if husband is charged on crimnal matter does it effect sponsership

[amikety]

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.

Sponsorship Undertaking asks if you've been charged with a crime.

In Sponsor Eligibility Assesment, question #18. http://www.cic.gc.ca/english/pdf/kits/forms/IMM1344E.pdf (It's on page 2.)

Techincally if he has been charged with a crime that could net him more than 10 years in jail, he must notify CIC. OP hasn't given us an official charge and I'm not familiar enough with Canadian law to know the jail terms, but I don't think most assault charges would fit this bill.... but I don't know for sure.

The sponsor needs to determine if his crime is punishable by 10 years or more in jail. If so, he needs to notify CIC. If he does not, it's misrepresentation.

If his offense isn't punishable by 10 years in prison or more, there is no need to worry.

 

[Galip]

Sponsorship Undertaking asks if you've been charged with a crime.

In Sponsor Eligibility Assesment, question #18. http://www.cic.gc.ca/english/pdf/kits/forms/IMM1344E.pdf (It's on page 2.)

Techincally if he has been charged with a crime that could net him more than 10 years in jail, he must notify CIC. OP hasn't given us an official charge and I'm not familiar enough with Canadian law to know the jail terms, but I don't think most assault charges would fit this bill.... but I don't know for sure.

The sponsor needs to determine if his crime is punishable by 10 years or more in jail. If so, he needs to notify CIC. If he does not, it's misrepresentation.

If his offense isn't punishable by 10 years in prison or more, there is no need to worry.

The sponsor is only charged but not sentenced yet. He is not guilty yet. Only after his court proceeding we could say he is guilty and he will receive a criminal record or not.

The couple already applied spousal sponsorship. CPC-M already approved the sponsor. The Visa Office will decide to issue a PR for the applicant or not, by this time if the court doesn't find the sponsor guilty everything will be allright.

 

[amikety]

I'm not going to debate this with anyone. The document clearly says charged. If you choose to intrepret the form differently, then that's your choice.

However, we are required to update CIC to any changes. Being charged during the process is a change (if the offense if punishable by more than 10 years).

I'm hoping the charge is something minor that doesn't require notification. Then there's nothing to worry about.

 

[tamarindball]

I think the best thing for her to do is get the correct advice from CIC or a good immigration lawyer. Without knowing what the answer really is though I would think that if he wasn't charged or found guilty when he submitted his application, then that would be ok but yes if he's really required to advise of any changes during the process, then by all means he needs to. However, it's a personal decision as some persons don't disclose everything and they are ok so it's a personal call but authorities have to advise of the actual rule as it relates to that matter. Can just wish them all the very best.

I'm not going to debate this with anyone. The document clearly says charged. If you choose to intrepret the form differently, then that's your choice.

However, we are required to update CIC to any changes. Being charged during the process is a change (if the offense if punishable by more than 10 years).

I'm hoping the charge is something minor that doesn't require notification. Then there's nothing to worry about.

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

 

[zardoz]

Assault with a weapon or causing bodily harm
267. Every one who, in committing an assault,

(a) carries, uses or threatens to use a weapon or an imitation thereof, or
...

is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years or an offence punishable on summary conviction and liable to imprisonment for a term not exceeding eighteen months.

R.S., 1985, c. C-46, s. 267; 1994, c. 44, s. 17.

http://canlii.ca/en/ca/laws/stat/rsc-1985-c-c-46/latest/rsc-1985-c-c-46.html#sec267(a)

 

[Rob_TO]

The sponsor is only charged but not sentenced yet. He is not guilty yet. Only after his court proceeding we could say he is guilty and he will receive a criminal record or not.

The couple already applied spousal sponsorship. CPC-M already approved the sponsor. The Visa Office will decide to issue a PR for the applicant or not, by this time if the court doesn't find the sponsor guilty everything will be allright.

Sorry but this is completely wrong advice.

The CIC forms specifically asks if sponsor has been charged in question 18, NOT convicted.

If a sponsor is charged with a specific crime as asked, and court proceedings are in process but no verdict is yet reached, you must inform CIC about this. CIC will not outright reject an application if a sponsor has been charged, but they may put the entire application on hold until the conclusion of the situation. Even if a PR is granted and applicant lands, it can still be revoked. If sponsor is ever found guilty, they will easily know they were charged during the application process, so if this was not declared they can and most likely will take away the applicant's PR.

The best situation for the OPs case will be if police realize the person making the claim is not reliable or trustworthy, the claim is without merit, and simply drop the charges. A lawyer here is an absolute must.

 

[zardoz]

I know this subject has been done to death but here is some more reading material, which might help other applicants.

http://www.cic.gc.ca/english/resources/manuals/bulletins/2011/ob361.asp "Operational Bulletin 361 - November 23, 2011 - Sponsorship Bar for Violent Crime"

http://www.canadavisa.com/canada-immigration-discussion-board/immigration-rules-tighten-for-violent-offenders-t88949.0.html

http://www.cic.gc.ca/english/department/media/backgrounders/2011/2011-11-23.asp

Depending on the exact charge being laid, it may well be that the OP's husband has no problems with continuing as a sponsor, but CIC must be informed.

 

[LindtChocolate]

We were told by our Immigration lawyer to enclose all criminal history (despite the fact that my husband's record had been sealed and did not show up on the FBI background check).

 

[disturb wife]

thanks all for ur advices,,,

we have already consulted 4 laywers and each is giving different answer thats why i asked here,,,

yes my husband is in ontario...that guy complained that my husband gave him threat he didnt mention any weapon,,,he didnt found guilty yet even if he found guilty he only has to stay in jail for 90 days

 

[Galip]

thanks all for ur advices,,,

we have already consulted 4 laywers and each is giving different answer thats why i asked here,,,

yes my husband is in ontario...that guy complained that my husband gave him threat he didnt mention any weapon,,,he didnt found guilty yet even if he found guilty he only has to stay in jail for 90 days

Hi Again,

Don't worry about the above comments. You don't need to let CIC about this matter. You already filled the forms, sent them and got his sponsorship approval. If you were just applying right now it was different.

As I mentioned before 99% he won't be guilty in the criminial court if there is no evidence and no third party witness involved the matter. In the criminial court the Crown will ask him to plea guilty and they will tell him about resolution meetings, conditional discharges, etc. He should not accept any of them. He must go to the Trial. Otherwise if he pleas guilty before Trial this will come up on his record and CIC may find it. If he didn't use any weapon do not worry at all, noone stays in jail for this such as 90 days, even not 15 days. Do not afraid of these jail times.

Morelikely your Spousal Sponsorship will be approved before his Trial starts. Think of the Court times and try to extend his Criminal hearings as much as you can.

Good luck!

(I'm not a lawyer and here's not a legal advice, but I know already someone who passed all these stages very similarly and nothing happened to him.

 

[tamarindball]

Galip

I would be quick to agree with your advice. I know some of these lawyers will tell you a lot of things to get your money

Hi Again,

Don't worry about the above comments. You don't need to let CIC about this matter. You already filled the forms, sent them and got his sponsorship approval. If you were just applying right now it was different.

As I mentioned before 99% he won't be guilty in the criminial court if there is no evidence and no third party witness involved the matter. In the criminial court the Crown will ask him to plea guilty and they will tell him about resolution meetings, conditional discharges, etc. He should not accept any of them. He must go to the Trial. Otherwise if he pleas guilty before Trial this will come up on his record and CIC may find it. If he didn't use any weapon do not worry at all, noone stays in jail for this such as 90 days, even not 15 days. Do not afraid of these jail times.

Morelikely your Spousal Sponsorship will be approved before his Trial starts. Think of the Court times and try to extend his Criminal hearings as much as you can.

Good luck!

(I'm not a lawyer and here's not a legal advice, but I know already someone who passed all these stages very similarly and nothing happened to him.

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

 

[Rob_TO]

even if he found guilty he only has to stay in jail for 90 days

In this case you most likely don't need to do anything, as CIC only cares about charges that are at least 10 year sentences.

As mentioned, be careful with advice you get from immigration lawyers. Lots of them don't quite know what they're talking about, and will insist you need their services. Best to go to one that is reputable and is referred by someone who has already used them... not just the one that advertises the lowest price.