Sponsor with a Criminal Record

[canadianwoman]

I would say it is 'yes' to the 'have you ever been charged' question. Just explain - it should be fine.

 

[Aquakitty]

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

Rehabilitation isn't relevant here because he is the sponsor.

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?

Having never used an immigration lawyer directly in my life, I don't really know. Mostly what I've seen them do is write legalise documents that I could have done myself and charge $5,000 for it.

I agree your situation is not nearly as risky, as you are the sponsor. It's a whole different story when it's the applicant with the crime history. As long as you are truthful, I don't see the issue with trying it yourself. You are given a chance to explain the circumstances of your crime, it's not like checking the box is an instant "you lose" button.

The wording leaves it open for an Officer's interpretation:

"...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 pardon was issued"

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.

The terminology is "Have you been CHARGED with an offence under an Act of Parliament punishable by a maximum term of imprisonment of at least 10 years?"

So you need to figure out what the actual charge was and what the potential punishment could be. This is where the terminology gets confusing. CIC actually means if there is any potential for this crime to have a 10 year sentence. Usually the law is worded like "[...] for a term not exceeding 10 years" etc.
If it's under 10 years, no need to check the box.

 

[Lady_Ashka]

Thanks so much for your answers! I didn't actually find a charge 'damage to property' to be a 10 year sentence charge, but i think we will explain anyway, just to be safe.

 

[canoelife]

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

Yes, with regards to the wording "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" I assume that it's necessary to show that at least five years has passed AND that you have been rehabilitated? Or is it that you just need to show five years has passed OR that you have been rehabilitated?

In either case, what does one need to do to prove rehabilitation?

In my case, I completed my community service order more than 10 years ago and have not committed any crimes or have been arrested for anything since then. I have also married since then, am expecting my 1st child early next year and have been employed the entire time from then until now with a well paying job. Would those factors be enough to be considered rehabilitated?

 

[canoelife]

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.

Yes, I'm greatly appreciative of the responses and helpful information being provided by the members here. It's been a comfort to me to know that my past transgression may not be the barrier to providing a better life for my family going forward that I thought it might be.

In your case, in my opinion with my limited knowledge of the application procedure, I don't think you need to mark yes on your application form. As I look at form IMM1344 "Application To Sponsor, Sponsorship Agreement and Undertaking", the only questions related to past criminality are:

13) Are you currently detained in jail, prison, penitentiary or reformatory?
14) Have you been convicted of a sexual offence or serious violent offence against anyone, or an offence causing bodily harm against someone who is or was related to you, or an attempt to commit such an offence?
18) Have you been charged with an offence under an Act of Parliament punishable by a maximum term of imprisonment of at least 10 years?

I don't think any of the above applies to your situation so you shouldn't need to check yes for any of them. Unless, there's another question or form that I have missed that is asking if you've ever been charged for anything.

Perhaps in a cover letter, you may want to mention the incident from 20 years ago and the outcome(as you have done above). I doubt that it would effect your spouse's ability to sponsor due to the nature of the crime and how long ago it was.

 

[canoelife]

Rehabilitation isn't relevant here because he is the sponsor.

I think it still may be relevant though perhaps not as critical as if I was the principal applicant. As per the actual rule posted by Rob_TO previously:

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.

So it seems that in the case of sponsors, proof of rehabilitation may still be required. The question is what does one need to do to prove rehabilitation?

Having never used an immigration lawyer directly in my life, I don't really know. Mostly what I've seen them do is write legalise documents that I could have done myself and charge $5,000 for it.

I agree your situation is not nearly as risky, as you are the sponsor. It's a whole different story when it's the applicant with the crime history. As long as you are truthful, I don't see the issue with trying it yourself. You are given a chance to explain the circumstances of your crime, it's not like checking the box is an instant "you lose" button.

Thanks very much. I'm definitely glad it's not an instant "you lose" button! It makes me feel a bit better about possibly doing the application and explaining my situation by myself first instead of using a lawyer

 

[No name]

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

What happened to your case.
I was arrested in 2013 for communicating for the purpose of prostitution but my charges were diverted and dropped. I have got my permanent residence as well. But now I have to sponsor my wife and i am so terrified of my case. Will it effect her immigration

 

[No name]

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

Hello
Were you able to successfully sponsor your spouse?
Pl

 

[sabalatif]

My husband had a fight with his brother in june 2019 n was sentenced to jail for 90 days and a probation period of one year till 3 september 2020 and it was written in court order that this order will be enforced till 2 years n it was intermittent sentence and with few conditions .all conditions were fulfilled .now we want to apply for spousal sponsorship application its been 4 years since 2019 with all details given above . can he sponsor me please let us know?