Please I need help with this. My husband had a conviction in the us in 2017 and was released in 2018. Spent 14months in detention. Offence was conspiracy to commit fraud. No money was involved. Please how possible is it bringing him from India under spousal sponsorship under humanitarian grounds. Please it’s urgent. Any advise will help. Thanks.
Sponsorship with a criminal record
- Thread starter Napdeeplydia
- Start date
Humanitarian grounds generally aren't considered.
Based on the length of the sentence, it sounds like he's most likely inadmissible to Canada. You would be best off to consult with a laywer.
Assuming he is inadmissible, he will need to wait until five years have passed since the completion of the sentence (i.e. 2023) and then apply for rehabilitation. Once rehabilitation is approved, you will be able to sponsor him for PR.
Agree with scylla. There are no humanitarian grounds, he is likely inadmissible and you should consult a lawyer.
I have contacted about three lawyers and that is the options they both gave me. I’m so confused how it works and his chances of getting it.
Do you meant that H&C is the option they gave you? If so, you can try this but you should be aware that the chances of success will be very low.
You would need to start by filing an outland spousal sponsorship application. If you are a Canadian citizen, you can do this while you are living outside of Canada. If you are a permanent resident, you will need to be living in Canada when you submit the application and you will have to continue living in Canada while the application is processed.
As part of the application, you would include a letter stating that you know your husband is inadmissible to Canada and doesn't qualify for spousal sponsorship, but that you are asking IRCC for humanitarian consideration and that they approve his application even though he is inadmissible. In this letter you would provide detailed information about his conviction and sentence, as well as provide the humanitarian reasons why he should be approved even though he is inadmissible.
You can certainly try this. Low chance it will be successful. More likely you will need to wait until 2023 when he qualifies for rehabilitation.
Canada generally doesn't give humanitarian considerations to criminals, especially since his crime was quite recent, so his chances are pretty close to nil.