Please help - ineligible to sponsor because of past criminal record of assault?

[Momo326]

Hi everyone,

I had an old conviction 12 years ago when I reacted poorly from an unfortunate event. My ex girlfriend who I was in a relationship at that time, was also seeing another man which I wasn't aware of until I caught him at her home. Unfortunately, I was young and stupid where I used poor judgement and hit the man out of my immediate reaction. I was convicted of assault causing bodily harm. Since it was at her home, this was also domestic violence as well. I regret ever since what I have done as this was a stupid act when I was young.

Now fast forward to today, I have been in a relationship with someone I love the last two years and we recently got married. She is from Japan. I may have run into a major problem which is not thoroughly getting enough information to see if I'm even eligible to sponsor her to live with me in Canada. I have been getting mixed information and an immigration consultant I have met has told me "it should be fine" since it was a long time ago, but I'm still not too sure. The CIC website states that there's a sponsorship bar for a violent crime. Does anyone else know that because of my past conviction, I would be barred from sponsorship or am I still eligible to sponsor?

Any help will be much appreciated. Thank you.

 

[Nyhiraba]

If five years have passed since the completion of that sentence you can sponsor.

"where five years have elapsed since the completion of the imposed sentence...": http://www.cic.gc.ca/english/resources/manuals/bulletins/2011/ob361.asp

Also read this thread. http://www.canadavisa.com/canada-immigration-discussion-board/-t429251.0.html

 

[Momo326]

Okay thank you for that answer. It's a bit confusing.

What then, do I answer for Question 14 on Application to Sponsorship form, 1344, "Have you been convicted of a sexual offence, violent crime against anyone, or an offence causing bodily harm against someone who is related to you, or an attempt to commit such an offence?".

Yes or no? If answering yes, then above it says, "If answered yes, you may not be eligible to sponsor..." :-[

 

[jacalinkup]

Okay thank you for that answer. It's a bit confusing.

What then, do I answer for Question 14 on Application to Sponsorship form, 1344, "Have you been convicted of a sexual offence, violent crime against anyone, or an offence causing bodily harm against someone who is related to you, or an attempt to commit such an offence?".

Yes or no? If answering yes, then above it says, "If answered yes, you may not be eligible to sponsor..." :-[

I would hire the best immigration lawyer you can find. This is not a simple case.

 

[HarkiranKaur]

Apply for a pardon. If pardoned granted you don't have to mention it on the application.

 

[Ponga]

Apply for a pardon. If pardoned granted you don't have to mention it on the application.

Are you sure about that? A pardon doesn't change the fact that a person was initially charged and convicted.

[source]: https://en.wikipedia.org/wiki/Pardon

Canada
Pardons

The Parole Board of Canada (PBC) is the federal agency responsible for making pardon decisions under the Criminal Records Act (CRA). Under the CRA, the PBC can issue, grant, deny, and revoke pardons.

In 2012, the Parliament of Canada passed the Safe Streets and Communities Act,[1] which changed a number of elements regarding the criminal justice system. The Act replaced the term "pardon" with "record suspension", and the pardon system was similarly changed.[2]

A pardon keeps a judicial record of a conviction separate and apart from other criminal records, and gives law-abiding citizens an opportunity to reintegrate into Canadian society.

The CRA removes all information about the conviction for which an individual received the pardon from the Canadian Police Information Centre (CPIC). Federal agencies cannot give out information about the conviction without approval from the Minister of Public Safety Canada.

A pardon does not, however, erase the fact that an individual was convicted of a crime. The criminal record is not erased, but it is kept separate and apart from other (non-pardoned) criminal records.

 

[canuck_in_uk]

What then, do I answer for Question 14 on Application to Sponsorship form, 1344, "Have you been convicted of a sexual offence, violent crime against anyone, or an offence causing bodily harm against someone who is related to you, or an attempt to commit such an offence?".

Yes or no? If answering yes, then above it says, "If answered yes, you may not be eligible to sponsor..." :-[

Answer yes, because it was a violent crime. Include all of the court documents and a full explanation.

 

[Aquakitty]

Remember, it says "MAY NOT", not "can not". It's up to the officer's discretion. So, check the correct boxes and provide as much info as you can, and a good explanation.

 

[Momo326]

Okay, thank you guys very much. I will be writing a letter of explanation of my past convictions. I will be sending in the application from Japan with the outland option. I still will most likely be hiring a good immigration lawyer when I am back in Canada soon as it's best to hire an experienced legal immigration expert to represent me in my case. I don't like to dish out a few thousand as many here on this forum seem to be successful sending it in on their own. However, a lawyer makes me feel more confident and they may be more helpful if any situation arises down the road. I will be too hurt if my wife can't be with me here, so it's worth it.

Yes, thank you HarkiranKaur, I will be applying for a pardon or it's now called a record suspension. But this takes time. I don't want to wait 12 months before I apply! Can't wait two years or more to get my wife to live with me. It's too long. However, I will be applying anyways as soon as I'm back in Canada, thank you.

Thanks canuck_in_uk. I will answer yes and explain. However, I was unsure since the "violent" crime I have been convicted of, carried a maximum of 5 yrs, not the 10 yrs as per rules with CIC. I had received a year probation for my mistake. I thought violent crimes would be crimes that are more serious than assault and it wasn't in their list of example crimes that is considered violent or cause a sponsorship ban. I made an error in my post, I wasn't convicted of assault causing bodily harm, just assault. Well, it's a "lower crime" than the assault causing bodily harm. Anyhow, I dislike thinking of my past and see myself as someone who was violent. I made a mistake that day.

Thanks, Nyhiraba. I consulted a few lawyers who also stated the same 5 yr sponsorship ban time and this is really the main positive point about my case. I'm hoping CIC will see to it that more than 10 yrs have passed and I have moved on in my life, rehabilitated with time, being with family & friends as well as understanding of my own mistakes.

Thanks Aquakitty, it's true. I will write a detailed letter to explain my past mistakes. Hope is always good.

Stressful not knowing for sure! But thank you all again. I really appreciate the good information. God bless you all.

 

[keesio]

not to excuse the incident but I do believe it helps that it was the other guy that he assaulted and NOT his ex. Only because the main concern IRCC has is someone who has a history of domestic violence (spouse/partner). It will still be a major red flag with the application but I think there is some hope.

 

[Kesha]

If five years have passed since the completion of that sentence you can sponsor.

"where five years have elapsed since the completion of the imposed sentence...": http://www.cic.gc.ca/english/resources/manuals/bulletins/2011/ob361.asp

Also read this thread. http://www.canadavisa.com/canada-immigration-discussion-board/-t429251.0.html

Is this applicable even if the spouse have not applied for a record of suspension?

 

[Katerine27]

Any update in this case my husband wants to sponsor me but he has as well old criminal charges against his ex partner