please help, Sponsorship with arrest record

[ivychen]

first, I am Canadian Citizen, my husband is international student with work permit. I lost my job few month ago, but I get new job now so I will stop social assistant soon. My concern is I got common assault while I was with my ex boyfriend, we both got arrested at that time, then i went to PARS program and I finished that last month, and the Criminal charge was withdraw and Criminal charge was gone, but they still remain the record of arrest and I only can apply to destroy that at least 3 month if without peace bound. So my question is Can I sponsor my husband before record of arrest gone, if not, Can lawyer help me to make the process of destroy faster?? Thanks for reply, My husband's work permit will expire in this year so we both are very worried, I am really appreciate for help

 

[denhans]

Did you being convicted? Are you married or not? if married, does your wedding inside canada or outside canada?

You can find the information on CIC websites, under police clearance section will explain the time lengh about the offence.
Usually, CPC will look over your financial backgroud, you better consult with your accountant to seek details.
CPC will investigate how much tax did you paid in each year! Don't forget to find the tax receipts from past years.
Also find some information on CIC websites about sponsering your common-law partner, if you having social assistant, you may not qualify to being a sponser~! Keep it in mind~!

If his working permit is going to expire, he can contact his employer to make some statement to apply for extantion.

 

[tgchi13]

first, I am Canadian Citizen, my husband is international student with work permit. I lost my job few month ago, but I get new job now so I will stop social assistant soon. My concern is I got common assault while I was with my ex boyfriend, we both got arrested at that time, then i went to PARS program and I finished that last month, and the Criminal charge was withdraw and Criminal charge was gone, but they still remain the record of arrest and I only can apply to destroy that at least 3 month if without peace bound. So my question is Can I sponsor my husband before record of arrest gone, if not, Can lawyer help me to make the process of destroy faster?? Thanks for reply, My husband's work permit will expire in this year so we both are very worried, I am really appreciate for help

From http://www.cic.gc.ca/english/immigrate/sponsor/spouse-apply-who.asp

You may have two issues going against you:

You may not be eligible to be a sponsor if you:

failed to provide financial support you agreed to when you signed a sponsorship agreement to sponsor another relative in the past
defaulted on a court-ordered support order, such as alimony or child support
received government financial assistance for reasons other than a disability
were convicted of a violent criminal offence, any offence against a relative or any sexual offence—depending on circumstances such as the nature of the offence, how long ago it occurred and whether a pardon was issued
defaulted on an immigration loan—late or missed payments
are in prison or
have declared bankruptcy and have not been released from it yet.


In the first instance, they use received (to include past tense); in the second, domestic abuse is usually a charge that disqualifies. I think you should consult a good lawyer, and good luck!

 

[G Kann]

The Sponsor's Guide to sponsorship a spouse, etc. (from outside Canada) states among other things, you may be ineligible to sponsor if:

you are in receipt of social assistance for a reason other than disability.

Seems to be a case of different tenses between the guide and the website. It seems to bit harsh to penalise someone if they were on social assistance say five years ago, and have been employed ever since.

For the purposes of this thread though, this is insignificant as the thread starter is currently on social assistance.

 

[tgchi13]

The Sponsor's Guide to sponsorship a spouse, etc. (from outside Canada) states among other things, you may be ineligible to sponsor if:

you are in receipt of social assistance for a reason other than disability.

Seems to be a case of different tenses between the guide and the website. It seems to bit harsh to penalise someone if they were on social assistance say five years ago, and have been employed ever since.

For the purposes of this thread though, this is insignificant as the thread starter is currently on social assistance.

I agree completely! I'd always gone by the guide rather than the website.

 

[ivychen]

Hi, I am the wife of the husband here. I was on assistance because I was laid off (as a security guard) and rejected from EI, although I petitioned many times. I now have a secure full-time job, so that is no longer a concern according to the lawyer. I am a Canadian citizen since birth & we were married in Toronto, in January 2010.

We met in person last January after having been friends online for some time. He came to live with me after the incident with my previous live in boyfriend, so I would feel safe. I had never met anyone so kind & sweet, gentle & funny. It was a difficult time & we supported one another. We moved to another apartment FAR away from where the trouble had been & are very happy now. I could not imagine my life without him! :'(

Last year before I met my husband, I was assaulted & nearly killed (I received a concussion and facial bruising) by my live in boyfriend. I claimed self defense, yet could not afford a trial. Therefore, We were both charged and no conviction was made. However, it is NOT a finding of "guilty" or anything like that.

***side note*** Before all this nonsense, I was a student at the University of Toronto with a double major, and a hardworking security guard with no criminal record to speak of. It was due to my regular mandatory attendance to the PARS program, that I lost my job as a guard. (They require a fully open/available schedule).

I had to attend a PARS program & successfully completed this diversion program; it was really more of a victim response & counseling for women who are on the receiving end of domestic abuse. There is only one program for Women, and it took nearly a year to get into. There are dozens of programs for abusive men, they are even specialized in a multitude of languages; goes to show you just who the real abusers are.

**side note***The police and courts have decided that in these cases of domestic violence (which happen behind closed doors, with one's word against the other) that both parties should be charged regardless so that the courts may deal with it and decide from there. Unfortunately this causes the victims of these violent offenses to be victimized further by the justice system. It was hell, no one should ever have to face this, truly, I am lucky to be alive.

So, After this diversion program, a peace bond of 6 months to a year has been proposed. I no longer have a criminal record, however there is still a ROA: "Record of Arrest" which I can apply to have destroyed after waiting 6 months. I have asked the judge to consider striking the peace bond from the record all together, I will find this out as of April 28th.

The immigration lawyer is recommending we pay her $500 to write a letter stating I require the peace bond struck as it jeopardizes the possibility of immigration for my partner. Without this letter, she says the peace bond will not be struck. She also claims she can have my Record of Arrest destroyed before the 6 month waiting period. For this service we would have to pay her even more, on top of her previous fees which are considerable. All this and we may not even be approved?

 

[ivychen]

Scenario 1
The criminal record is clear as of my last court date, only the ROA (record of arrest) remains. I am petitioning to have the proposed peace bond struck from the record--- this would last 6 months to a year, and 6 months after the peace bond expires, I could APPLY to have my ROA destroyed. This would total a year and a half, at minimum, and we cannot wait that long for immigration purposes.

Scenario 2
My criminal record is clear as of my last court date, & If the peace bond is struck from the record next week, I still have to wait 6 months to have the ROA destroyed. The immigration lawyer suggests if we pay her (alot) more we can have the ROA (record of arrest) destroyed within 3 months. I have serious doubts she would be able to destroy it sooner, as this is just how the system works, slow and imperfect.

So, our question is---
1. Does the ROA (record of arrest) itself jeopardize my ability to be a sponsor? (Despite not having a "criminal record" for the offense)
2. Would the lawyer be able to destroy the ROA in 3 months or less as she claims?

I am so worried what will happen should I be rejected as a sponsor. We really appreciate your consideration and assistance in this matter. Why is it so difficult for 2 people who love each other to be with one another forever?
Thank you again. <3 & peace

 

[iarblue]

no it does not effect it at all

 

[RobsLuv]

If you are not currently in receipt of social assistance, you are eligible to sponsor.

The arrest could be an issue - not because it should be one, but because it's CIC you're dealing with and it was a domestic violence situation. As you said, when it happens behind closed doors, with one's word against the other, both parties are charged. I'm sure you'll agree that there are good reasons for CIC to exclude as sponsors people who have been convicted of sexual offences, or offences against partners. It needs to be crystal clear to them that you were the victim in this scenario. I think you'd be wise to consult a qualified immigration attorney before submitting the application - so that you have advice on what information to include to ensure that you're not further victimized over this by CIC.

 

[stonecold39]

i feel sad

 

[peacekeeper]

If you try to get a Police certificate,they will mention your ROA (Record of arrest) on there ??

 

[matthewc]

If you want to go through the process with a lawyer, my advice would be to find one who puts giving you accurate advice ahead of telling you you need to do things that will cost months and $500. A simple spousal sponsorship doesn't usually need a lawyer.

The requirements in the regulations are clear - for what happened to make you ineligible to sponsor, you have to have been convicted, not just arrested. If you weren't convicted, you're sponsorship should be approved.

"133. (1) A sponsorship application shall only be approved by an officer if, on the day on which the application was filed and from that day until the day a decision is made with respect to the application, there is evidence that the sponsor
...
(e) has not been convicted under the Criminal Code of
(i) an offence of a sexual nature, or an attempt or a threat to commit such an offence, against any person, or
(ii) an offence that results in bodily harm, as defined in section 2 of the Criminal Code, to any of the following persons or an attempt or a threat to commit such an offence against any of the following persons, namely,
(A) a relative of the sponsor, including a dependent child or other family member of the sponsor,
(B) a relative of the sponsor's spouse or of the sponsor's common-law partner, including a dependent child or other family member of the sponsor's spouse or of the sponsor's common-law partner, or
(C) the conjugal partner of the sponsor or a relative of that conjugal partner, including a dependent child or other family member of that conjugal partner;"

You might want to tick the box that says you want to withdraw if found ineligible to sponsor, on the chance they do refuse. If you do that, they'll process it, and if there's a problem, return the application, faster than it would take to destroy the ROA even under your lawyer's optimistic estimate.

 

[iarblue]

Listen i got an assult charge too and a record of being on a peace bond even though i never done this its still on record i had a piece bond.Iwas not charged though for any crime.If you were charged you must report it.
They never charged me i agreed to the peace bond to get the hell out of court and be on with my life.It has not affected mine in anyway.But if you have been charged even though they say its cleared it may still come up and if you are the sponsor it does not ask you to include any police records.Just the person your sponsoring.
Its your call to just do the application but i also believe you have to be off social assisstance for one year but the others will tell you that for sure i may be wrong.

 

[saleen69er]

Hello everybody.I too was arrested and charged with assault sec.266. Does anybody know if this will automattically refuse my sponsorship or is there still hope.Anything would be a great help to me.
I have not finished all the court crap yet.What if I sent an application in before the courts final decision is made?

 

[iarblue]

You guys really need to consult an immigration lawyer on this cause no matter what anyone tells you.Once they see your criminal record its to the officers descretion what he does with it.
It more or less who the crime is against,than the crime itself. ex if you and your common law or spouse get into a fight where the police are called you get arrested and charged,now you want to sponsor this person????? if you were an officer what would you think.Like i said these sort of things you really need a professional to answer the question.and the best to answer them is cic you dont need to say who you are just that you want an answer to a question.