Spousal sponsorship

[CanadianJeepGuy]

So then the question becomes "is working without a licence as a bouncer an indictable offence in Canada?" I'd be surprised if it is, but one never knows. That's why I wasn't terribly comfortable with the application of the fraud statute before - it's possible, but it seems like a stretch.

I would think that the application of the criminal code would be contingent on the extent of breach of the code of conduct as established in the PSIS Act.
Qtanzgal's husband received a fine and lost his licence. That to me spells misdemeanor which means that the nature of the violation was not considered criminal but professionally inappropriate to the standards of the industry. I think its doubtful that CIC would consider this to be a disqualifying factor. They seem to be more concerned with crimes that are drug related or violent in nature.

 

[CanadianJeepGuy]

Penalties

Individuals

45. (1) Every individual convicted of an offence under this Act is liable to a fine of not more than $25,000, imprisonment for a term of not more than one year, or both. 2005, c. 34, s. 45 (1).

Finally found the section I was looking for. The Act refers to the PSIS Act.

 

[computergeek]

Penalties

Individuals

45. (1) Every individual convicted of an offence under this Act is liable to a fine of not more than $25,000, imprisonment for a term of not more than one year, or both. 2005, c. 34, s. 45 (1).

Finally found the section I was looking for. The Act refers to the PSIS Act.

This wouldn't qualify as serious criminality, as it is not punishable by 10 years.

 

[tuyen]

This wouldn't qualify as serious criminality, as it is not punishable by 10 years.

It doesn't need to be punishable by 10 years. CIC's standard is that any conviction that results in jail time of UP TO 10 years will make a person inadmissible to Canada for 5 years. So whether it's 6 months in jail or 8 years in jail, it still makes a person inadmissible for a minimum of five years if that same crime would result in any jail time in Canada.

 

[computergeek]

It doesn't need to be punishable by 10 years. CIC's standard is that any conviction that results in jail time of UP TO 10 years will make a person inadmissible to Canada for 5 years. So whether it's 6 months in jail or 8 years in jail, it still makes a person inadmissible for a minimum of five years if that same crime would result in any jail time in Canada.

The language here is prone to confuse. A single summary offence is not grounds for inadmissibility of a foreign national It requires at least two such offences to be deemed inadmissible - and that inadmissibility is deemed rehabilitated after 5 years have passed. A single indictable offence involves a 10 year determination of inadmissibility from Canada; it appears that two or more such offences would be deemed permanent inadmissibility (e.g., Conrad Black, who required a TRP to be allowed back into Canada).

The 10 year rule relates to convictions in Canada, not foreign convictions, but it is clearly listed.

ENF 2 "Evaluating Inadmissibility":

Convictions in Canada

This is the first group of the three category headings mentioned in Section 3.2 of this chapter; included are persons described in A36(1)(a) and A36(2)(a). These paragraphs affect persons convicted in Canada of offences under an Act of Parliament punishable:
• in the case of permanent residents and foreign nationals, by a maximum term of imprisonment of at least 10 years, or of an offence under an Act of Parliament for which a term of imprisonment of more than six months has been imposed;

or

in the case of a foreign national, by way of indictment, or of two offences under any Act of Parliament not arising out of a single occurrence

Convictions outside Canada

This is the second group of the three category headings mentioned in Section 3.2 of this chapter; included are persons described in A36(1)(b) and A36(2)(b) . These paragraphs affect persons who, an officer has reasonable grounds to believe, were convicted outside Canada of one or more offences.

The offence must be equivalent to an offence in Canada (for examples, see Appendix A), and:
• in the case of permanent residents and foreign nationals, be punishable under an Act of Parliament by a maximum term of imprisonment of at least 10 years; or
• in the case of a foreign national, constitute an indictable offence, or constitute two offences not arising out of a single occurrence under an Act of Parliament.

The matters referred to in paragraphs A36(1)(b) and A36(2)(b) do not constitute inadmissibility in respect of a person who, after the prescribed period, satisfies the CIC Minister that they have been rehabilitated or who is a member of a prescribed class that is deemed to have been rehabilitated [A36(3)(c); R17 and R18]. For Relief provisions, see also Section 13.

(emphasis added)

http://www.justicebc.ca/en/cjis/you/accused/understanding_charges/types_of_offences.html

The original situation involves what sounds like - at most - a summary offence, if it wouldn't normally be ajudicated as an administrative issue.

Further complicating this is that the term "summary offence" appears to be used for non-criminal matters in some cases (e.g., I found references to a speeding ticket being a summary offence in Nova Scotia, for example.)

 

[deshulina]

Hey guys jut a quick question,
For the past three days me and husband are considering the idea of sponsoring in-land simply because we can't afford to live separate and do it out-land.The expenses of us living separate and paying rent for two palaces is killing out income.So today I went on the official site and looked at every detail of sending document of a visiting visa, I did the apply online check up and I was surprised to see the new questions like : how the family member you are visiting is related to you ?, are you legally married? ... ect. I am Bulgarian so I do need a visa to enter Canada, do you think is worth the try to enter as a tourist and apply for sponsoring in-land.

 

[moazam ali]

Hi,
Its is a good information, But what I want to know is that if my partner case the file in CANADA then how much time will it take me to go there? Can any one tell me please.

 

[scylla]

Hi,
Its is a good information, But what I want to know is that if my partner case the file in CANADA then how much time will it take me to go there? Can any one tell me please.

Impossible to guess without knowing where you're from.

 

[cempjwi]

Hi,
Its is a good information, But what I want to know is that if my partner case the file in CANADA then how much time will it take me to go there? Can any one tell me please.

If the applicant (the person that is not Canadian) lives in Canada, the application can be submitted inland.
If the applicant (the person that is not Canadian) lives outside Canada, the application can only be submitted outland.

The process has two applications (submitted together): Sponsorship and Permanent Residency.

Here are the processing times for sponsorship (inland or outland) and inland permanent residency applications:
http://www.cic.gc.ca/english/information/times/perm-fc.asp

Here are the processing times for outland permanent residency applications per visa office:
http://www.cic.gc.ca/english/information/times/perm/fc-spouses.asp

For outland applications, depending on the Visa Office where the application is processed, it might take from 6 months to a bit over 2yrs to have the applcation approved.

 

[cempjwi]

Hey guys jut a quick question,
For the past three days me and husband are considering the idea of sponsoring in-land simply because we can't afford to live separate and do it out-land.The expenses of us living separate and paying rent for two palaces is killing out income.So today I went on the official site and looked at every detail of sending document of a visiting visa, I did the apply online check up and I was surprised to see the new questions like : how the family member you are visiting is related to you ?, are you legally married? ... ect. I am Bulgarian so I do need a visa to enter Canada, do you think is worth the try to enter as a tourist and apply for sponsoring in-land.

Applying inland is always worth the try, especially for citizens that do not require a visa to enter Canada. Being able to work after sponsorhip approval is quite helpful and a big advantage, but only selected lucky ones get to enjoy it.

From what I have read here and there, the chances of obtaining a tourist visa are somewhat lower when a person is married to a canadian citizen. In case you are denied for a tourist visa, I am not sure how that will affect the permanent residency application.

 

[deshulina]

Thank you so much for the quick response, I was hopping not to hear exactly this, but o well.Thank you for the time spend of reading are replaying to me !!

 

[clucaney22]

Hi there, help or information please..june 4,2012: application recieved, July 31,2012: spouse sponsorship approved and forwarded to visa office manila also medical result recieved, November 20, 2012: ECAS says there In-Process.....whats next? How long will it takes to have an update or result. Thanks in advance for the info....

 

[qtazngal]

Hi CanadianJeepGuy, Computergeek, Tuyen, Tamarinball, IvanP and Kevin

Just want to say thank you all for giving me hope. You all are wonderful Your discussions about my query was so indepth and well researched. Again thank you from the bottom of my heart.

I've decided that I will wait for the decision and hopefully it will go my way. From your discussions, I reckon that my husband's record can stand a chance. I cant thank you all enough.

Bless you all :-*

 

[tamarindball]

You're welcome. I hope it will work out in your favour. Just try to keep it positive as sometimes a lot of the things we worry about don't come to pass. Best wishes

 

[qtazngal]

You're welcome. I hope it will work out in your favour. Just try to keep it positive as sometimes a lot of the things we worry about don't come to pass. Best wishes

Hi Tamarinball

I will be positive. God willing, this will work for us, I justkeep on praying.
Anyway, I like your username Tamarindball, I like tamarind especially when they are ripe and dipped in sugar or salt or both if they are sour yummy.

Thanks