dependent minor children immigration details

[mikejoyce34]

the nutshell my girlfriend is a filipino living here on a work visa (nanny program) and she (and i )want to get her 2 kids over here aswell ages 4 and 8.
i need as much help as can be offered, im not sure if i can sponsor them as i have a SIGNIFICANT criminal history if that matters. nor am i wealthy to the point where i can pay an immigration lawyer (yet) so i have come here in the hopes of good advice. please help thank you

 

[Leon]

As a low skilled worker, she is not entitled to bring her kids. If she can show that her employer allows her to keep the kids and that she can support her kids on her wages, she can apply for their TRV's, see http://www.cic.gc.ca/english/helpcentre/answer.asp?q=241&t=17 You can possibly help by writing a letter of invitation to her kids to visit you and show your income as source of funds.

If they do get a visit visa, it will most likely be for 6 months. After 5 months, you can apply for an extension if you want them to stay longer. If she wants to enroll the 8 yr. old in school, be aware that the child may be considered to be an international student and you may have to pay high fees. The definition of that basically lies with the school district.

If you want to sponsor your girlfriend for PR, you can sponsor her kids as a part of the package. However, you'd either have to get married or live together as common law for a year before you can sponsor her. Keep in mind that if you start living together, she will be in breach of the conditions of her work permit which is live-in caregiver and she will not be able to apply for PR under that program after 2 years of work.

Criminal past may not stop you from being a sponsor. It depends on the crime:

You may not be eligible to be a sponsor if you:
•did not meet the terms of a sponsorship agreement in the past,
•did not pay alimony or child support even though a court ordered it,
•get government financial help for reasons other than being disabled,
•were convicted of ◦an offence of a sexual nature,
◦a violent crime,
◦an offence against a relative that resulted in bodily harm or
◦an attempt or threat to commit any such offences, depending on the detailss of the case, such as
the type of offence,
how long ago it occurred and
whether a record suspension was issued (see Sponsorship bar for violent crime below),

•were sponsored as a spouse, common-law or conjugal partner in the past and became a permanent resident of Canada less than five years ago (see Five-year sponsorship bar below)
•did not pay back an immigration loan, made late payments or missed payments,
•are in prison or
•have declared bankruptcy and have not been released from it yet.

However, if you do this, keep in mind that signing a sponsorship agreement makes you financially responsible for your girlfriend for 3 years after she lands as a PR and for her children for 10 years. If any of them go on welfare within that time period, regardless of if you are still together or not, you will be responsible to pay it back.

The other option would be that she completes her nanny program and applies for PR herself, including her kids on her application. After completing her 2 years as a nanny, she can get an open work permit and look for another job. If she ends up in a skilled position, she can call for her kids and enroll them in school without a problem.

In order for the kids to come to Canada, the father could also pose a problem. In order to immigrate with her kids, she needs to show that she has full custody or that their father approves.

 

[mikejoyce34]

while the crime i was convicted for is arson (i caught a man molesting my nephew) it is not a schedule one offence so i guess thats ok? thank you for the info

 

[PMM]

Hi

while the crime i was convicted for is arson (i caught a man molesting my nephew) it is not a schedule one offence so i guess thats ok? thank you for the info

1. Ah Arson is an indictable offense and is punishable by up to 14 years in prison. Arson — damage to property

434. Every person who intentionally or recklessly causes damage by fire or explosion to property that is not wholly owned by that person is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.

Sponsorship bar for violent crime

The bar on sponsorship for violent crime means that a potential sponsor convicted for committing or attempting to commit a violent offence punishable by a maximum term of imprisonment of at least 10 years against anyone is now barred from sponsoring a member of the family class to come to Canada. This regulatory change is similar to the current prohibition for convictions of a sexual nature.

Someone who has committed such a serious crime, regardless of who it was against, should not benefit from the privilege of sponsorship.

 

[Leon]

The question however is whether arson is defined as a violent crime. According to Wikipedia, it isn't, see http://en.wikipedia.org/wiki/Violent_crime

Also according to this document from statcan:

http://www.statcan.gc.ca/pub/85-004-x/85-004-x2009001-eng.pdf

Total violent Criminal Code violations
* Homicide
* Other violations causing death
* Attempted murder
* Sexual assault - level 3 - aggravated
* Sexual assault - level 2 - weapon or bodily harm
* Sexual assault - level 1
* Sexual violations against children
* Assault - level 3 - aggravated
* Assault - level 2 - weapon or bodily harm
* Assault - level 1
* Assault police officer
* Other assaults
* Firearms - use of, discharge, pointing
* Robbery
* Forceible confinement or kidnapping
* Abduction
* Extortion
* Criminal harassment
* Uttering threats
* Threatening or harassing phone calls
* Other violent Criminal Code violations

Total non-violent Criminal Code violations
* Breaking and entering
* Possess stolen property
* Theft of motor vehicle
* Theft over $5,000 (non-motor vehicle)
* Theft under $5,000 (non-motor vehicle)
* Fraud
* Mischief
* Arson
* Counterfeiting
* Weapons violations
* Child pornography
* Prostitution
* Disturb the peace
* Adminstration of justice violations
* Other non-violent Criminal Code violations

So I don't think he has a sponsorship bar.