I am an American who married a Canadian in Canada last week, where to start?

[lunas]

:'(
I am completely overwhelmed and lost.
We will do the paperwork while I'm in the US (I am living in the US) and he will be my sponsor while he is is Canada.
I am really depressed and overwhelmed because I want to be with him and I suddenly lost patience.
- How soon can he start the sponsoring process?
- He still needs to file for his taxes, does he need to complete all this before sponsoring me?
- He made a mistake and paid for it in jail (a couple of months) over 15 years ago. His conviction falls under the sexual offence and crime estipulated in the requirements for sponsors. Does it mean he will not be able to sponsor me?

Please help :-(

 

[Sweetmine]

You can start by reading the guide to understand the process and have an idea of all the required documents that you need to gather.
As for his criminal offence, sometimes they offer pardon. I am no expert and I an not quite sure about that topic. maybe you can benefit from the expertise of a lawyer. there are also some members here who are very knowledge. I am sure someone will able to give you a better enswer to your question.
Read these link too: http://www.cic.gc.ca/english/immigrate/sponsor/spouse-apply-who.asp
http://www.cic.gc.ca/english/information/inadmissibility/conviction.asp

 

[Lasiar]

:'(
I am completely overwhelmed and lost.
We will do the paperwork while I'm in the US (I am living in the US) and he will be my sponsor while he is is Canada.
I am really depressed and overwhelmed because I want to be with him and I suddenly lost patience.
- How soon can he start the sponsoring process?
- He still needs to file for his taxes, does he need to complete all this before sponsoring me?
- He made a mistake and paid for it in jail (a couple of months) over 15 years ago. His conviction falls under the sexual offence and crime estipulated in the requirements for sponsors. Does it mean he will not be able to sponsor me?



This may help answer some of your questions. Good luck


http://www.cic.gc.ca/english/immigrate/sponsor/spouse-apply-who.asp

 

[lunas]

:-( thank you. At first we thought we could handle the distance and we would be patient but now that read more and more about the sponsorship process, I am afraid he won't be able to sponsor me because of his criminal record. I am so scared. I'll keep checking here and I'll keep doing research. Thank you for all the help you can provide.

 

[Belinasha]

Currently, an individual is barred from sponsoring a member of the family class where the individual has been convicted of an offense of a sexual nature against anyone, or of an offense that results in “bodily harm” against a specific member of their family. For the purposes of an offence that result in bodily harm, the listed family relationships include:

a relative (related by blood or adoption) or family member (spouse, common-law partner, dependent child, dependent child of a dependent child) or conjugal partner of the sponsor; and
a relative or family member of the sponsor’s spouse, common-law or conjugal partner.

The sponsorship bar is in effect until the individual is either pardoned or acquitted, or where five years has elapsed since the completion of an imposed sentence.

Under the proposed changes, anyone who has been convicted of an indictable offense involving the use of violence punishable by a maximum term of imprisonment of at least 10 years or an attempt to commit such an offense will be barred from sponsorship.

As well, for the purpose of an offense that results in bodily harm, the listed family relationships will be expanded to include:

former family members of the sponsor;
former family members of a family member or conjugal partner of the sponsor;
current and former family members of a relative of the sponsor or the sponsor’s family member;
former conjugal partner of the sponsor, as well as current and former family members of the conjugal partner’s relatives;
a child under the current or former care and control of the sponsor, their current or former family member, or conjugal partner;
a child under the current or former care and control of a relative of the sponsor or a current or former family member of that relative; and
someone with whom the sponsor dates or has dated, whether or not they live together, or a family member of that person.

If his charges were from 15 years ago, 5 years should have lapsed since completing his sentence so he would not be barred from sponsoring you. Even though there is the 5 year rule, there are other issues at law such as who the offense was committed against (was it a member of the family listed above) and if the charge was brought by indictment. I suggest speaking with a lawyer since sexual offenses are really complicated issues when dealing with Immigration.

He could get a pardon, but that's 10-12 months of waiting and again, there are issues since it was a sexual offense and depending on the extent of it, there might be additional waiting times to even begin the process. If he applies for a Pardon, they will supply a letter to your husband (at his request) for Immigration purposes to explain that a Pardon is in process.

 

[robrod]

I wonder why noone appears to read Leon's super thread "Spousal Sponsorship" at the very first thread on this topic...
It's an excellent start for the ones who don't bother to read CIC's own guides.

 

[parker24]

I wonder why noone appears to read Leon's super thread "Spousal Sponsorship" at the very first thread on this topic...
It's an excellent start for the ones who don't bother to read CIC's own guides.

Because it's intimidating for one.
Because sometimes people have confusing questions that need direct answers.
Because it doesn't answer their questions.

Just saying.

 

[lunas]

Currently, an individual is barred from sponsoring a member of the family class where the individual has been convicted of an offense of a sexual nature against anyone, or of an offense that results in “bodily harm” against a specific member of their family. For the purposes of an offence that result in bodily harm, the listed family relationships include:

a relative (related by blood or adoption) or family member (spouse, common-law partner, dependent child, dependent child of a dependent child) or conjugal partner of the sponsor; and
a relative or family member of the sponsor's spouse, common-law or conjugal partner.

The sponsorship bar is in effect until the individual is either pardoned or acquitted, or where five years has elapsed since the completion of an imposed sentence.

Under the proposed changes, anyone who has been convicted of an indictable offense involving the use of violence punishable by a maximum term of imprisonment of at least 10 years or an attempt to commit such an offense will be barred from sponsorship.

As well, for the purpose of an offense that results in bodily harm, the listed family relationships will be expanded to include:

former family members of the sponsor;
former family members of a family member or conjugal partner of the sponsor;
current and former family members of a relative of the sponsor or the sponsor's family member;
former conjugal partner of the sponsor, as well as current and former family members of the conjugal partner's relatives;
a child under the current or former care and control of the sponsor, their current or former family member, or conjugal partner;
a child under the current or former care and control of a relative of the sponsor or a current or former family member of that relative; and
someone with whom the sponsor dates or has dated, whether or not they live together, or a family member of that person.

If his charges were from 15 years ago, 5 years should have lapsed since completing his sentence so he would not be barred from sponsoring you. Even though there is the 5 year rule, there are other issues at law such as who the offense was committed against (was it a member of the family listed above) and if the charge was brought by indictment. I suggest speaking with a lawyer since sexual offenses are really complicated issues when dealing with Immigration.

He could get a pardon, but that's 10-12 months of waiting and again, there are issues since it was a sexual offense and depending on the extent of it, there might be additional waiting times to even begin the process. If he applies for a Pardon, they will supply a letter to your husband (at his request) for Immigration purposes to explain that a Pardon is in process.

Wow, I am sad to know that a pardon would take that long. Last night, I was in tears talking to my husband on Skype but he tells me we should take this one day at a time.
His crime over 15 years ago was of sexual nature and we are aware now that this will complicate things.

Do you think he can then apply for sponsorship while applying for pardon? or would he need to get pardon first, wait and then apply to sponsor me?

Thank you so much for all the info

 

[Belinasha]

You can apply for both, but it might be good to apply for the pardon first, since they will supply your husband (at his request) with an official letter stating that you have applied for a pardon. Your husband would forward this letter with your application for PR. Your PR application will be on hold until a pardon is received, but at least you will still be in the queue.

Since even summary sexual offense convictions are deemed indictable offenses in the eyes of the Parole Board, there would be a 10 year waiting period to apply for a pardon. This 10 year waiting period starts at the end of all and any completed punishments (such as probation).

To start the pardon process he would need:
a completed pardon application including police record checks and court information forms

his criminal record

proof of conviction(s)

a copy of his proof of citizenship (birth certificate, citizenship card) or immigration status (permanent resident card)

a copy of his photo ID (driver’s license, passport, provincial photo ID)

the $150 application fee

I am going to do more research for you to see how you would go about using the provision "five years has elapsed since the completion of an imposed sentence." I can't find much case law on it on the internet but I have access to the same resources that all lawyers have. I am at the legal library at the Ottawa courthouse regularly and will do some further digging to see what I can find. Hopefully you won't have to go through with waiting on a pardon and you'll be able to use that provision to gain sponsorship.

May I ask what province he was convicted in?

 

[lunas]

You can apply for both, but it might be good to apply for the pardon first, since they will supply your husband (at his request) with an official letter stating that you have applied for a pardon. Your husband would forward this letter with your application for PR. Your PR application will be on hold until a pardon is received, but at least you will still be in the queue.

Since even summary sexual offense convictions are deemed indictable offenses in the eyes of the Parole Board, there would be a 10 year waiting period to apply for a pardon. This 10 year waiting period starts at the end of all and any completed punishments (such as probation).

To start the pardon process he would need:
a completed pardon application including police record checks and court information forms

his criminal record

proof of conviction(s)

a copy of his proof of citizenship (birth certificate, citizenship card) or immigration status (permanent resident card)

a copy of his photo ID (driver's license, passport, provincial photo ID)

the $150 application fee

I am going to do more research for you to see how you would go about using the provision "five years has elapsed since the completion of an imposed sentence." I can't find much case law on it on the internet but I have access to the same resources that all lawyers have. I am at the legal library at the Ottawa courthouse regularly and will do some further digging to see what I can find. Hopefully you won't have to go through with waiting on a pardon and you'll be able to use that provision to gain sponsorship.

May I ask what province he was convicted in?

10 years waiting period!!! I asked him again and he thinks it was 18 years ago and he had a year probation (with three months in prison) so it would be well over that 10 year period, correct? His offense was sexual interference and it happened in Alberta. Believe me, we have been trying to do some research online like crazy and we can't find much. I thank you so much for your help.

 

[Belinasha]

According to Immigration and Refugee Protection Regulations:

133. (2) Despite paragraph (1)(e), a sponsorship application may not be refused
(b) if a period of five years or more has elapsed since the completion of the sentence imposed for an offence in Canada referred to in paragraph (1)(e).

133. (1) A sponsorship application shall only be approved by an officer if, on the day on which the application was filed and from that day until the day a decision is made with respect to the application, there is evidence that the sponsor
(e) has not been convicted under the Criminal Code of

(i) an offence of a sexual nature, or an attempt or a threat to commit such an offence, against any person

This regulation here will allow you to apply for sponsorship without having to go through with getting a pardon. Breathe a sigh of relief! I read over a few appeals that were similar to your husband's situation and in cases where it was denied, they didn't satisfy this provision, otherwise, their appeal would have been granted.

Good luck!

 

[lunas]

According to Immigration and Refugee Protection Regulations:

133. (2) Despite paragraph (1)(e), a sponsorship application may not be refused
(b) if a period of five years or more has elapsed since the completion of the sentence imposed for an offence in Canada referred to in paragraph (1)(e).

133. (1) A sponsorship application shall only be approved by an officer if, on the day on which the application was filed and from that day until the day a decision is made with respect to the application, there is evidence that the sponsor
(e) has not been convicted under the Criminal Code of

(i) an offence of a sexual nature, or an attempt or a threat to commit such an offence, against any person

This regulation here will allow you to apply for sponsorship without having to go through with getting a pardon. Breathe a sigh of relief! I read over a few appeals that were similar to your husband's situation and in cases where it was denied, they didn't satisfy this provision, otherwise, their appeal would have been granted.

Good luck!

Thank you! thank you! I have hope!