Regarding sponsorship and violence

[Htiran]

Hello! I am now 32 years old but when i was 18 years old i got into a fight and assaulted someone. It wasn't a serious assault but it was an assault nonetheless. I fought with the victim and ended up hitting him with my belt. He wasn't injured or nothing but i was charged and convicted with assault causing bodily harm. Does this impede me from sponsoring my girlfriend? And should I click yes on the serious violence in the sponsor evaluation forms?

 

[Htiran]

Please help. This is stressing me out so bad.

 

[Oblivia]

Hello! I am now 32 years old but when i was 18 years old i got into a fight and assaulted someone. It wasn't a serious assault but it was an assault nonetheless. I fought with the victim and ended up hitting him with my belt. He wasn't injured or nothing but i was charged and convicted with assault causing bodily harm. Does this impede me from sponsoring my girlfriend? And should I click yes on the serious violence in the sponsor evaluation forms?

Definitions

2. In this Act,
. . .

“bodily harm”
« lésions corporelles »
“bodily harm” means any hurt or injury to a person that interferes with the health or comfort of the person and that is more than merely transient or trifling in nature;

. . .

Assault with a weapon or causing bodily harm

267. Every one who, in committing an assault,
(a) carries, uses or threatens to use a weapon or an imitation thereof, or
(b) causes bodily harm to the complainant,
is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years or an offence punishable on summary conviction and liable to imprisonment for a term not exceeding eighteen months.

Source: Criminal Code. Retrieved from http://laws-lois.justice.gc.ca/eng/acts/C-46/index.html

Assault causing bodily harm is a serious offence.

He wasn't injured or nothing but i was charged and convicted with assault causing bodily harm.

If the victim wasn't seriously injured (repeating from the Criminal Code: "“bodily harm” means any hurt or injury to a person that interferes with the health or comfort of the person and that is more than merely transient or trifling in nature"), you'd have been charged with common assault, not assault causing bodily harm.

 

[Oblivia]

Hello! I am now 32 years old but when i was 18 years old i got into a fight and assaulted someone. It wasn't a serious assault but it was an assault nonetheless. I fought with the victim and ended up hitting him with my belt. He wasn't injured or nothing but i was charged and convicted with assault causing bodily harm. Does this impede me from sponsoring my girlfriend? And should I click yes on the serious violence in the sponsor evaluation forms?

From CIC:

"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
* receive government financial assistance for reasons other than a disability
* were convicted of an offence of a sexual nature, a violent criminal offence, an offence against a relative that results in bodily harm or an attempt or threat to commit any such offences—depending on circumstances such as the nature of the offence, how long ago it occurred and whether a record suspension (formerly called “pardons” in Canada), was issued (See Sponsorship Bar for Violent Crime below)
* were previously sponsored as a spouse, common-law or conjugal partner and became a permanent resident of Canada less than 5 years ago (See Five-year Sponsorship Bar for persons who were sponsored to come to Canada as a spouse or partner below)
* defaulted on an immigration loan—late or missed payments
* are in prison or
* have declared bankruptcy and have not been released from it yet."

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

In the link above you can check the "Sponsorship Bar for Violent Crime".

 

[Htiran]

OK thank you. What i don't understand is the time of the offenses and how much weight it has on CIC's decisions. Its been more than 10 years since i committed the crime. I have never assaulted anyone since nor have I been involved in anything of a violent nature. The only offense I've had with the law since I was 18-19 years old was related to driving and it was of a non violent nature.

 

[Htiran]

From CIC:

"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
* receive government financial assistance for reasons other than a disability
* were convicted of an offence of a sexual nature, a violent criminal offence, an offence against a relative that results in bodily harm or an attempt or threat to commit any such offences—depending on circumstances such as the nature of the offence, how long ago it occurred and whether a record suspension (formerly called “pardons” in Canada), was issued (See Sponsorship Bar for Violent Crime below)
* were previously sponsored as a spouse, common-law or conjugal partner and became a permanent resident of Canada less than 5 years ago (See Five-year Sponsorship Bar for persons who were sponsored to come to Canada as a spouse or partner below)
* defaulted on an immigration loan—late or missed payments
* are in prison or
* have declared bankruptcy and have not been released from it yet."

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

In the link above you can check the "Sponsorship Bar for Violent Crime".

Thank you for your help. I found what i was looking for at this link http://www.cic.gc.ca/english/department/media/backgrounders/2011/2011-11-23.asp.

 

[tuyen]

OK thank you. What i don't understand is the time of the offenses and how much weight it has on CIC's decisions. Its been more than 10 years since i committed the crime. I have never assaulted anyone since nor have I been involved in anything of a violent nature. The only offense I've had with the law since I was 18-19 years old was related to driving and it was of a non violent nature.

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

Click on "Sponsoring a spouse, partner or dependent child"

Scroll down and look at the new rules that came into effect last year, and then look at the table.

 

[Htiran]

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

Click on "Sponsoring a spouse, partner or dependent child"

Scroll down and look at the new rules that came into effect last year, and then look at the table.

I have thank you very much.

 

[Htiran]

IN case anyone else is wondering for future reference. Got this from http://www.cic.gc.ca/english/department/media/backgrounders/2011/2011-11-23.asp

Duration of the sponsorship bar

The sponsorship bar remains in effect until an individual convicted in Canada is either pardoned or acquitted on appeal, or where five years have elapsed since the completion of an imposed sentence. For convictions outside Canada, the sponsorship bar is in effect until an individual is acquitted on appeal, or where five years have elapsed since the completion of an imposed sentence and the sponsor has demonstrated that they are rehabilitated. The regulatory changes do not alter the duration of the bar.

 

[Galip]

It happened 14 years ago. You should be fine.

 

[scylla]

IN case anyone else is wondering for future reference. Got this from http://www.cic.gc.ca/english/department/media/backgrounders/2011/2011-11-23.asp

Duration of the sponsorship bar

The sponsorship bar remains in effect until an individual convicted in Canada is either pardoned or acquitted on appeal, or where five years have elapsed since the completion of an imposed sentence. For convictions outside Canada, the sponsorship bar is in effect until an individual is acquitted on appeal, or where five years have elapsed since the completion of an imposed sentence and the sponsor has demonstrated that they are rehabilitated. The regulatory changes do not alter the duration of the bar.

This rule only applies to the person being sponsored. Not the person doing the sponsoring.

 

[Htiran]

This rule only applies to the person being sponsored. Not the person doing the sponsoring.

How so, If i may ask? Because the headline and subject for the page relates mostly to the sponsorship bar for the sponsor not the applicant.

This page that is http://www.cic.gc.ca/english/department/media/backgrounders/2011/2011-11-23.asp its not the same as the one on this page

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

 

[Halfmoon]

where five years have elapsed since the completion of an imposed sentence and the sponsor has demonstrated that they are rehabilitated.

Htiran, you should be fine to sponsor. The 5 years starts from the completion date of your sentencing (ei.probation, community service, custody).
Provide as much detail as possible in the application and describe how you've rehabilitated in addition to the time that's passed.

 

[Halfmoon]

This rule only applies to the person being sponsored. Not the person doing the sponsoring.

Rule applies to the sponsor, not applicant.

 

[Saffy]

But if it happened long ago, did you get a criminal record for it? If you did, can't you get it removed from your record and they can't see it anymore (after 5 years of it happening?)