, and are now discovering potential challenges to a sponsor approval.

It may be the case that his criminal record poses no problem to immigration. But you probably need a lawyer to advise you what to do.

 

[k.h.p.]

just worried now that spousal sponsorship will get refused cause his record. what else could i do to stay in canada with my family, seems unfair that i will be punished for a mistake he made many years ago...

I know it seems unfair to you, but there are reasons for this prohibition.

First, the prohibition on sponsors convicted of serious crimes like assault, or crimes against family members, is to protect sponsored persons. Canada does not want to allow criminals to bring people who would be dependent on them into Canada, thus putting the sponsored person into a dangerous situation or a situation where Canada's support systems would be forced to protect them. It's better that they not come to Canada in the first place.

Second, the prohibition is a consequence of being a criminal. When you commit a crime, you lose certain privileges.

But again - it's entirely possible that his criminal record will prove no barrier to sponsorship. Or he could apply for rehabilitation. But one way or the other, you need a lawyer. And you need one now, given that your status is precarious at best.

 

[niki4chris]

I know it seems unfair to you, but there are reasons for this prohibition.

First, the prohibition on sponsors convicted of serious crimes like assault, or crimes against family members, is to protect sponsored persons. Canada does not want to allow criminals to bring people who would be dependent on them into Canada, thus putting the sponsored person into a dangerous situation or a situation where Canada's support systems would be forced to protect them. It's better that they not come to Canada in the first place.

Second, the prohibition is a consequence of being a criminal. When you commit a crime, you lose certain privileges.

But again - it's entirely possible that his criminal record will prove no barrier to sponsorship. Or he could apply for rehabilitation. But one way or the other, you need a lawyer. And you need one now, given that your status is precarious at best.[/QUOTE

I know it seems unfair to you, but there are reasons for this prohibition.

First, the prohibition on sponsors convicted of serious crimes like assault, or crimes against family members, is to protect sponsored persons. Canada does not want to allow criminals to bring people who would be dependent on them into Canada, thus putting the sponsored person into a dangerous situation or a situation where Canada's support systems would be forced to protect them. It's better that they not come to Canada in the first place.

Second, the prohibition is a consequence of being a criminal. When you commit a crime, you lose certain privileges.

But again - it's entirely possible that his criminal record will prove no barrier to sponsorship. Or he could apply for rehabilitation. But one way or the other, you need a lawyer. And you need one now, given that your status is precarious at best.

i have done my restoration and attach receipt for PR on grounds of sponsorship once IF my visa is restated forms for sponsorship will be put in keep my fingers crossed, i have also been offered work too so don't no if should put work visa into or just wait for now see if other things go thru first...