Sponsor with a Criminal Record

[canoelife]

Hi everyone

I am a Canadian citizen living outside of Canada and am preparing to apply for sponsorship of my spouse to immigrate to Canada and would like to gather opinions on my eligibility as a sponsor as I have a previous conviction.

The incident occurred more than 10 years ago outside of Canada. Long story short, I did a really stupid thing and have regretted it every day for more than 10 years. The sentence handed down was probation with 160 hours of community service needing to be performed. The community service was completed in full and there has been no other arrests, convictions or any other sort of illegal conduct since then. It was the one and only incident of criminality in my life as I had no criminal record prior to this either in Canada or the country I live in currently.

The reason my situation may be more borderline than others is that the mistake I made was a case of voyeurism(not on a family member) using a camera.
I believe this will require me to check "yes" for the question "Have you been convicted of a sexual offence..."

Do you think this incident will make me ineligible to be a sponsor? I know that people with criminal pasts can be deemed rehabilitated if it was 1 incident more than 10 years ago but I believe this is for applicants applying for permanent residency. I don't know how this applies to sponsors. If they consider it more or less seriously. Whether enough time has elapsed or how one can demonstrate that they are rehabilitated.

Have tried researching on this but haven't gotten any firm conclusions on the matter. Most likely I would speak with an immigration lawyer with some experience in the matter to help prepare and submit my spousal sponsorship application but would appreciate any feedback in the meantime.

Thanks

 

[Ponga]

Who is not eligible to sponsor

You may not be eligible to be a sponsor if you:

did not meet the terms of a sponsorship agreement in the past,
did not pay alimony or child support even though a court ordered it,
get social assistance for reasons other than being disabled,
were convicted of
an offence of a sexual nature,
a violent crime,
an offence against a relative that resulted in bodily harm or
an attempt or threat to commit any such offences, depending on the details of the case, such as
the type of offence,
how long ago it occurred and
whether a record suspension was issued (see Sponsorship bar for violent crime below),
were sponsored as a spouse, common-law or conjugal partner in the past and became a permanent resident of Canada less than five years ago (see Five-year sponsorship bar below)
did not pay back an immigration loan, made late payments or missed payments,
are in prison or
have declared bankruptcy which has yet to be discharged.

Other things not on this list may stop you from being able to sponsor a relative.



I don't know how CIC will `view' this, but it certainly wouldn't hurt to consult with an experienced lawyer.

 

[Rob_TO]

I think you are fine:

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.

Of course it's best to confirm with an immigration lawyer.

 

[sawadee-eh]

I'm thinking that the 5 year thing relates to criminality OTHER than what was listed in bold above. Don;t know for sure though.

 

[Rob_TO]

I'm thinking that the 5 year thing relates to criminality OTHER than what was listed in bold above. Don;t know for sure though.

No it has to do with the bolded crimes as well. Here is the actual rules: http://www.cic.gc.ca/english/resources/manuals/ip/ip02-eng.pdf
5.28. Bars to sponsorship

They are convicted of a sexual
offence under the Criminal
Code [against anyone];

Sponsors or co-signers convicted of either of these offences
where five years have not passed since the completion of the
sentence imposed, cannot sponsor unless:
• for convictions in Canada, they have been pardoned or
finally acquitted;
• for convictions outside 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 the purposes of calculating the five-year period above, a
sentence includes probation, suspended sentences and
intermittent sentences. However, conditional discharges and
absolute discharges should not be considered for the purposes
of these provisions of IRPA.

 

[Aquakitty]

Also, mind the wording. It says "...MAY not be eligible...", so it's not definitive.

As for if you should mark the "sexual" crime box, I don't know. I think you will have to at least consult a lawyer on the matter, or find someone who was in a similar situation.

The problem with lawyers though, is you don't know if what they are telling you is true or just a worst-case scenario to scare you into purchasing their services.

If you look on page 62 Appendix E it gives some examples of offences.

Edit: Just to update because the site timed out on me, I assume your crime would be "voyeurism" which is 162 in the Criminal Code, and Appendix E skips over that code.

 

[canoelife]

No it has to do with the bolded crimes as well. Here is the actual rules:
5.28. Bars to sponsorship

They are convicted of a sexual
offence under the Criminal
Code [against anyone];

Sponsors or co-signers convicted of either of these offences
where five years have not passed since the completion of the
sentence imposed, cannot sponsor unless:
• for convictions in Canada, they have been pardoned or
finally acquitted;
• for convictions outside 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 the purposes of calculating the five-year period above, a
sentence includes probation, suspended sentences and
intermittent sentences. However, conditional discharges and
absolute discharges should not be considered for the purposes
of these provisions of IRPA.

Thanks so much for the link to the actual rules. It does seem that based on the amount of time that has passed(more than 10 years), I wouldn't be automatically ineligible for sponsorship of my spouse. That's definitely a great relief to know at least initially.

 

[canoelife]

Also, mind the wording. It says "...MAY not be eligible...", so it's not definitive.

As for if you should mark the "sexual" crime box, I don't know. I think you will have to at least consult a lawyer on the matter, or find someone who was in a similar situation.

The problem with lawyers though, is you don't know if what they are telling you is true or just a worst-case scenario to scare you into purchasing their services.

If you look on page 62 Appendix E it gives some examples of offences.

Edit: Just to update because the site timed out on me, I assume your crime would be "voyeurism" which is 162 in the Criminal Code, and Appendix E skips over that code.

Yes, my initial thinking was that I should submit the spousal sponsorship application and application for PR residency for my spouse through an immigration lawyer as they would have the most knowledge about how my circumstances would be viewed by Immigration Canada and the visa officer handling my file and would be able to give advice or recommendations on how best to submit the application and explain my situation.

Do you think it's worth the money to do so? From what I've seen, immigration lawyer fees run anywhere from $2,000 up to $10,000 depending on the complexity of the case and the experience/reputation of the law firm retained.

If I submit the application on my own first and for whatever reason am rejected as a sponsor, does it make it more difficult if you try to apply again the next time through an immigration lawyer? Ie. Does immigration consider any previous applications you have made when judging your current application? If they don't, then it seems it might be worthwhile to at least try on my own first and then retain the services of an immigration lawyer only if unsuccessful.

 

[canadianwoman]

I would just consult an immigration lawyer from the beginning. Yes, you could try doing it yourself. If it is rejected because of your criminal past, then a second sponsorship attempt using a lawyer probably wouldn't be looked at unfavourably.

 

[Aquakitty]

Yes, my initial thinking was that I should submit the spousal sponsorship application and application for PR residency for my spouse through an immigration lawyer as they would have the most knowledge about how my circumstances would be viewed by Immigration Canada and the visa officer handling my file and would be able to give advice or recommendations on how best to submit the application and explain my situation.

Do you think it's worth the money to do so? From what I've seen, immigration lawyer fees run anywhere from $2,000 up to $10,000 depending on the complexity of the case and the experience/reputation of the law firm retained.

If I submit the application on my own first and for whatever reason am rejected as a sponsor, does it make it more difficult if you try to apply again the next time through an immigration lawyer? Ie. Does immigration consider any previous applications you have made when judging your current application? If they don't, then it seems it might be worthwhile to at least try on my own first and then retain the services of an immigration lawyer only if unsuccessful.

If you are rejected, you need to completely address the issues as to why you were rejected. They will of course keep the data relating to your former application, so you can't just undo it.

It is good though, that the Appendix E skips over that particular crime. As long as you didn't "voyeurise" a child, I think you are OK.

My opinion, as 100% NOT a lawyer, is I'd check the box and use the space to explain what happened, all the details of the crime/punishment etc. and of course the police check.

I don't see anyway around checking the box since that offence is listed under sexual crimes in the Criminal Code. Even if you had it wiped from your record, you were still convicted of it. But then I've read some appeals where they debate if a pardon/record expungement actually means the crime never happened.

 

[canoelife]

I would just consult an immigration lawyer from the beginning. Yes, you could try doing it yourself. If it is rejected because of your criminal past, then a second sponsorship attempt using a lawyer probably wouldn't be looked at unfavourably.

Thanks. My basic wonder/concern is essentially what Aquakitty commented earlier "The problem with lawyers though, is you don't know if what they are telling you is true or just a worst-case scenario to scare you into purchasing their services"

It seems likely that whomever I consulted would assure me that it's in my best interests to use their services regardless of whether I truly needed to or not.

If a 2nd application using a lawyer wouldn't be looked at unfavourably, then it seems to make sense to try doing it myself first. Best case scenario is I'm approved and I save the $2K-$10K lawyer fees. Worst case scenario, the application is rejected and I would only be giving up the initial Cdn$75 sponsor fee. If this happens(depending on the reason for rejection and how easily solvable it is), I could reapply a 2nd time but this time using an immigration lawyer.

 

[canoelife]

If you are rejected, you need to completely address the issues as to why you were rejected. They will of course keep the data relating to your former application, so you can't just undo it.

It is good though, that the Appendix E skips over that particular crime. As long as you didn't "voyeurise" a child, I think you are OK.

My opinion, as 100% NOT a lawyer, is I'd check the box and use the space to explain what happened, all the details of the crime/punishment etc. and of course the police check.

I don't see anyway around checking the box since that offence is listed under sexual crimes in the Criminal Code. Even if you had it wiped from your record, you were still convicted of it. But then I've read some appeals where they debate if a pardon/record expungement actually means the crime never happened.

Thanks Aquakitty. Yes, the incident involved an adult, not a child. When I do apply, I would do as you mentioned and check the box and use the space or another sheet of paper to explain what happened.

One of the rationales I would have for using an immigration lawyer is that I believe some/most of them prepare detailed written, legal arguments/cover letters to accompany the client's Canada Immigration Application package. I assume that these law firms would know what verbiage to use in these cover letters that would properly explain each client's situation(particularly one with a criminal past) and show them in the best possible light for acceptance to the Visa officer. Is that a fair assumption?

 

[Nyhiraba]

I am thinking more about "proof of rehabilitation" and what that means for you.

 

[Sous02]

Thanks Aquakitty. Yes, the incident involved an adult, not a child. When I do apply, I would do as you mentioned and check the box and use the space or another sheet of paper to explain what happened.

One of the rationales I would have for using an immigration lawyer is that I believe some/most of them prepare detailed written, legal arguments/cover letters to accompany the client's Canada Immigration Application package. I assume that these law firms would know what verbiage to use in these cover letters that would properly explain each client's situation(particularly one with a criminal past) and show them in the best possible light for acceptance to the Visa officer. Is that a fair assumption?

That would be the only reason to use one.

 

[Lady_Ashka]

No it has to do with the bolded crimes as well. Here is the actual rules: http://www.cic.gc.ca/english/resources/manuals/ip/ip02-eng.pdf
5.28. Bars to sponsorship

They are convicted of a sexual
offence under the Criminal
Code [against anyone];

Sponsors or co-signers convicted of either of these offences
where five years have not passed since the completion of the
sentence imposed, cannot sponsor unless:
• for convictions in Canada, they have been pardoned or
finally acquitted;
• for convictions outside 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 the purposes of calculating the five-year period above, a
sentence includes probation, suspended sentences and
intermittent sentences. However, conditional discharges and
absolute discharges should not be considered for the purposes
of these provisions of IRPA.

This is a great thread, canoelife - looks like you have good help here.

I thought maybe I'll ask as well, then.

So may I ask, what do you think of the following (and everyone else too, what do you think):

My common law husband (my sponsor) was arrested once with a group of activists sometime in the 90s, almost 20 years ago, for planting some flowers (!) on provincial property (I think it was a garden in Queen's Park next to the ontario government building) - they were charged with causing serious damage to property (but I think it was under $5000) and for 2 years had an order not to enter Queen's Park (in Toronto), until their trial. However, on the day of the trial the crown withdrew their charges and they never actually stood trial, so were also never convicted. He also has his record cleaned about 10 years ago.

Does that count as a 'yes' to the 'have you ever been charged' sponsorship question? should he say 'yes' but then explain like I did above? Would that pose a problem for him being my sponsor? I asked about this before, but I am still unclear as to which answer, yes or no, to tick on the form. Thanks for any tips on this.