Spouse sponsorship question

[michaelmichael]

This is a difficult and embarrassing question to ask, and I haven't been able to get a clear answer anywhere. Hopefully you can help here.

My wife is form France. We married last summer and have been together for two years. I'm a born Canadian citizen. In 2001 I was charged and eventually convicted in 2006 (after years of appeals and fighting) of sexual assault. I went to jail, finished parole, and went on to complete two university degrees and establish myself as an outstanding citizen. I've never had a problem with the police since. I wasn't actually guilty of the offence I was charged with, but that is irrelevant now. I am wanting to see if it will be possible to sponsor my wife, or will the charge prevent that?

Thanks for you assistance in this matter.

Michael & Alice

 

[rhcohen2014]

was the offense against a family member? if so, then that can be an issue... otherwise, i don't think it matters. hopefully someone else can/will confirm. also, the sponsor questionnaire is designed to figure this out. it says "if" any of the follow are true, then you are not eligible to sponsor a spouse. i would recommend looking at the paperwork to get an idea of what disqualifies a person as a sponsor.

 

[scylla]

Actually if it's sexual assault, it doesn't have to be against a family member - it's against anyone. So this conviction could very well be a problem and possibly prevent sponsorship. See:

http://www.cic.gc.ca/english/resources/manuals/bulletins/2011/ob361.asp

I would talk to a lawyer before you file any application to sponsor.

 

[RajaJi]

Offenses of Sexual nature are taken very seriously and CIC is very likely to refuse sponsorship by people convicted for such offenses. Consult a Good Lawyer.


You may not be eligible to be a sponsor if you:

-did not meet the terms of a sponsorship agreement in the past,
-did not pay alimony or child support even though a court ordered it,
-get government financial help for reasons other than being disabled,

were convicted of
-an offence of a sexual nature,
-a violent crime,
-an offence against a relative that resulted in bodily harm or
-an attempt or threat to commit any such offences, depending on the detailss of the case, such as
--the type of offence,
--how long ago it occurred and
--whether a record suspension was issued (see Sponsorship bar for violent crime below),

-were sponsored as a spouse, common-law or conjugal partner in the past and became a permanent resident of Canada less than five years ago (see Five-year sponsorship bar below)
-did not pay back an immigration loan, made late payments or missed payments,
-are in prison or
-have declared bankruptcy and have not been released from it yet.
-Other things not on this list may stop you from being able to sponsor a relative.

...

...

Sponsorship bar for violent crime

The sponsorship bar stops people who have been convicted of certain crimes from sponsoring a family member.

If you have been convicted of a crime that caused bodily harm to any of the relatives below, you cannot sponsor anyone under the Family Class.

Note:
-“Partner” includes common-law and conjugal partners.
-Relatives not listed here may still fall under this category. If you are not sure, check the full list of rules or contact the office processing your application.
-Relatives the sponsorship bar can apply to:
-your current or ex-spouse/partner and/or their children,
-your children,
-your parent/grandparent, child/grandchild, sibling, niece/nephew, aunt/uncle, or cousin, or
-the current or ex-spouse/partner and children of the above
-the parent/grandparent, child/grandchild, sibling, niece/nephew, aunt/uncle, or cousin of your current or ex-spouse/partner or children, or
-the current or ex-spouse/partner and children of any of the above
-your child's spouse, partner or children,
-your spouse's, partner's or child's ex-spouse or ex-partner and children,
-your partner's parent/grandparent, child/grandchild, sibling, niece/nephew, aunt/uncle, or cousin, or
-the current or ex-spouse/partner (and their children)of any of the above,
-a foster child who is or was cared for by you,
-your current or ex-spouse/partner or their children,
-your parent/grandparent, child/grandchild, sibling, aunt/uncle or cousin, or
-the current or ex-spouse/partner (and their children) of any of the above, or
-your current or ex-boyfriend/girlfriend, their spouse or common-law partner, and their dependent children.

Source: http://www.cic.gc.ca/english/immigrate/sponsor/spouse-apply-who.asp

 

[RajaJi]

The bar for those convicted of an offence of a sexual nature and the exceptions under subsections 133(2) and 133(3) will still apply. Subsection 133(2) allows sponsorship to proceed when the conviction occurred in Canada and the individual has received a pardon, has been acquitted or where five years have elapsed since the completion of the imposed sentence. Subsection 133(3) allows sponsorship to proceed when the conviction occurred outside Canada and the individual has been acquitted, or where five years have elapsed since the completion of the imposed sentence, and the sponsor has demonstrated that they are rehabilitated.

Reading above extract from the Link posted by scylla, depending on the completion of imposed sentence, you may be able to sponsor.

 

[michaelmichael]

"where five years have elapsed since the completion of the imposed sentence"

It wasn't against a family member, and this seems pretty clear. Five years has passed so there shouldn't be an issue? Anyone have any reason to believe otherwise?