Parents want to sponsor me but I have a minor criminal offense, help!

[CTTDude]

Hey everyone, I've been doing some extensive research on this subject and I can not find a clear answer of which path to take to apply for Permanent Residency.

My parents are both Canadian citizens and want to sponsor me to live with them and provide me with food, shelter, clothing etc.

I have one issue, 4 years ago I was convicted for Criminal Copyright Infringement and sentenced to 1 month in a Federal Prison Camp and ordered to pay a $3000 fine.

I have looked up at the offenses listed at the CIC website and my punishment doesn't fall under either one of these:


Summary offences — These are less serious. The maximum penalty for a summary offence is usually a $5,000 fine and/or six months in jail.
Indictable offences — These are more serious and include theft over $5,000, break and enter, aggravated sexual assault and murder. Maximum penalties vary and include life in prison. Some have minimum penalties.


I just want to know if it is worth it at all for my parents to apply on my behalf as my sponsors and for them to help me become a permanent resident? I am a U.S. Citizen and currently unable to provide for myself due to some health issues I have.

I just want to know if they should file the form to become my sponsors and pay the money? What is my best option for application if my parents wish to sponsor me?

 

[screech339]

How old are you? If you are 19 years or older, your parents cannot sponsor you as dependent for PR.

 

[CTTDude]

How old are you? If you are 19 years or older, your parents cannot sponsor you as dependent for PR.

I am 33 years of age. I fall under the family class as a son right? The parents are allowed to sponsor family class members correct?

 

[screech339]

I am 33 years of age. I fall under the family class as a son right? The parents are allowed to sponsor family class members correct?

Only if you are 18 years or younger. Your parents cannot sponsor you for PR for you are no longer a dependent.

 

[scylla]

As explained above - you're far too old to be sponsored.

If you want to immigrate to Canada you'll have to qualify independently (e.g. as a skilled worker).

 

[bradybunchmom]

You can read some info on dependents here:

http://www.cic.gc.ca/english/department/media/notices/2014-06-23.asp

depending on what you mean about medical reasons you may qualify based on :
June 23, 2014 — Effective August 1, 2014, the definition of a dependent child is changing for Citizenship and Immigration Canada’s (CIC’s) immigration programs.

The age at which a child will be considered a dependant is being reduced, from under 22 to under 19.

The exception for full-time students is also being removed. Children of applicants who are 19 or over but are financially dependent on their parents and are enrolled in full-time studies will no longer be eligible to be processed as dependent children.

In all cases, a child will continue to be considered a dependant, regardless of age, if they have depended on their parents for financial support because of a mental or physical condition.

Reducing the age for dependants to under 19 in the Immigration and Refugee Protection Regulations (IRPR) will bring the IRPR in line with provincial definitions of “age of majority,” which is currently evenly split between 18 and 19 across provinces and territories.

 

[CTTDude]

I am really confused trying to interpret this, I don't think I'm reading it or understanding it correctly:

cic.gc.ca/english/immigrate/sponsor/relatives-apply-who.asp

Option 2 – Other relative

You may sponsor one relative, related by blood or adoption, of any age if you meet all of the following conditions:

you do not have a spouse, common-law partner, or conjugal partner, or one of the following living relatives you could sponsor instead:
son or daughter,
parent,
grandparent,
brother or sister,
uncle, aunt,
nephew or niece.
you do not have any of the above-named relatives who is a:
Canadian citizen,
permanent resident, or
registered Indian under the Indian Act.

 

[scylla]

I am really confused trying to interpret this, I don't think I'm reading it or understanding it correctly:

cic.gc.ca/english/immigrate/sponsor/relatives-apply-who.asp

Option 2 – Other relative

You may sponsor one relative, related by blood or adoption, of any age if you meet all of the following conditions:

you do not have a spouse, common-law partner, or conjugal partner, or one of the following living relatives you could sponsor instead:
son or daughter,
parent,
grandparent,
brother or sister,
uncle, aunt,
nephew or niece.
you do not have any of the above-named relatives who is a:
Canadian citizen,
permanent resident, or
registered Indian under the Indian Act.

Right. Your parents are both in Canada and together - therefore they don't qualify to sponsor you. The only way they would qualify under this rule is if one of them was deceased, they had no other children or other family members in Canada, and their parents were also deceased.

 

[screech339]

I am really confused trying to interpret this, I don't think I'm reading it or understanding it correctly:

cic.gc.ca/english/immigrate/sponsor/relatives-apply-who.asp

Option 2 – Other relative

You may sponsor one relative, related by blood or adoption, of any age if you meet all of the following conditions:

you do not have a spouse, common-law partner, or conjugal partner, or one of the following living relatives you could sponsor instead:
son or daughter,
parent,
grandparent,
brother or sister,
uncle, aunt,
nephew or niece.
you do not have any of the above-named relatives who is a:
Canadian citizen,
permanent resident, or
registered Indian under the Indian Act.

Option 2 is for "alone in Canada" clause. This doesn't apply to your parents as they are alive and in Canada. If one of your parent is alive and is living alone in Canada with no relatives in Canada and your grandparents are deceased, then it applies.

 

[CTTDude]

You can read some info on dependents here:

cic.gc.ca/english/department/media/notices/2014-06-23.asp

depending on what you mean about medical reasons you may qualify based on :
June 23, 2014 — Effective August 1, 2014, the definition of a dependent child is changing for Citizenship and Immigration Canada’s (CIC’s) immigration programs.

The age at which a child will be considered a dependant is being reduced, from under 22 to under 19.

The exception for full-time students is also being removed. Children of applicants who are 19 or over but are financially dependent on their parents and are enrolled in full-time studies will no longer be eligible to be processed as dependent children.

In all cases, a child will continue to be considered a dependant, regardless of age, if they have depended on their parents for financial support because of a mental or physical condition.

Reducing the age for dependants to under 19 in the Immigration and Refugee Protection Regulations (IRPR) will bring the IRPR in line with provincial definitions of “age of majority,” which is currently evenly split between 18 and 19 across provinces and territories.

Thank you! The bold sentence you highlighted does apply to me, because I do have a medical condition that keeps me from working.

Even though I fall under this category. I am not clear about being inadmissible due to the criminal offense I have. The length of the prison term was only 1 month and the fine does not fall under the two categories listed. Would this be a big hurdle to overcome if I try to apply? Or is the crime small enough that it doesn't fit the categories to make it serious enough?

 

[scylla]

In all cases, a child will continue to be considered a dependant, regardless of age, if they have depended on their parents for financial support because of a mental or physical condition.

This would only fly if the OP had been continuously living with them and completely unable to live independently. Presumably the OP is living in the US while the parents are living in Canada. CIC won't classify this as a dependent relationship for the purposes of the above clause.

 

[CTTDude]

This would only fly if the OP had been continuously living with them and completely unable to live independently. Presumably the OP is living in the US while the parents are living in Canada. CIC won't classify this as a dependent relationship for the purposes of the above clause.

So my only option is to apply on my own as a skilled worker and I have no other way?

 

[screech339]

Thank you! The bold sentence you highlighted does apply to me, because I do have a medical condition that keeps me from working.

Even though I fall under this category. I am not clear about being inadmissible due to the criminal offense I have. The length of the prison term was only 1 month and the fine falls under the two categories listed. Would this be a big hurdle to overcome if I try to apply? Or is the crime small enough that it doesn't fit the categories to make it serious enough?

That would apply if you are living with your parents and is totally dependent on your parents the whole time. Your parents could have easily sponsored you for PR as dependent when they land as PR. But they didn't. Thus it means you are not totally reliance on your parents for day to day means.

 

[scylla]

How did your parents become citizens? Presumably they immigrated to Canada? When? After you were born?

 

[scylla]

To determine whether you are admissible to Canada or not - it doesn't matter what your sentence was - it matters what the maximum sentence for your offence could be. That's how it's evaluated. If you are currently inadmissible - it will be a year before you can apply for rehabilitation and there's no point in applying for anything until then.