Sponsor on parole! PLEASE HELP ME!

[canadianwoman]

I was referring to the regulations that rjessome posted, and also to the guidelines on the forms. The CIC website has all the forms and the guides on how to fill them out. Here's the link:
http://www.cic.gc.ca/english/information/applications/fc.asp
The CIC website also has links to the official government regulations. www.cic.gc.ca

I think your husband does need advice from a lawyer for this, because I see he is under parole until 2021. The crime then may be considered a serious one by CIC.

 

[PMM]

Hi

It depends on the circumstances of the crime. Specifically, IRPA says this regarding 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;

Assuming that none of the above apply to your sponsor, he will be fine to sponsor you after you are married.

Note the OP said that he was convicted of Aggravated Assault and Break and Enter. Note (e)(ii) above that Aggravated Assault would fall into that category.

From the Criminal Code.

268. (1) Every one commits an aggravated assault who wounds, maims, disfigures or endangers the life of the complainant.

Punishment

(2) Every one who commits an aggravated assault is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.

 

[Zeinab20]

Hello there Cdagal!

I can imagine why you' re thinking like that. Well, I can explain why. Of course we won't get married on our first meeting. Maybe in the following weeks after we met each other and for example go out together. But we really want to get married in my visitor stay that is because my family is really traditionally and they just don't accept 'boyfriend/girlfriend and being together without being married'.
But I thought that getting married would be a positive thing to do.. maybe we will marry in haste but we won't start the sponsorship right after we get married. Not until one year after.. I hope you understand what I mean Cdagal and thank you for wishing us luck.

 

[Zeinab20]

Hello PMM!

Thank your for taking your time to read my post and perhaps my personal message too. But to be honest I didn't understand what you meant with your post. My English isn't so well, I am sorry. I hope you can describe it a bit different.

Thank you in advance!

 

[Zeinab20]

Thank you CanadianWoman..

Yes, I did recommend it to my love to talk to a lawyer.

 

[lonely_wife]

Hello again LonelyWife,

I am a bit confused about what you described. Yes, you are completely right that obtaining a pardon first is the best thing to do. you can apply for a pardon after 5 years for more serious offences Do you mean to apply 5years after the crime??? No, the crime occurred about 5years ago.. he has spent 4,5years in prison and his supervision will be till 2021 And he is a free man since July, so you can understand that we really need to wait a bit longer just for him to make more progress in his parole. But we really want to get married in August though..
Where do we need to start for obtaining a pardon?

In order to obtain a pardon, now don't quote me on this but I googled it and it appears that he could apply for it through a lawyer... now I must think that because he did 4.5 years in prison they would not give him a pardon now... I am assuming he would first of all need to be off supervision... You can certainly get married but be prepared for them to refuse him as a sponsor if you decide to file the spousal sponsorship in the next a year or so...

I just don't see the governement allowing someone on supervision that is high risk to return to prison and that is high risk for the you and the rest of the public the opportunity to sponsor... I am not saying he would do anything by this but the governement will not take that chance. I don't even think a letter from his parole officer wil even help in this case...

I think the lawyer may be a waste of money at this point... I would speak with immigration canada... get your hubby to call the call center they will be able to advise him... the lawyer will probably say he will be able to help but it will cost LOTS and you are not guarantee that he will be allowed to sponsor you

 

[Zeinab20]

LonelyWife, thank you for your post.

Can I ask you what link you googled? Are you sure that Immigration Canada is authorized for giving out such information? I don't want to start with the procedure especially not now or the couple of months(year) that is following. And yes, a lawyer is expensive and he won't give us the certainty.

Depressing.. it really is depressing. :'(

 

[lonely_wife]

LonelyWife, thank you for your post.

Can I ask you what link you googled? Are you sure that Immigration Canada is authorized for giving out such information? I don't want to start with the procedure especially not now or the couple of months(year) that is following. And yes, a lawyer is expensive and he won't give us the certainty.

Depressing.. it really is depressing. :'(

I googled something earlier but cannot find it again lol and I can currently at work so I can't look in the history but here is a helpful link http://pardons.com/index.html if you actually look under the pardon tab the top it will give you some facts and they talk about immigration canada... If you get hubby to call I would not get him to divulge his name or any of his info because he doesnt have a file with them... Just call and ask for general inquiry he could always say that he is calling for a friend if that makes him feel better... I hope this helps

 

[lonely_wife]

omg sorry about the mistakes I haven't slept all night cause I am at work lol I wrote can earlier in my previous message oppps lol

 

[lonely_wife]

I meant to ask where is your hubby??? is he in the toronto area??? cause the link that I sent is for an office in the GTA...

 

[Zeinab20]

He lives near Vancouver, BC..

 

[Zeinab20]

Lol LonelyWife..

I just clicked on the site that you gave me and I noticed I already had it opened in another window. But still, thank you, all the help is welcome. If you get hubby to call I would not get him to divulge his name or any of his info because he doesnt have a file with them I didn't understand that sentence so well, are you saying that he shouldn't give out any personal information when he calls?

Thank you in advance.

 

[lonely_wife]

Here is a link they have an office in Vancouver http://www.expresspardons.com/pardons/

When I say get your hubby not to divulge personal info... I mean if he calls the call center you can get him just to say hi, I'm calling for information i would like to know if someone would like to apply for a spousal sponsorship and has a criminal record then he can describe the offences and when this happened, how long he was in prison and when his supervision will end if this could affect him negatively or if he will be refused to sponsor because of this... When he calls just get him to do a general inquiry just in case they ask for his name, if I were him I wouldnt give it cause I dunno if they keep all the phone records and if they do and he chooses to wait until he gets his pardon to file the application then it could affect him negatively when he called... but I can be wrong I am not sure if they actually keep the records of the people of call in...

 

[Zeinab20]

I understand what you mean! Thank you for the link!

 

[lonely_wife]

kk perfect... sorry sometimes im not clear either lol english is not my first language either lol... at times it makes sense what i say but to others it dont make no sense lol ahahahahahaha ;D