Sponsor on parole! PLEASE HELP ME!

[rjessome]

Hi

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.

Yes, of course you are right. However, it doesn't appear that the victims of his crime were any of those listed in (A), (B) or (C) so he will still be eligible to sponsor.

 

[rjessome]

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?

He will NOT be eligible to apply for a pardon until 2031 since his sentence is not fully completed until 2021 and was convicted of a personal injury offence. The Parole Board of Canada issues pardons. See the following link, http://pbc-clcc.gc.ca/infocntr/factsh/pardon-eng.shtml specifically:

When can a person apply for a pardon?
Before a person is eligible to apply for a pardon, he/she must have:

1.completed all sentences, and
2.waited a certain period from the completion of all sentences.

When is a sentence completed?
•When a person has paid all fines, surcharges, costs, restitution and compensation orders in full;
•When a person has served all of his/her time, including parole or statutory release; and
•When a person has satisfied his/her probation order.

What is the waiting period?
•10 Years
◦for a personal injury offence (Section 752 of the Criminal Code) including manslaughter, where a sentence of two or more years was imposed
◦for an indictable sexual offence
•5 years
◦for an indictable offence other than a sexual offence
◦for a summary sexual offence
•3 years
◦for a summary offence other than a sexual offence

 

[rjessome]

Ok my friend called me back she stated that sha had spoken with the call center for immigration which are people hired by immigration to answer questions over the phone... I am not sure if they are considered to be IO but I would think so...

Call Centre agents are clerks who answer general immigration questions. They are not Immigration Officers or Visa Officers nor do they have the same level of training.

 

[Zeinab20]

Rjessome..

Thank you for the information.. I already read a lot about a pardon but that is not something to think about now.. He is eligible to finish the supervision and probably would have to wait 5years before he can apply for a pardon.
Yes, of course you are right. However, it doesn't appear that the victims of his crime were any of those listed in (A), (B) or (C) so he will still be eligible to sponsor. Rjesomme what do you mean with this sentence, I didn't understand where you were referring this to.

Thank you.

 

[rjessome]

Rjessome..
Thank you for the information.. I already read a lot about a pardon but that is not something to think about now.. He is eligible to finish the supervision and probably would have to wait 5years before he can apply for a pardon.
Yes, of course you are right. However, it doesn't appear that the victims of his crime were any of those listed in (A), (B) or (C) so he will still be eligible to sponsor. Rjesomme what do you mean with this sentence, I didn't understand where you were referring this to.
Thank you.

I was referring to PMM's comments. If your boyfriend had been convicted of these offences against family members of you or him, he would not be eligible to sponsor.

 

[Zeinab20]

OK.

My love did not commit the crime against his family members nor mine family members..
I am really getting so confused ??? Some people tell me that my boyfriend could sponsor me because he didn't commit the offence against relatives..
And other people tell me that he can't sponsor me at all just because of his offence.
I don't know what to believe anymore..

 

[Zeinab20]

Anyone??

 

[bobshynoswife]

Hi Canadianwoman!

I have to learn a lot and English isn't my native language, that is why can misread things sometimes. The victim was not a relative of my love nor a relative of me as we know each other for a couple of months now. I think his parole officer would help us, especially if my love is bringing progressions in his daily life. Yes we live far away from each other, in August we would like to meet and get married. From then we will wait one year before we start the sponsorship. Even though we would like to start it as soon as possible.. we just don't want any risk that our application might get denied. I do have a question for you, you were talking about 'the regulations' where can you find them if I may ask?

I think you will have a hard time proving your relationship is genuine with this course of action. Getting married on your first visit to each other is VERY suspicious, as is submitting your application a year after marrying. They will assume if you are genuinely married you would want to be together right away, yes? So why would you wait.

I think you would be very wise to meet in August, see how it goes, try to meet up in person a few more times over the next year and then get married in 2012 and submit your application immediately after getting married.

 

[Baloo]

Maybe I am missing something here?

The OP has not met her partner at all; The partner has been convicted of aggravated assault, and they plan to marry during the OP's first visit to Canada.
Aside of all the immigration issues, wouldn't it be wise to think about the reasons (or background to) why someone commits assault, BEFORE deciding on marrying them? Discussing this sort of stuff online is nothing like face to face conversation.

I know some people fall in love "on sight", and some fall in love online, however, it has got to be a good idea to "see how things develop" before getting into marriage. It could be that I am overly cautious, but something in this relationship (as described) doesn't feel right. I don't doubt that an IO will be all over this like a rash!

bobshynoswife is right, the actions as planned are very suspicious.

 

[whoopsydaisy]

Hi Zeinab20, I am also of the opinion that what bobshynoswife said in the quote below is a good idea, if not the best idea. Marrying on the first meeting (meaning your visit to Canada to see him for the first time) isn't recommendable, and submitting an application after ONE year isn't recommendable also. Baloo, another poster here, may be right. But I do not want to judge because I am not you and I don't know your life. Hence I'd like to give you some virtual hugs because I know immigration issues can cause a lot of stress and heartaches, what's more something as huge as a criminal offence. I wish you and your boyfriend all the best.

I think you would be very wise to meet in August, see how it goes, try to meet up in person a few more times over the next year and then get married in 2012 and submit your application immediately after getting married.

 

[Zeinab20]

I think you will have a hard time proving your relationship is genuine with this course of action. Getting married on your first visit to each other is VERY suspicious, as is submitting your application a year after marrying. They will assume if you are genuinely married you would want to be together right away, yes? So why would you wait.

I think you would be very wise to meet in August, see how it goes, try to meet up in person a few more times over the next year and then get married in 2012 and submit your application immediately after getting married.

Bobshynoswife, thank you for your post.
However I want to make something clear about our marriage.. I will visit him for the first time and stay with him there for a bit. We will be together for some while before we actually get married. As I am Dutch, I will automatically have a visa for 6months. They will assume if you are genuinely married you would want to be together right away, yes? So why would you wait. We are NOT married yet.. I didn't understand what you meant with this sentence.

 

[Zeinab20]

Maybe I am missing something here?

The OP has not met her partner at all; The partner has been convicted of aggravated assault, and they plan to marry during the OP's first visit to Canada.
Aside of all the immigration issues, wouldn't it be wise to think about the reasons (or background to) why someone commits assault, BEFORE deciding on marrying them? Discussing this sort of stuff online is nothing like face to face conversation.

I know some people fall in love "on sight", and some fall in love online, however, it has got to be a good idea to "see how things develop" before getting into marriage. It could be that I am overly cautious, but something in this relationship (as described) doesn't feel right. I don't doubt that an IO will be all over this like a rash!


bobshynoswife is right, the actions as planned are very suspicious.

Baloo, thank you for your time reading my post.
Sometimes you just have to follow your heart, I can understand what you mean and I hear this a lot from people, my family tells me this a lot too! ut something in this relationship (as described) doesn't feel right Can I ask what you exactly mean with this?
Of course I am being realistic and it is a difficult situation that we are in unfortunately...
What does PO and IO means?

 

[Zeinab20]

Hi Zeinab20, I am also of the opinion that what bobshynoswife said in the quote below is a good idea, if not the best idea. Marrying on the first meeting (meaning your visit to Canada to see him for the first time) isn't recommendable, and submitting an application after ONE year isn't recommendable also. Baloo, another poster here, may be right. But I do not want to judge because I am not you and I don't know your life. Hence I'd like to give you some virtual hugs because I know immigration issues can cause a lot of stress and heartaches, what's more something as huge as a criminal offence. I wish you and your boyfriend all the best.

Thank you so much for your comment, at least it's a bit positiver. But I am just trying to do lots of research that's why I am here.

 

[Cdagal]

Ok...without trying to be negative, it feels like you are asking for opinions and rejecting what you do not wish to hear. The truth is that if you choose to marry on your first meeting, you will likely fall under what immigration considers marrying for the purpose of immigration or to gain priviledges in Canada by marriage. That will mean rejection. My husband and I met online as well, and married on our fourth visit together. The immigration officer found that to be suspicious, even though I included HUNDREDS of pages of proof that our relationship was real and lasting. We had been committed to each other for over 2 years when we married. Noone wishes anything but good things for you and your man, that is why they have taken the time to respond...many times the posters here told me things I did not want to hear based on their own experiences, but I am glad that I chose to listen.

 

[Zeinab20]

Ok...without trying to be negative, it feels like you are asking for opinions and rejecting what you do not wish to hear. The truth is that if you choose to marry on your first meeting, you will likely fall under what immigration considers marrying for the purpose of immigration or to gain priviledges in Canada by marriage. That will mean rejection. My husband and I met online as well, and married on our fourth visit together. The immigration officer found that to be suspicious, even though I included HUNDREDS of pages of proof that our relationship was real and lasting. We had been committed to each other for over 2 years when we married. Noone wishes anything but good things for you and your man, that is why they have taken the time to respond...many times the posters here told me things I did not want to hear based on their own experiences, but I am glad that I chose to listen.

Cdagal.. I do not ask for opinions, I just want to hear all the possible options. I hope you will understand this. And I am not rejecting things either, not at all.
for the purpose of immigration or to gain priviledges in Canada by marriage. Cdagal.. I have heard a lot of stories that appeal to this sentence.. eg people that met their partners from Canada online while they are from Africa or Asia and some take advantage of this knowing that there are a lot of privileges in Canada then their home country. But I do want to react to this sentence.. I am a Dutch citizen and the only reason that I really want to immigrate to Canada is because of my soul mate. I have all the securities and privileges here in the Netherlands. Cdagal, please believe me that I am not trying to read only the good stories.. I do lots of research too but I am quite young and English is not my native language so sometimes it is difficult to understand. All the experiences and advices are welcome.. it is just a depressing situation because my boyfriend his parole.