Sponsoring husband with criminal record

[charlotteanderson]

Hi, me and my husband currently both live in the UK and I am a Canadian citizen. I want to sponsor my husband for Canadian Permanent Residence as we are planning on moving to Canada. He has a criminal record which consists of only a spent conviction of Fraud which resulted in only 30 days of community service. Would I be allowed to sponsor him to come to Canada?

Many thanks.

 

[Ponga]

It all depends on how it translates to Canadian law. It will matter greatly if it's seen as just a summary conviction in Canada:
http://canadianlegal.org/calgary-fingerprinting/criminal-offence-penalty-chart/

Can you be more specific about the charge?


Normally, a person with an indictable conviction must wait 10 years AFTER the end of their sentence, to be deemed rehabilitated and thus allowed to enter Canada.

 

[charlotteanderson]

Hi, thanks for your reply. It was a fraud of £5000.

 

[Ponga]

I'm certainly not an expert, but that may be an issue since fraud over $5k in Canada is an indictable offence.

You'd be wise to at least discuss this with an experienced lawyer (if it has been less than 10 years since he completed his sentence), since many offer a free consultation.

Good luck!

 

[charlotteanderson]

Hi, I found a thing that might be possible and that's for my husband to apply for rehabilitation. I know that if he gets accepted for that rehabilitation then he can enter Canada but I was wondering whether he would still then be able to apply for Permanent Residence in Canada?

Thanks again.

 

[bartjones]

Fraud over $5000 will create a problem for him as it's punishable by up to 14 years imprisonment under Canadian law. If he completed his sentence more than 5 years ago, he can apply for criminal rehabilitation. Once rehabilitation is granted, his criminality issue will be resolved and he can be granted PR.

I agree with Ponga, consulting an experienced immigration lawyer would be advisable. He may not have an issue at all if the conviction is spent under British law. There was a recent thread on spent convictions here that suggested that a spent conviction is not a bar to PR. A good immigration lawyer will know the answer to that one. Good luck.

 

[scylla]

Hi, I found a thing that might be possible and that's for my husband to apply for rehabilitation. I know that if he gets accepted for that rehabilitation then he can enter Canada but I was wondering whether he would still then be able to apply for Permanent Residence in Canada?

Thanks again.

It depends when he complete his community service (you haven't provided us with any dates). If it hasn't been five years yet since he completed the community service then he does not qualify for rehab. Without rehab, he can't apply for PR.

So yes - rehab is needed to apply for PR (not just to enter Canada as a visitor).