sponsor has criminal record

[sweetiepie46]

hello I have a friend whose husband is a Canadian then married a Filipina in Ilocos Philippines last year and now trying to sponsor his wife to Canada. THis guy has a criminal record last 10 years ago for trying to kiss a woman only and got convicted of sexual assault. The woman is not a relative but their worker in a restaurant. Okay, he didnt go to prison but under probation only and he served it. Like I said that was 10 years ago. Will this affect his sponsorship???Can he sponsor at all?Please anybody has the same case a sponsor that has a criminal record???

 

[screech339]

It is possible that he may be deemed ineligible to sponsor due to the sexual conviction. If the sponsor was convicted of an offense of a sexual nature, the sponsor is not eligible.

However that said, keep in mind that even though he was convicted of trying to kiss someone, if it is unwanted by the victim, it is considered to be an sexual assault here in Canada.

The other side of the coin is that Canadian sponsors are not required to submit criminal record to CIC unless requested. Since the offense occurred outside Canada, how does CIC know of his conviction? His record would be known if the offense occurred in Canada and was convicted inside Canada.

 

[PMM]

Hi

It is possible that he may be deemed ineligible to sponsor due to the sexual conviction. If the sponsor was convicted of an offense of a sexual nature, the sponsor is not eligible.

However that said, keep in mind that even though he was convicted of trying to kiss someone, if it is unwanted by the victim, it is considered to be an sexual assault here in Canada.

The other side of the coin is that Canadian sponsors are not required to submit criminal record to CIC unless requested. Since the offense occurred outside Canada, how does CIC know of his conviction? His record would be known if the offense occurred in Canada and was convicted inside Canada.

1. Note the OP didn't say that the offence occurred outside Canada.
2. CIC does it's own criminal record check in Canada on sponsors.

 

[screech339]

Hi

1. Note the OP didn't say that the offence occurred outside Canada.
2. CIC does it's own criminal record check in Canada on sponsors.

You are correct. The OP didn't specify that the offense occurred outside Canada. If the husband was convicted of sexual assault within Canada, 10 years ago, my post was moot.

CIC will likely find the criminal record check on the husband and they can then decide whether to admit the husband's ability to sponsor to not. That is entirely up to them.

 

[CMLR]

So I have a question; My husband, sponsor, was not arrested or booked but about 8 years ago his then wife, as she was leaving him, called the police said he was crazy and had a gun. He did have a gun, they had several in the home. He was actually telling her to take it since she did not want to be with him anymore and shoot him. The police called the SWAT team in. It took the SWAT Team over 3 hours to get there, not sure why other than ferries, by that time the then wife was off their property and my husband had taken all the guns out to give to the SWAT team so that they were not in the house anymore, the guns were laying in the grass. They took him in but let him go the next day, I think they sent him in for mental health evaluation. His wife of over 25 years had just left him and he was very depressed. My question is, will we have issues around this or not? He has never had any other issues and in this one they did not take it to court at all.

 

[keesio]

So I have a question; My husband, sponsor, was not arrested or booked but about 8 years ago his then wife, as she was leaving him, called the police said he was crazy and had a gun. He did have a gun, they had several in the home. He was actually telling her to take it since she did not want to be with him anymore and shoot him. The police called the SWAT team in. It took the SWAT Team over 3 hours to get there, not sure why other than ferries, by that time the then wife was off their property and my husband had taken all the guns out to give to the SWAT team so that they were not in the house anymore, the guns were laying in the grass. They took him in but let him go the next day, I think they sent him in for mental health evaluation. His wife of over 25 years had just left him and he was very depressed. My question is, will we have issues around this or not? He has never had any other issues and in this one they did not take it to court at all.

I *think* you are fine since he was never charged of anything. If he was, it could be trouble since it would be a domestic dispute.

 

[CMLR]

I thought we would be fine but was not sure and he worries about many things easily so i wanted to see if anyone knew. Thanks for getting back to me

 

[sweetiepie46]

You are correct. The OP didn't specify that the offense occurred outside Canada. If the husband was convicted of sexual assault within Canada, 10 years ago, my post was moot.

CIC will likely find the criminal record check on the husband and they can then decide whether to admit the husband's ability to sponsor to not. That is entirely up to them.

so what do you think the chances are?

 

[Mrs.Purcy]

If he wasn't convicted, didn't do time for it than maybe you're fine... But Id still potentially look for a lawyer. If there's not actual criminal charge on his background than I think you're ok.