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Sponsor with a criminal record

hrrstina

Newbie
Dec 26, 2020
5
1
You mention a charge of “assault firearms”, which is not really a precise Criminal Code offence. It sounds like the conviction was under s. 267 of the Criminal Code:

Assault with a weapon or causing bodily harm

267 Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years or is guilty of an offence punishable on summary conviction who, in committing an assault,

(a) carries, uses or threatens to use a weapon or an imitation thereof,
(b) causes bodily harm to the complainant, or
(c) chokes, suffocates or strangles the complainant.

https://laws-lois.justice.gc.ca/eng/acts/C-46/page-57.html#docCont

As you can see, the Crown has the choice of proceeding summarily or by indictment. In your case, given the sentence you describe, it would seem that the Crown proceeded summarily. Nevertheless, it would appear that immigration regards the nature of the offence as “violent”, since there was exposure to a maximum penalty of at least 10 years.

You say he was sentenced to “a year of house arrest and a year of community service”. That is not likely accurate, but I get the idea. The sentence would have been a “conditional sentence”, with conditions including “house arrest” or a curfew, usually covering the nighttime hours. There would not be a “year of community service”, but almost certainly a term that he serve a defined number of hours of community work service - frequently 50 hours or so - to be performed at the direction of a probation officer, usually within the first 6 months of the sentence.

The following 2 paragraphs are found on the CIC website, as archived material, and, in light of scylla's above post, must be taken as no longer reflective of current policies:

Sponsorship bar for violent crime

The bar on sponsorship for violent crime means that a potential sponsor convicted for committing or attempting to commit a violent offence punishable by a maximum term of imprisonment of at least 10 years against anyone is now barred from sponsoring a member of the family class to come to Canada. This regulatory change is similar to the current prohibition for convictions of a sexual nature.

Someone who has committed such a serious crime, regardless of who it was against, should not benefit from the privilege of sponsorship.

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.

All of this may be found here:

https://www.canada.ca/en/immigration-refugees-citizenship/news/archives/backgrounders-2011/violent-criminals-barred-sponsoring-members-their-family.html

Given that 5 years have passed since completion of sentence, you are probably okay. But, as others have suggested in the other tread you started on this same topic, an immigration attorney can likely give you more exact (but not guaranteed) information about how these things go in practice. That is largely because, immigration law and practice is pretty much wild west territory and the decision-makers answer to no one.

In any event, if scylla says it's not a problem, it's not a problem. Her post reveals that the serious violent offence "against anyone" is no longer considered and it must relate to a family member. I suppose the fact that the current sponsorship application form asks, at Question #14, about a violent offence "against anyone" demonstrates only a failure of CIC to update the form, to delete that language.
Thank you.
 
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Bilal721

Full Member
Dec 19, 2020
21
0
My ex wife and I both have restraining order clause in our court order against each other. I am a male and I have to sponsor my current wife from back home. I haven't been charged or convicted of any crime. Will this restraining order be a deal breaker?
 

Bilal721

Full Member
Dec 19, 2020
21
0
I have not been convicted of any assault or anything. this is something that we both are bounded by. I haven't been to jail or charged or court etc. I am not sure what a peace bond is.
 

MJSPARV

Hero Member
Sep 17, 2020
406
251
I have not been convicted of any assault or anything. this is something that we both are bounded by. I haven't been to jail or charged or court etc. I am not sure what a peace bond is.
You should probably consult an immigration attorney and also probably disclose the restraining order in your application somewhere, possibly in a letter of explanation. It's usually better to be upfront about anything that may seem questionable in your application instead of waiting for IRCC to find it out on their own and accuse you of misrepresentation
 

Stu_Leigh

Newbie
Apr 23, 2019
4
0
Hi. If my BF has a petty assault charge from his ex wife and it's been 5 years since he his probation ended can he sponsor me?

He never served jail. Just a one year probation and that ended more than 5 years ago
 
Feb 1, 2024
5
0
Hello everyone,


My husband, a Canadian citizen, is planning to apply for Spousal Sponsorship.

I currently have an open work permit and we are living together since July 2020. We just got married this month of December 2020 at the Church.

My husband was convicted to a crime last 2012, when he was 22 years old, with assault firearms. Luckily he didn't kill anybody when that happened, it wasn't related to any sexual assault, and it wasn't any of his family members or relatives involved.

He got a year of house arrest and a year of community service which ended last 2015. And that was his only criminal record.

On 2019 he managed to finish high school and got a scholarship/bursary for college. He took Journalism but he just dropped out last October 2020 due to stress.

Now he has part-time job at a warehouse but he is currently looking for a full time job.

I am working in a government hospital and I am supporting us since I have higher pay.


Please, I need a solid advice from you guys.
I am really anxious about our spousal application because of his criminal record and his employment status. I would die if Immigration ends up denying our application. I love my husband so much and I want to be with him for the rest of my life.
What’s the update ? I have similar case . Please let me know
 

scylla

VIP Member
Jun 8, 2010
95,878
22,134
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
My boyfriend is on govt. support as he is disabled is he qualfied to proceed with spousal sponsorship ?
What kind of government support is he on? Regular social assistance or disability assistance? Are you married or common law?