if husband is charged on crimnal matter does it effect sponsership

[disturb wife]

hi,,

my husband sponsered me ,,we got sponsership approval 4 months back ,,now he charged on some crimnal matter...
my question is does it effect my sponsership process

 

[amikety]

It depends on what he was charged for.

If is charged with a crime against another person, especially a family member (i. e., assault) the sponsorship may be at risk.

If you aren't comfortable discussing the exact crime he is charged with or its a serious crime, he should contact a lawyer with experience with criminal charges and immigration.

 

[CheshireCats]

2 Summary convictions, or one Indictable conviction could find you inadmissible to Canada.

Depends on the conviction...if it was an overseas conviction you would have to work out if it would be listed as a summary or an indictable conviction in Canada.

Hope this makes sense, good luck!

http://cicpassport.com/inadmissibility/criminal/

A person is inadmissible if he or she has been convicted of an offence, in Canada, or elsewhere in the world, of an equivalent Canadian offence –that would be at least a dual procedure (hybrid) offence in Canada. In Canada, a dual procedure offence is one that may be prosecuted by indictment or by summary conviction. Most offences in Canada are in fact dual procedure. According to IRPA, if a foreign offense is equated to a Canadian offense and it is found to be a dual procedure offense, it is deemed to be an Indictable offense, regardless if there is a Crown election to proceed summarily. A person convicted of an offense that is equated to a straight summary conviction in Canada will not subsequently be inadmissible.

 

[scylla]

2 Summary convictions, or one Indictable conviction could find you inadmissible to Canada.

Depends on the conviction...if it was an overseas conviction you would have to work out if it would be listed as a summary or an indictable conviction in Canada.

Hope this makes sense, good luck!

http://cicpassport.com/inadmissibility/criminal/

A person is inadmissible if he or she has been convicted of an offence, in Canada, or elsewhere in the world, of an equivalent Canadian offence –that would be at least a dual procedure (hybrid) offence in Canada. In Canada, a dual procedure offence is one that may be prosecuted by indictment or by summary conviction. Most offences in Canada are in fact dual procedure. According to IRPA, if a foreign offense is equated to a Canadian offense and it is found to be a dual procedure offense, it is deemed to be an Indictable offense, regardless if there is a Crown election to proceed summarily. A person convicted of an offense that is equated to a straight summary conviction in Canada will not subsequently be inadmissible.

The above only applies to the applicant.

The OP is asking about criminal charges affecting the sponsor.

Amikety's answer is correct.

 

[disturb wife]

thanks all for ur advices let me tell u details,,

my husband live in shared house,,they have 7 room each room per person from different countries and different religions,,,
my husband has little fight with one of his house mate,,it was only verbal fight,,,next day when my husband was working in kichten that person again come and had verbal fight again and at that time my husdand was cooking so he was also cutting different things like onion tomato's and he has knife in his hand and that person filed complained against him that he give him threat for killing by knife,,

police arrested my husband but he got bale,,and in court judge ask him weather ur guilty or u fight and my husband decide to fight case..

now please advice will it effect our sponsership case

 

[amikety]

Assault with a deadly weapon is a serious crime. I would consult a lawyer.

 

[disturb wife]

Assault with a deadly weapon is a serious crime. I would consult a lawyer.

but what if he proved innocent ,,,coz person that file case against him has been involve in so many illigal activities and also he has history of giving threats to innocent people

 

[parker24]

but what if he proved innocent ,,,coz person that file case against him has been involve in so many illigal activities and also he has history of giving threats to innocent people

You still need a lawyer to help you prove that.

 

[truesmile]

Maybe it's the dirtiest "trick in the book" but has no one considered a) they (the OP) received SA about 4 months ago and b) he has chosen to fight the case, subsequently delaying whatever outcome might be...

What's the timeline for the VO in the country that is processing your application? You could be all said and done before the judge says "Boo".

 

[zardoz]

Surely the sponsor would have to declare the situation to CIC?

From the CIC website : misrepresentation, which includes providing false information or withholding information directly related to decisions made under the Immigration and Refugee Protection Act (IRPA)

 

[tamarindball]

I would have thought that since phase 1 approval is completed then his current charge wont affect phase two which is really about the applicant's admissibility into the country and the genuineness of the relationship. You will surely have to confirm that with a lawyer or call CIC and ask general questions without revealing your identity
.

hi,,

my husband sponsered me ,,we got sponsership approval 4 months back ,,now he charged on some crimnal matter...
my question is does it effect my sponsership process

 

[mexicanada]

Hi,
Sorry to hear about your situation and I would agree with what everyone else has said and consult with
a lawyer. At least that way you can get some solid advice on what you should do. They will advise you whether or
not you should disclose that information to immigration or not.


Good luck!

 

[tamarindball]

And if you're going to get advice from a lawyer, make sure he/she is highly recommended as speaking from experience some of these immigration lawyers don't know much and give you wrong advice. Yuo can get free consultation lasting 30 mins on the phone or even in person.

hi,,

my husband sponsered me ,,we got sponsership approval 4 months back ,,now he charged on some crimnal matter...
my question is does it effect my sponsership process

 

[Galip]

thanks all for ur advices let me tell u details,,

my husband live in shared house,,they have 7 room each room per person from different countries and different religions,,,
my husband has little fight with one of his house mate,,it was only verbal fight,,,next day when my husband was working in kichten that person again come and had verbal fight again and at that time my husdand was cooking so he was also cutting different things like onion tomato's and he has knife in his hand and that person filed complained against him that he give him threat for killing by knife,,

police arrested my husband but he got bale,,and in court judge ask him weather ur guilty or u fight and my husband decide to fight case..

now please advice will it effect our sponsership case

First of all his sponsorhip has been approved and as a couple you passed the First Stage on Spousal Immigration. Now your file has been transfered to your Visa Office. Most visa offices check only the applicant's criminal background unless CPC notify something about the sponsor. I don't think that this matter will be an issue for you at the Visa Office.

Secondly, your partner is not found guilty yet. He will not be giulty and he will not have a criminal record until the court finds him guilty. In this case if your Visa Office track your partner they will find nothing about his background.

I don't know where your partner lives, if he lives in Ontario most crimial cases take at least one year before the court starts. In my opinion his case will dismiss and he will not found guilty if he didn't make any damages and if he didn't touch the other guy personally. In these cases Judges usually follow police's and third parties' statements. If there is no witness then it means there is no evidence unless there is a psysical damage and/or a hospital record etc.

I wouldn't worry about this matter so much. Do not inform the immigration and your visa office for this matter. Just follow the procedure and wait for their decision. 99 percent your immigration application will be approved.

 

[truesmile]

I agree 100%. If he is in Canada, he is absolutely "innocent" UNTIL proven guilty. Worry about your decision to inform CIC if and WHEN that happens (found guilty I mean) ... until then, it's a non-issue.