Sponsor with a criminal record

[Peterandmelvie]

Hello all,
I am a Canadian citizen who has recently married my wife from the Philippines in the Philippines and was planning to bring her to Canada as soon as I could, until I found out there may be a problem.
I have a criminal record of sexual assault which I received 3 years for.
I voluntarily turned myself in after hiding the offence for 13 years.
I completed my mandatory sentence last February 2018.
What challenges am I going to face in brining her to Canada?

 

[James_NZ1]

Hello all,
I recently married my wife from the Philippines in the Philippines and was planning to bring her to Canada as soon as I could, until I found out there may be a problem.
I have a criminal record of sexual assault which I received 3 years for.
I voluntarily turned myself in after hiding the offence for 13 years.
I completed my mandatory sentence last February 2018.
What challenges am I going to face in brining her to Canada?

Hi There
Sexual assault deems you inadmissible to Canada. You must wait 10 years before you are admissible to Canada from the last day of your conviction or sentence. You can however apply for what is called deemed rehabilitation but only after 5 years has passed since your conviction or sentence. If you are within the 5 years since your sentence then rehabilitation is not possible and you will need to apply regardless to enter Canada. This entry is only under extreme circumstances and is a one off temporary visa IE to attend a wedding or funeral in Canada.

Are you already in Canada? or are you in the Philippines planning to move to Canada with your wife? Have you had a visa in Canada before?

If you are serious about coming to Canada with your wife you will need to overcome your inadmissibility but only if you meet the eligibility set out in the link below. A application for rehabilitation can take up to a year to approve or decline.

https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/guide-5312-rehabilitation-persons-inadmissible-canada-past-criminal-activity.html

 

[ashpash22]

Hi There
Sexual assault deems you inadmissible to Canada. You must wait 10 years before you are admissible to Canada from the last day of your conviction or sentence. You can however apply for what is called deemed rehabilitation but only after 5 years has passed since your conviction or sentence. If you are within the 5 years since your sentence then rehabilitation is not possible and you will need to apply regardless to enter Canada. This entry is only under extreme circumstances and is a one off temporary visa IE to attend a wedding or funeral in Canada.

Are you already in Canada? or are you in the Philippines planning to move to Canada with your wife? Have you had a visa in Canada before?

If you are serious about coming to Canada with your wife you will need to overcome your inadmissibility but only if you meet the eligibility set out in the link below. A application for rehabilitation can take up to a year to approve or decline.

https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/guide-5312-rehabilitation-persons-inadmissible-canada-past-criminal-activity.html

This info is correct if OP is the principal applicant but OP said they were the Canadian trying to sponsor.

Hello all,
I am a Canadian citizen who has recently married my wife from the Philippines in the Philippines and was planning to bring her to Canada as soon as I could, until I found out there may be a problem.
I have a criminal record of sexual assault which I received 3 years for.
I voluntarily turned myself in after hiding the offence for 13 years.
I completed my mandatory sentence last February 2018.
What challenges am I going to face in brining her to Canada?

Unfortunately, because of your conviction of a sexual offence, you are ineligible to become a sponsor. https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/family-sponsorship/spouse-partner-children/eligibility.html

 

[Erdbeerchen]

Hi There
Sexual assault deems you inadmissible to Canada. You must wait 10 years before you are admissible to Canada from the last day of your conviction or sentence.

Hi, the OP stated that he is Canadian Citizen therefore a charge in Canada does not make him inadmissible to enter Canada.

@Peterandmelvie my husband and I had the same problem and I landed successfully in March this year. But sure every case is different and this is a very complicated and challenging topic, I hope some senior members can give you more insight. Maybe check out the following link

https://www.canada.ca/en/immigration-refugees-citizenship/news/archives/backgrounders-2011/violent-criminals-barred-sponsoring-members-their-family.html

In the bottom you can read: The sponsorship bar remains in effect until an individual convicted in Canada is either pardoned or acquitted on appeal, or where five years have elapsed since the completion of an imposed sentence. For convictions outside Canada, the sponsorship bar is in effect until an individual is acquitted on appeal, or where five years have elapsed since the completion of an imposed sentence and the sponsor has demonstrated that they are rehabilitated. The regulatory changes do not alter the duration of the bar.

also this link:

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/bulletins-2011/361-november-23-2011.html

hope this helps. Good Luck!

 

[Peterandmelvie]

Hello Erdbeerchem, thank you for your help.
Did your husband have to wait the 5 years before he brought you to Canada?

 

[Erdbeerchen]

Hello Erdbeerchem, thank you for your help.
Did your husband have to wait the 5 years before he brought you to Canada?

no problem you are welcome! My husband completed his sentence 15 years ago, we talked to an Immigration Lawyer before we applied and he told us that we were good to apply since the sentence was 15 years ago.

 

[Peterandmelvie]

I just finished my sentence in February, so I guess that means I have to wait 4.5 more years..

 

[Erdbeerchen]

I just finished my sentence in February, so I guess that means I have to wait 4.5 more years..

sorry, I don`t know if there is any way around or how long one has to wait to be eligible for a pardon, maybe some experienced senior members can give you hopefully a bit more insight/suggestions.

 

[AlbertaPNP]

Hi I have question regarding sponsoring my spouse. I got arrested and charged for solicitation( obtaining sexual services for consideration) but my charge was withdrawn.
Can I sponsor my spouse without any complcation.
Please reply

 

[Tinamakar]

Hi I have question regarding sponsoring my spouse. I got arrested and charged for solicitation( obtaining sexual services for consideration) but my charge was withdrawn.
Can I sponsor my spouse without any complcation.
Please reply

What's d status of ur application??

 

[worriedguy28]

Hi all,

I am hesitant and scared about sponsorship for my Korean wife.
I have a Korean criminal record in year 2018 for taking pictures of girls on a beach openly (not secretly hiding the camera)
I was with some friends and started to take pictures of us, people around, and scenery. However, it was simple random pictures of girls walking by (No up-skirts etc). A police officer demanded to see my phone and found shots of girls in bikini.
I attended rehabilitation classes (education of sex offenses) and paid a fine.

How does this affect my application (I am sponsor)? I am overwhelmed with information and very intimidate at this moment.
How long must I wait before I start sponsorship?
Will there be a background check on me in general if I apply outland?
Would my chances of getting background check be zero, if I moved back to Canada and apply as inland?
Is it register in the Canadian Police records once I apply? I am afraid it will my future job back in Canada.

Please provide constructive feedback on how I can proceed.

Thank you for your understanding.

 

[canuck_in_uk]

Hi all,

I am hesitant and scared about sponsorship for my Korean wife.
I have a Korean criminal record in year 2018 for taking pictures of girls on a beach openly (not secretly hiding the camera)
I was with some friends and started to take pictures of us, people around, and scenery. However, it was simple random pictures of girls walking by (No up-skirts etc). A police officer demanded to see my phone and found shots of girls in bikini.
I attended rehabilitation classes (education of sex offenses) and paid a fine.

How does this affect my application (I am sponsor)? I am overwhelmed with information and very intimidate at this moment.
How long must I wait before I start sponsorship?
Will there be a background check on me in general if I apply outland?
Would my chances of getting background check be zero, if I moved back to Canada and apply as inland?
Is it register in the Canadian Police records once I apply? I am afraid it will my future job back in Canada.

Please provide constructive feedback on how I can proceed.

Thank you for your understanding.

If you've told the truth about what happened, it is not a crime in Canada, so no issue. You don't need to wait to apply and it won't be "registered in Canadian police records".

 

[Stu_Leigh]

Hi. If my BF has a petty assault charge and it's been 5 years since he his probation ended can he sponsor me?

 

[hrrstina]

Hello everyone,


My husband, a Canadian citizen, is planning to apply for Spousal Sponsorship.

I currently have an open work permit and we are living together since July 2020. We just got married this month of December 2020 at the Church.

My husband was convicted to a crime last 2012, when he was 22 years old, with assault firearms. Luckily he didn't kill anybody when that happened, it wasn't related to any sexual assault, and it wasn't any of his family members or relatives involved.

He got a year of house arrest and a year of community service which ended last 2015. And that was his only criminal record.

On 2019 he managed to finish high school and got a scholarship/bursary for college. He took Journalism but he just dropped out last October 2020 due to stress.

Now he has part-time job at a warehouse but he is currently looking for a full time job.

I am working in a government hospital and I am supporting us since I have higher pay.


Please, I need a solid advice from you guys.
I am really anxious about our spousal application because of his criminal record and his employment status. I would die if Immigration ends up denying our application. I love my husband so much and I want to be with him for the rest of my life.

 

[scylla]

Hello everyone,


My husband, a Canadian citizen, is planning to apply for Spousal Sponsorship.

I currently have an open work permit and we are living together since July 2020. We just got married this month of December 2020 at the Church.

My husband was convicted to a crime last 2012, when he was 22 years old, with assault firearms. Luckily he didn't kill anybody when that happened, it wasn't related to any sexual assault, and it wasn't any of his family members or relatives involved.

He got a year of house arrest and a year of community service which ended last 2015. And that was his only criminal record.

On 2019 he managed to finish high school and got a scholarship/bursary for college. He took Journalism but he just dropped out last October 2020 due to stress.

Now he has part-time job at a warehouse but he is currently looking for a full time job.

I am working in a government hospital and I am supporting us since I have higher pay.


Please, I need a solid advice from you guys.
I am really anxious about our spousal application because of his criminal record and his employment status. I would die if Immigration ends up denying our application. I love my husband so much and I want to be with him for the rest of my life.

As long as the assault charge didn't involve a family member or anyone he was dating / in a relationship with at that time, it shouldn't be a problem.