will my old criminal record stop me from sponsoring my wife??

[helpfortabby]

I would like to sponsor my wife to live in canada. We have one child who has canadian citizenship. The question that i have is back 14 years ago i was involved in a fight and now have a criminal record of assault. It was also a summary conviction... Can I sponsor my wife? if i try and they refuse me can I appeal and hope to win it through the appeal process?

Thank you

 

[scylla]

Did your fight involve a family member or someone you were in a relationship with (e.g. spouse, girlfriend)?

 

[helpfortabby]

No it wasn't..

 

[Alurra71]

Then it should not be an issue. I think the the things listed to assault being a barrier are in regards to a member of the family class only, which you have clarified that is not the case. You should be OK.\\

If you are denied sponsorship, then I would not appeal that case and I would try to fix whatever the reason for the denial was first and then reapply. The only time most will try to appeal is in the case that the applicant, in this case, your wife, were to be denied her PR visa.

 

[notsopatient]

You might want to try applying for a record suspension. It used to be called a pardon. you can download the forms from the Parole Board of Canada website.

If having a record prevents you from sponsorship (and I don't know that it does) then if you already have a suspension it might greatly increase your chances.

Good luck!

 

[helpfortabby]

My situation is that our daughter is 2.5 years old and that we want to be settled by the time school starts for her... if i need to get a record suspension it will add another year to it all...

if I'm denied sponsorship, can i use the Humanitarian and Compassionate Considerations form IMM 5283 in my wife's application? and what should i check with the question about returning the money or continue with the wifes application?

Thanks all for your input.. its much appreciated....

 

[Koifish76]

My situation is that our daughter is 2.5 years old and that we want to be settled by the time school starts for her... if i need to get a record suspension it will add another year to it all...

if I'm denied sponsorship, can i use the Humanitarian and Compassionate Considerations form IMM 5283 in my wife's application? and what should i check with the question about returning the money or continue with the wifes application?

Thanks all for your input.. its much appreciated....

Your child is canadian citizen, is your wife currently in Canada with you? You cannot appeal if you apply Inland.
I could be wrong. You might consider some legal advice, just to clarify that indeed your record is not one that could result in a denial.

 

[helpfortabby]

Your child is canadian citizen, is your wife currently in Canada with you? You cannot appeal if you apply Inland.
I could be wrong. You might consider some legal advice, just to clarify that indeed your record is not one that could result in a denial.

No my family is not in canada..

 

[Alurra71]

My situation is that our daughter is 2.5 years old and that we want to be settled by the time school starts for her... if i need to get a record suspension it will add another year to it all...

if I'm denied sponsorship, can i use the Humanitarian and Compassionate Considerations form IMM 5283 in my wife's application? and what should i check with the question about returning the money or continue with the wifes application?

Thanks all for your input.. its much appreciated....

Do not continue with your wifes application if you are not approved to sponsor, as it would fail in the end anyway without a sponsor. Have them return it and the funds. It will help you to determine what stopped your sponsorship, if that happens, and to get it straightened out.

Also, you can not include H & C in the beginning.

As discussed before as long as your offense is not against a family member it should have no effect on your ability to sponsor your wife successfully.

 

[helpfortabby]

Do not continue with your wifes application if you are not approved to sponsor, as it would fail in the end anyway without a sponsor. Have them return it and the funds. It will help you to determine what stopped your sponsorship, if that happens, and to get it straightened out.

Also, you can not include H & C in the beginning.

As discussed before as long as your offense is not against a family member it should have no effect on your ability to sponsor your wife successfully.

Ok. Thanks.. so if my sponsorship application is denied for the criminal record i can appeal yes? And then i can use the Humanitarian and Compassionate Considerations?

 

[Alurra71]

Ok. Thanks.. so if my sponsorship application is denied for the criminal record i can appeal yes? And then i can use the Humanitarian and Compassionate Considerations?

If it is denied for YOUR criminal record, and it's been quite a while since it happened, I would apply to get a 'pardon' so it will be removed from your record and then reapply for sponsorship. There is no point in wasting time trying to appeal just the sponsorship portion of your file. Why waste 2 or more years, waiting on an appeal just so your spouses' application can FINALLY get started, which would add roughly another 12+ months. When you file your wifes application, check the box that says to return application, not the one that says to continue processing, and then wait to see what happens. If you, as a sponsor are denied based on your criminal background, then I would find a way to clear that up and then apply to sponsor your wife again.

Getting her a PR visa based on a H & C grounds would likely be very hard for you to push for. One, because she and your child are in another country, presumably where they are not in harms way. What is precluding you from going to them? Why MUST they come to Canada? These are things they will look at if you head in the H & C direction.

I really feel, so long as you have been honest with your answers here, that you will not be denied sponsorship for your wife. Now, if your wife has a criminal history, she could be denied from her portion, but that is a different matter. If you are so very concerned about the possibility of your own denial then perhaps you should speak with an experienced immigration lawyer, not a consultant, but an actual honest to god lawyer that specializes in immigration. They would have the best answers for you.

 

[helpfortabby]

Hey thanks for your interest in this case for me... As for what we are going to do is send the application in and hope for the best. If in 60 days I'm denied. then we will just plan to do our best in thailand. We really just want the best for our daughter and make sure that she is settled by the time school starts... Canada is the best option for our family.But we will just have to do what we can. Canada doesn't give pardons any more. they now have suspended records. and the time line for it can take two years...

Thanks again Alurra

 

[needhimback]

Did your fight involve a family member or someone you were in a relationship with (e.g. spouse, girlfriend)?

Hi scylla

can one be affected to sponsor their spouse if there record shows withdrawn on the police report due to domestic asault.
but the RCMP report shows no charges at all ?????

 

[notsopatient]

Hi scylla

can one be affected to sponsor their spouse if there record shows withdrawn on the police report due to domestic asault.
but the RCMP report shows no charges at all ?????

If the charge is withdrawn that means that it was an allegation but there was no finding of guilt and therefore no criminal record exists which is why it isn't showing up on RCMP criminal records check. You should be ok

 

[needhimback]

If the charge is withdrawn that means that it was an allegation but there was no finding of guilt and therefore no criminal record exists which is why it isn't showing up on RCMP criminal records check. You should be ok

As always thanks for you reply.....I have a other questions for you - can I drop the question into your inbox