Spouse sponsorship with past criminal record

[Polidang]

I need help regarding my husband, he got convicted and got probation of illegal possession of fire arms. It happenned 2006 and probation/sentence ends 2008. 6 yrs had passed. What process should I do prior to his sponsorship? Is he admissible?

 

[Carlaganda23]

I need help regarding my husband, he got convicted and got probation of illegal possession of fire arms. It happenned 2006 and probation/sentence ends 2008. 6 yrs had passed. What process should I do prior to his sponsorship? Is he admissible?

If he's in Probation it should be sealed after 2 yrs....Call the Police Department who deals with his case and they should have closed and sealed it.

P.S Probation means ConditionalDischarge/Discharge it is far different from Convicted...

Is he the Sponsor?

 

[bartjones]

I need help regarding my husband, he got convicted and got probation of illegal possession of fire arms. It happenned 2006 and probation/sentence ends 2008. 6 yrs had passed. What process should I do prior to his sponsorship? Is he admissible?

I'm assuming your husband is the principal applicant and you are the sponsor. It's a little difficult to answer your question accurately since criminality issues are always complicated. If he was "convicted" of the offence of Illegal possession of fire arms, as you state in your post, then he would be inadmissible to Canada. Illegal possession of fire arms is a criminal offence here in Canada (Criminal Code of Canada s. 91) so he can't enter Canada on any visa (except a Temporary Resident Permit). It doesn't matter if the record of his case has been 'sealed' or not.

The good news is there are probably ways for him to overcome his inadmissibility. Since six years have passed since he completed his probation he's probably eligible to apply for Criminal Rehabilitation. You can get the forms here; http://www.cic.gc.ca/english/information/applications/rehabil.asp.

You can submit the Criminal Rehabilitation separately or with your application for PR. Visa offices can take up to a year to process Criminal Rehabilitation apps. They seem to be very low priority items for CIC.

Just out of curiosity, is your husband American? If he is, and you can get him to a Canadian border crossing, you can file the application there and it will be processed much faster than it would be if you send it to a visa office.

 

[Polidang]

Thanks for your immediate response. I am the sponsor. Will that affect my permanent residency in the future? I am scared that I might not get a citizenship because of that?

 

[bartjones]

Thanks for your immediate response. I am the sponsor. Will that affect my permanent residency in the future? I am scared that I might not get a citizenship because of that?

I'm no expert on citizenship questions but I don't think it will have any effect on you. It's his offence, not yours.