Regarding Sponsership bar as a result of past crimes

[Flawed123]

Hi! I did some research on this ,but I wanted to hopefully get some clarification.

So, my wife wants to sponsor me and in the sponsorship evaluation form there is the question regarding convictions of violent offenses to family members.

She was convicted of such an offense to her son and was placed under house arrest for 2 years.She completed her sentence in 2009.( so 12 years ago).

Now, based on this : https://www.canada.ca/en/immigratio...l-partner-dependent-child-complete-guide.html , it states :

Sponsorship bar for violent crime
The sponsorship bar prevents people who’ve been convicted of certain crimes from sponsoring a family member.
If you’ve been convicted of a crime that caused bodily harm to any of the relatives listed below, you can’t sponsor anyone under the Family Class.
Note:

• “Partner” includes common-law and conjugal partners.
• Relatives not listed here may still fall under this category. If you aren’t sure, check the full list of rules or contact us.

Relatives the sponsorship bar can apply to:

• your current or ex-spouse/partner and/or their children,
• your children,
• your parent/grandparent, child/grandchild, sibling, niece/nephew, aunt/uncle, or cousin, or
  • the current or ex-spouse/partner and children of the above
• the parent/grandparent, child/grandchild, sibling, niece/nephew, aunt/uncle, or cousin of your current or ex-spouse/partner or children, or
  • the current or ex-spouse/partner and children of any of the above
• your child’s spouse, partner or children,
• your spouse’s, partner’s or child’s ex-spouse or ex-partner and children,
• your partner’s parent/grandparent, child/grandchild, sibling, niece/nephew, aunt/uncle, or cousin, or
• the current or ex-spouse/partner (and their children)of any of the above,
• a foster child who is or was cared for by
  • you,
  • your current or ex-spouse/partner or their children,
  • your parent/grandparent, child/grandchild, sibling, aunt/uncle or cousin, or
  • the current or ex-spouse/partner (and their children) of any of the above, or
• your current or ex-boyfriend/girlfriend, their spouse or common-law partner, and their dependent children.

So it appears that she cant sponsor. But it states that she cant sponsor under the Family Class. But we plan to apply via the Spouse or Common Law Partner in Canada Class(it listed as separate to the Family Class.

So does the above apply to her?


Then , from this website: https://www.canada.ca/en/immigratio...details-sponsorship-bars-family.html#violence :

Convicted of offences outlined in [R133(1)(e)(i)], [R133(1)(e)(i.1)], and [R133(1)(e)(ii)]
These offences are:

• an offence of a sexual nature – or an attempt or threat to commit such an offence – against any person [R133(1)(e)(i)]
• an indictable offence involving the use of violence and punishable by a maximum term of imprisonment of at least 10 years against any person [R133(1)(e)(i.1)]
• an offence causing bodily harm against any of the following [R133(1)(e)(ii)]:
  • a current or former family member
  • a relative, or a current or former family member of that relative
  • a family member’s relative, or a current or former family member of that relative
  • a current or former conjugal partner
  • a family member’s or conjugal partner’s current or former family member
  • a conjugal partner’s relative, or a current or former family member of that relative
  • a child currently or formerly under the care of the sponsor, or the sponsor’s current or former family member or conjugal partner
  • a person the sponsor is dating or has dated, or a family member of that person

Where five years have not passed since the completion of the sentence imposed, a person cannot sponsor or co-sign unless:

• they have been pardoned or finally acquitted (for convictions in Canada)
• they have shown, at least five years after the expiry of the sentence, that they have been rehabilitated, or there has been a final acquittal (for convictions outside Canada)

In calculating the five-year period, a sentence includes probation, suspended sentences and intermittent sentences.

Exception: Persons with convictions for which they have received conditional or absolute discharges.



In the above it states : "Where five years have not passed since the completion of the sentence imposed, a person cannot sponsor or co-sign unless"

She completed her house arrest in 12 years.

So is she is the clear to sponsor me ?


Than you for all your help

 

[his*marty]

If I'm not mistaken, spousal still falls under the family class umbrella. When I set up my gckey, it was under family - there was no choice of spousal.

 

[k.h.p.]

Talk to a lawyer. As I understand it, she cannot sponsor. The second regulation you quoted relates to a pardon which may be your only avenue but talk to a lawyer.

 

[Flawed123]

Talk to a lawyer. As I understand it, she cannot sponsor. The second regulation you quoted relates to a pardon which may be your only avenue but talk to a lawyer.

Thanks for the reply.We have a consultation next week.

However , I was doing some more research and from here: https://laws-lois.justice.gc.ca/eng/regulations/sor-2002-227/page-29.html#docCont

IT STATES :
Exception — conviction in Canada

(2) Despite paragraph (1)(e), a sponsorship application may not be refused (1 (e) refers to the

• (a) on the basis of a conviction in Canada in respect of which a pardon has been granted and has not ceased to have effect or been revoked under the Criminal Records Act, or in respect of which there has been a final determination of an acquittal; or
• (b) if a period of five years or more has elapsed since the completion of the sentence imposed for an offence in Canada referred to in paragraph (1)(e).

It apperas that he 5 year is separate from pardon.

Thoughts?

 

[k.h.p.]

Thanks for the reply.We have a consultation next week.

However , I was doing some more research and from here: https://laws-lois.justice.gc.ca/eng/regulations/sor-2002-227/page-29.html#docCont

IT STATES :
Exception — conviction in Canada

(2) Despite paragraph (1)(e), a sponsorship application may not be refused (1 (e) refers to the

• (a) on the basis of a conviction in Canada in respect of which a pardon has been granted and has not ceased to have effect or been revoked under the Criminal Records Act, or in respect of which there has been a final determination of an acquittal; or
• (b) if a period of five years or more has elapsed since the completion of the sentence imposed for an offence in Canada referred to in paragraph (1)(e).

It apperas that he 5 year is separate from pardon.

Thoughts?

You need a lawyer is basically my thoughts. If you're reading statute and asking for interpretation, you're asking for a legal opinion. I am not licensed to give legal opinions.