Sponsor with a Criminal Record

[billinky]

Hello,
I am in the process of sponsoring a spouse.
I am a Canadian citizen with a criminal record.
When I fill out the sponsor application form I do fine until I come to the question about having a record.
The question asks If you have been charged with an offence by an act of parliament that can have a sentence of "atleast" 10 years. When I answer this question the way it is worded I would qualify as a Sponsor because my charges would have been for only 5 years max.
I talked to a Immigration Lawyer and was told to just answer as it requests.
I phoned the Immigration Department and they suggested that I attach a note indicating the 5 year charge. Not for violence or sexual assualt.
I am not in jail and was on probation only.
Should I add this note or should I answer the question as requested.
I am not hiding anything but with a PCC check done on me it will show up.

Thanks.

 

[rgvinson777]

Just tell the truth. They will do an RCMP check on you anyway. If you try to conceal anything from them, you will be rejected for misrepresentation. You will do well to acquire a full copy of any court documents pertaining to your case and send them in with your application. They will want the court docket, the charge, the sentence, including any fines and proof that you completed the sentence including the payment of fines. Plus whatever records are available regarding your probation. From what I have read on the CIC website, a police record such as yours does not disqualify you for sponsoring. Attach a cover letter to the court documents (listing the section or question on the application that it is pertaining to.) so the IO will know what he/she is looking at.

Best Wishes!!!

 

[rgvinson777]

One more thing... Dont leave any questions blank. If you don't know how to answer the question, just do your best and explain your answer on the cover letter to your criminal record.

 

[DutchMan]

My sponsor has a criminal record. I had to answer the question you are referring to with no, but I added a copy of her criminal record. I clarified it with a letter saying that although this information is not specifically asked, I do not want to withhold important information.
She was approved to sponsor me.

Hoping that answers your question.

 

[billinky]

Hello,
Thankyou for the reply to my questions in regards to me not qualifying because of my record then why would I even fill out the forms and leave "Blanks" If it would be rejected.

Also could you please tell me what kind of criminal charges your sponsor had that were not a cause for a application rejection?

Thanks again.

 

[rgvinson777]

Please forgive me. For some reason I was thinking that the criminal record belonged to the pr applicant. Hmmm! I don't know all about the requirements for sponsors regarding criminal records but I have read on the CIC website that you just can't sponsor while you are in prison. Since you are not in prison it may be that your record doesnt matter. But, I am not sure. Call an immigration lawyer before you submit your application. You may be thrilled to hear what he/she has to say. There's hope!!!!! If they are asking for a crime with a maximum of ten years......hmmmm, you don't have one of those do you? If I were you, I would answer the question NO! However, you might consider getting the full record of your crime and all of the court documents associated with it, (including proof that your sentence and fines have been completely paid.) Attach a note with the documents stating that you weren't certain on how to answer the particular question and that you wanted to be forthcoming with regard to your past. The RCMP background check is going to reveal the felony so you might as well be the first to disclose the information to them. Sorry about the misunderstanding.

Best wishes!!!

 

[jambaloni]

This is interesting. There is not a clear understanding about the criminal record of the sponsor. It's clear that sexual or violent crimes against a family member are bars to sponsorship but the guide and manual is not exactly clear on criminal records in general and its effect on the application. It sounds to me that it's decided on a case by case basis.

I understand they do RCMP checks on the PR applicant but do they also automatically do one on all sponsors? If so, then they needn't ask the questions about criminal charges and convictions since they're going to check them anyway and decide on that basis.

I plan to see an immigration lawyer about this in the new year so I will post back what I find out. It would be good if anyone else has information on this, too.

Cheers.

 

[Minik]

Do you have news? could you sponsor your spouse? if so, please let me know, im in the same situation, and i need to know asap.

 

[breanne31]

Hi there

I talked to Immigration lawyer, and as long as nothing major voilence or sexual, or to family members, then they should be ok with application.

I am putting mine through soon, going to Mexico to get married and then filling my papers, but I think I might go through immigration lawyer as they know what they are doing and chances make it faster.

Thanks

Breanne Hamilton

 

[Richardram]

Hi there! Just wanna know if I still be able to renew my work permit if I had a criminal record? (DUI)
And to apply for Permanent resident?
Could anybody give me some advise? Plsss.... I am so bothered, No peace of mind.

Thanks. God bless.

 

[scylla]

Hi there! Just wanna know if I still be able to renew my work permit if I had a criminal record? (DUI)
And to apply for Permanent resident?
Could anybody give me some advise? Plsss.... I am so bothered, No peace of mind.

Thanks. God bless.

No - you can't. DUI makes you inadmissible to Canada for 5 years after you complete your sentence.

 

[Missrebel801]

This is interesting. There is not a clear understanding about the criminal record of the sponsor. It's clear that sexual or violent crimes against a family member are bars to sponsorship but the guide and manual is not exactly clear on criminal records in general and its effect on the application. It sounds to me that it's decided on a case by case basis.

I understand they do RCMP checks on the PR applicant but do they also automatically do one on all sponsors? If so, then they needn't ask the questions about criminal charges and convictions since they're going to check them anyway and decide on that basis.

I plan to see an immigration lawyer about this in the new year so I will post back what I find out. It would be good if anyone else has information on this, too.

Cheers.

Hi there, I know this thread is very old but Im hoping you still receive this.
Can I ask what happened with this situation?
I am now facing the frustration and confusion myself. I am in Canada sponsoring my husband. I do have a criminal record but my sitiation is weird. I was charged in 1999 and not convicted until 2006. Long story. But the one charge that I was convicted on , im not sure if it carried a max 10 yr sentence. I only received 1 years probabtion. but again, the situation was a weird one. I know i was charged with an indictable offense which some people are telling me is what is considered as a max 10year but i just dont know. due to the nature of my situation its hard for me to get all court documents etc. I just dont know what to do about this question. I have no idea if my charge was max 10 years and no idea of the 3 my situation caused me, which one was the indictable offence. Can i ask how u proceeded and what happened

 

[Missrebel801]

Do you have news? could you sponsor your spouse? if so, please let me know, im in the same situation, and i need to know asap.

Also looking for answers on this. Can u help

 

[Wahegurudeol2499]

I am a student and i am on probation because of the crime convicted...i just want to extend my study permit as iam enrolled in spp college with regular studies ..what are the chances that my visa will be extended?

 

[Missrebel801]

Also looking for answers on this. Can u help

hi there. I still don't know and may not for some time. I sent application originally in March but it was returned to me. Sent it back in and just noticed today that they updated ecas to received and processing application ( didn't get AOR email so not sure what that means. we were able to check ecas cuz we already had uci number from hubby s previous permit in work program. we have quite a few months to go before we find out if I'm ok to sponsor. although my charges are not of a violent nature and over 10 years old so my fingers are crossed that I will be ok