Just wondering if anyone could help me with my current issue. My girlfriend and I are engaged and are planning to get married, I was born in Canada and she is here on a student visa and working. 6 months ago she was accused of assault and was charged. Now we are fighting to clear her name and hired a lawyer. She came to Canada a couple years ago and just completed school. If we get married will she be forced to leave Canada? I'm doing everything to keep my wife here, What are some options? Thank you.
Advice Please
- Thread starter hpsauce
- Start date
It is likely that she may be criminally inadmissible, so the PR application would be rejected.
Any person currently charged with or previously convicted of any criminal offence inside or outside of Canada may be prohibited from visiting, working, studying or applying for permanent residence in Canada. Even offences as seemingly minor as some moving traffic violations may render an individual inadmissible to Canada. Examples of convictions that could make a person inadmissible to Canada include: Driving Under the Influence (DUI), Driving With Ability Impaired (DWAI), Theft, Petty Theft/Larceny (Shoplifting), Assault, Disorderly Conduct, Obstruction of Justice.
http://www.canadavisa.com/criminality-issues-for-canadian-visa-applicants.html
Any person currently charged with or previously convicted of any criminal offence inside or outside of Canada may be prohibited from visiting, working, studying or applying for permanent residence in Canada. Even offences as seemingly minor as some moving traffic violations may render an individual inadmissible to Canada. Examples of convictions that could make a person inadmissible to Canada include: Driving Under the Influence (DUI), Driving With Ability Impaired (DWAI), Theft, Petty Theft/Larceny (Shoplifting), Assault, Disorderly Conduct, Obstruction of Justice.
http://www.canadavisa.com/criminality-issues-for-canadian-visa-applicants.html
It does say "may be prohibited from visiting, working, studying or applying for permanent residence".hpsauce said:
Being married does not change this at all.
Marriage to a Canadian does not confer rights.
It looks like you also need an immigration lawyer.
No, it is worth the fight. If she is found to be innocent then chances are she would NOT be found to be criminally inadmissible. There is no conviction if she is proven innocent.hpsauce said:
She hasn't been convicted so she doesn't need a pardon. And she would not be eligible for a pardon for 3, 5 or 10 years (depends on the type of offence) after the conviction AND sentence was completed. Pardons cost $150.Afimiko said:
If she is convicted she would be criminally inadmissible. If you are married, she could apply for a Temporary Residence Permit on Humanitarian & Compassionate grounds to allow her to stay. Not saying she would get it but it's the route she would have to take if she wanted to stay in Canada. After either 5 or 10 years (depends on the offence she was convicted of) of the SENTENCE being completed, she MAY be able to apply for Rehabilitation and then PR through spousal sponsorship.
this is unrelated to the topic that started this thread, but i think what i have to ask is somewhat related
a good friend of mine was just married last October, she was born in Canada and has lived here for her whole life, she has recently decided to divorce her husband who was sponsored by her and is currently waiting for the appropriate paper work to be processed to make him a legal citizen,
she is convinced that she must wait until the processing is done before she can divorce him, and that she can't divorce him,while sponsoring him, without having any problems during the process. is she correct, or has she misunderstood anything?
thank you for any help
a good friend of mine was just married last October, she was born in Canada and has lived here for her whole life, she has recently decided to divorce her husband who was sponsored by her and is currently waiting for the appropriate paper work to be processed to make him a legal citizen,
she is convinced that she must wait until the processing is done before she can divorce him, and that she can't divorce him,while sponsoring him, without having any problems during the process. is she correct, or has she misunderstood anything?
thank you for any help
She can divorce him, she may be confused about the sponsorship agreement.dave_brohm said:
Older applications were for a term of 10 years, recently the term is 3 years.
Being divorced would not change a sponsorship agreement.