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Inland spouse sponsorship and criminal rehabilitation refused

Y

Yjbby

Newbie
Jul 3, 2020
6
0
Hello my step dad married my mom who is the sponsor applied in 2018. My step dad have had few minor crime charges back in his home country but none of them were severe crimes (pharmacy, almost crashed into someone which was an accident and no one got hurt and was charged also for something related to the pharmacy) all about 20 years ago. He then came to Canada and had another incident when he got into a verbal fight and hit the table of that person’s property but no one was injured and he got an restraining order but no charges. This was also around 2013. Now, he met my mom who was a PR and now a citizen and they got married in 2018 and applied for criminal rehabilitation and sponsorship for PR. Yesterday he got an email from IRCC that his application for criminal rehabilitation was refused which makes his PR app automatically refused with a 30 day to vountarily leave. At this point, we are pretty lost because we know that inland sponsorship cannot be appealed but we feel like getting refused for crimes that happened so long ago should have been rehabilitated. Its been so many years and my step father is a wonderful person who is trying to live a happy life with us. Our lawyer told us that they had a similar case where they took it to court and won the case but we’re out of options so we decided to go with that idea.
Now a side note, our previous immigrant consultant from Vancouver did apply for deemed rehabilitation which does not make sense since his offense was not just one. Could that be problem of the refusal?

Is there any similar situations? I just need some insights on what to do next. Thank you for reading this and comments are appreciated.
 
Last edited:
P

Ponga

VIP Member
Oct 22, 2013
10,356
1,437
Job Offer........
Pre-Assessed..
Have you read through this:
https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/guide-5312-rehabilitation-persons-inadmissible-canada-past-criminal-activity.html

[from the link above]
Eligibility for rehabilitation

This section gives a summary of the type of offences and length of rehabilitation periods.


If you were convicted of an offence outside Canada that, if committed in Canada, would be an indictable offence punishable by a maximum term of imprisonment of less than ten years:


  • You are deemed rehabilitated: at least ten years after completion of the sentence imposed.
  • You are eligible to apply for rehabilitation: five (5) years after completion of the sentence imposed.

If you committed an offence outside Canada that, if committed in Canada, would be an indictable offence punishable by a maximum term of imprisonment of less than ten years:


  • You are deemed rehabilitated: at least ten years after commission of the offence.
  • You are eligible to apply for rehabilitation: five (5) years after commission of the offence.

If you were convicted of an offence or you committed an offence outside Canada that, if committed in Canada, would be punishable by a maximum term of imprisonment of ten years or more:


  • You are deemed rehabilitated: not applicable.
  • You are eligible to apply for rehabilitation: five (5) years from completion of the sentence or commission of the offence.

If you were convicted for two (2) or more offences outside Canada that, if committed in Canada, would constitute summary conviction offences:


  • You are deemed rehabilitated: at least five (5) years after the sentences imposed were served or to be served.
  • You are eligible to apply for rehabilitation: not applicable.

Note: To be deemed rehabilitated, the person must not have committed or been convicted of any other indictable offence.
---


So, if the last time that he had any interaction with law enforcement was back in 2013, but no charges were brought...but a retraining order was issued, that would appear to be what's causing the refusal, somehow.
 
Y

Yjbby

Newbie
Jul 3, 2020
6
0
Ponga said:
Have you read through this:
https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/guide-5312-rehabilitation-persons-inadmissible-canada-past-criminal-activity.html

[from the link above]
Eligibility for rehabilitation

This section gives a summary of the type of offences and length of rehabilitation periods.


If you were convicted of an offence outside Canada that, if committed in Canada, would be an indictable offence punishable by a maximum term of imprisonment of less than ten years:


  • You are deemed rehabilitated: at least ten years after completion of the sentence imposed.
  • You are eligible to apply for rehabilitation: five (5) years after completion of the sentence imposed.

If you committed an offence outside Canada that, if committed in Canada, would be an indictable offence punishable by a maximum term of imprisonment of less than ten years:


  • You are deemed rehabilitated: at least ten years after commission of the offence.
  • You are eligible to apply for rehabilitation: five (5) years after commission of the offence.

If you were convicted of an offence or you committed an offence outside Canada that, if committed in Canada, would be punishable by a maximum term of imprisonment of ten years or more:


  • You are deemed rehabilitated: not applicable.
  • You are eligible to apply for rehabilitation: five (5) years from completion of the sentence or commission of the offence.

If you were convicted for two (2) or more offences outside Canada that, if committed in Canada, would constitute summary conviction offences:


  • You are deemed rehabilitated: at least five (5) years after the sentences imposed were served or to be served.
  • You are eligible to apply for rehabilitation: not applicable.

Note: To be deemed rehabilitated, the person must not have committed or been convicted of any other indictable offence.
---


So, if the last time that he had any interaction with law enforcement was back in 2013, but no charges were brought...but a retraining order was issued, that would appear to be what's causing the refusal, somehow.
Click to expand...
Ponga said:
Have you read through this:
https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/guide-5312-rehabilitation-persons-inadmissible-canada-past-criminal-activity.html

[from the link above]
Eligibility for rehabilitation

This section gives a summary of the type of offences and length of rehabilitation periods.


If you were convicted of an offence outside Canada that, if committed in Canada, would be an indictable offence punishable by a maximum term of imprisonment of less than ten years:


  • You are deemed rehabilitated: at least ten years after completion of the sentence imposed.
  • You are eligible to apply for rehabilitation: five (5) years after completion of the sentence imposed.

If you committed an offence outside Canada that, if committed in Canada, would be an indictable offence punishable by a maximum term of imprisonment of less than ten years:


  • You are deemed rehabilitated: at least ten years after commission of the offence.
  • You are eligible to apply for rehabilitation: five (5) years after commission of the offence.

If you were convicted of an offence or you committed an offence outside Canada that, if committed in Canada, would be punishable by a maximum term of imprisonment of ten years or more:


  • You are deemed rehabilitated: not applicable.
  • You are eligible to apply for rehabilitation: five (5) years from completion of the sentence or commission of the offence.

If you were convicted for two (2) or more offences outside Canada that, if committed in Canada, would constitute summary conviction offences:


  • You are deemed rehabilitated: at least five (5) years after the sentences imposed were served or to be served.
  • You are eligible to apply for rehabilitation: not applicable.

Note: To be deemed rehabilitated, the person must not have committed or been convicted of any other indictable offence.
---


So, if the last time that he had any interaction with law enforcement was back in 2013, but no charges were brought...but a retraining order was issued, that would appear to be what's causing the refusal, somehow.
Click to expand...
Yes and sorry i missed the exact year. It was in 2001 and he was released with a peace bond for a year with no charges but database still has his fingerprints in the record. 2001 is still a long time ago. Can we still take this for judicial review?
 
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