what to sponsor my wife but i have a criminal record

[mightymoor]

ok here is the story I am married to my wife who is from Spain, we met 3 years years ago, I want to sponsor her but I am afraid of my criminal record that I will get denied. The charges of assault x2 was in 2004 I finish my probation in 2008 I didn't go to jail and the people involved were not related to me in any form I even have my pardon papers on hold until 2018 because that's when I am eligible for it the pardon company said I was eligible then said I have to wait longer other than that my pardon papers are good and will get granted in 2018. Since the charges I have been good and productive, I open my own business and sponsor into a youth boxing program. we have lived common law for about 2 years and married for 1 year she is on my benefits and is a major part in my sons life.
We are planning to apply when she gets back from Spain I have a lawyer who said he can do it but just need to build a strong case and show that the relationship is real and a letter explain what happen in 2004.
what do you guys think? bad or good I need to make this work.

 

[rhcohen2014]

ok here is the story I am married to my wife who is from Spain, we met 3 years years ago, I want to sponsor her but I am afraid of my criminal record that I will get denied. The charges of assault x2 was in 2004 I finish my probation in 2008 I didn't go to jail and the people involved were not related to me in any form I even have my pardon papers on hold until 2018 because that's when I am eligible for it the pardon company said I was eligible then said I have to wait longer other than that my pardon papers are good and will get granted in 2018. Since the charges I have been good and productive, I open my own business and sponsor into a youth boxing program. we have lived common law for about 2 years and married for 1 year she is on my benefits and is a major part in my sons life.
We are planning to apply when she gets back from Spain I have a lawyer who said he can do it but just need to build a strong case and show that the relationship is real and a letter explain what happen in 2004.
what do you guys think? bad or good I need to make this work.

it is specified in the sponsorship eligibility that people can't sponsor if they assaulted family members, so if family members weren't involved, you are not currently in jail, and have not been convicted as a sexual offender, i would think you are eligible to be a sponsor.

 

[mightymoor]

I know I am ok but I went to two lawyer before getting referred too my current one but the two previous one both I need a pardon first the just put a doubt in my brain. but thanks and do you get a work permit once you get approve?

 

[rhcohen2014]

I know I am ok but I went to two lawyer before getting referred too my current one but the two previous one both I need a pardon first the just put a doubt in my brain. but thanks and do you get a work permit once you get approve?

sounds to me, the lawyers wanted to try to get more money out of you, or they aren't up to date on the immigration process for canada, though perhaps their suggestion can be legit. i would suggest searching through other threads, because i know there have been people posting about this before.

only inland applicants are eligible for open work permits. OWP are not approved until after stage 1 approval, which can take about 9 months. it is generally suggested to attach the OWP application to the PR application, so that it saves processing time. outland applicants can not apply for an open work permit, and can only be in canada as a visitor while the application is in process.

something to consider is outland generally takes less time than inland, and deciding what is best for your situation depends on your specific needs. most would suggest people from visa exempt countries to apply outland (even if the applicant is in canada as a visitor at the time the application is sent) because generally they can land as a PR in about the same amount of time it takes for inland stage 1 approval. I am not sure if Spain is a visa exempt country, so my point may not even apply to your situation.

 

[mightymoor]

yes spain is one of those countries, thanks for the advise

 

[commonlawsponsor]

Approving you as a sponsor is the first step. So if you apply outland, you will find out if your criminal history prevents you from sponsoring your spouse in about a month. This part of the application costs $75 and if you aren't approved as a sponsor you can get the rest of the application fee returned to you.

You might want to consider submitting the application by yourself without a lawyer. Then if there is a problem with you being a sponsor, then you can contact a lawyer. You will only be out $75 and about a month.

 

[notsopatient]

ok here is the story I am married to my wife who is from Spain, we met 3 years years ago, I want to sponsor her but I am afraid of my criminal record that I will get denied. The charges of assault x2 was in 2004 I finish my probation in 2008 I didn't go to jail and the people involved were not related to me in any form I even have my pardon papers on hold until 2018 because that's when I am eligible for it the pardon company said I was eligible then said I have to wait longer other than that my pardon papers are good and will get granted in 2018.

Just for your own info:

After completing all of your sentences, you must have completed a waiting period:

5 years for a summary offence (or a service offence under the National Defence Act).
10 years for an indictable offence (or a service offence under the National Defence Act for which you were fined more than $5,000, detained or imprisoned for more than 6 months).

You might want to check with the courts to be sure that they proceeded by indictment rather than summarily. If you go in and fill out a request they will be able to tell you what type of process was followed. Normally when the crown proceeds by indictment it is a serious enough charge to warrant a jail term if you are found or plead guilty. The fact that you didn't get a jail term makes me wonder if the charge was actually indictable rather than summary. The people at the pardon companies don't always know what they are doing so you might want to do your own homework on this one.

Word of advice, apply on your own and save yourself a bundle of money. It isn't any more complicated than a PR application!

This website gives you all the info you need

http://pbc-clcc.gc.ca/prdons/pardoninstr-eng.shtml

Good Luck!

 

[Kesha]

any updates on this case please?