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Author Topic: Criminal record  (Read 868 times)
maria54321
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« on: July 17, 2009, 09:41:04 pm »

Criminal record
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PMM
VIP Member
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Posts: 13201
Ratings: +471

« Reply #1 on: July 17, 2009, 09:53:21 pm »

Hi

Hello,

My husband and I got married last year, we are thinking to apply for PR asap but the problem is that he has a criminal record. His ex common law accused him of *censored word*ual offense and he went to jail for almost 2 years and was released in 2006.

My question is... Can we still apply for PR or what can we do?
My TR will expire on November 2009.

Thank you very much.

He is not eligible to sponsor

You are ineligible to sponsor if:
• you are in prison;
• you are an undischarged bankrupt;
• you are in receipt of social assistance for a reason other than disability;
you were convicted of a sexual offence or an offence against the person with respect to
- one of your family members or relatives,

- one of your spouse's or common-law partner's family members or relatives, or
- your conjugal partner or one of your conjugal partner's family members or relatives,
unless you were granted a pardon or five years have passed after the expiration of the
sentence imposed on you;

PMM
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PMM
RobsLuv
Champion Member
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Posts: 1758
Ratings: +118
Category........: FAM
Visa Office......: Buffalo
App. Filed.......: Original:14Mar2007; Reprocess began after appeal:26Apr2010
Doc's Request.: Original:9May'07; Reprocess:7May'10
AOR Received.: Original:28Apr'07; Reprocess:26Apr'10
File Transfer...: n/a
Med's Request: Reprocessing:7May2010
Med's Done....: Jun2010
Interview........: n/a
Passport Req..: 30Nov2010!!
VISA ISSUED...: 31Dec2010!!
LANDED..........: 31Jan2011

« Reply #2 on: July 17, 2009, 10:31:43 pm »


Quote
You are ineligible to sponsor if:

• you were convicted of a *censored word*ual offence or an offence against the person with respect to
- one of your family members or relatives,
- one of your spouse's or common-law partner's family members or relatives, or
- your conjugal partner or one of your conjugal partner's family members or relatives,

unless you were granted a pardon or five years have passed after the expiration of the sentence imposed on you


So, you said that your husband was released from jail in 2006 - that means, unless he has received (or can get) a pardon, he is not eligible to apply to sponsor you right now.  However, when five years has passed from the completion of his sentencing he will be . . . so, unless he was also sentenced to probation after the jail sentence, that would be sometime in 2011. 

As far as you staying in Canada - you can apply for an extension to your status, but not having an eligible sponsor for PR puts you at a disadvantage as far as being able to stay.  Could the two of you live in your country for a couple of years, and then apply for PR when he's eligible?


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Married 9'06, ap sent 3'07 & refused in 1'08 due to inadmissible son.  Appeal won 1'10.  Ap back in process 4'10, new meds requested 5'10 - submitted in June.  FBI rec'd 8'10 after 12 wks!  Approved 30Nov2010! COPR recd 05Jan2011. LANDED 31Jan2011 YAY!
abhi_hola
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Posts: 115
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« Reply #3 on: July 18, 2009, 04:45:22 pm »

i am not an expert, but can someone sponsor his/her daughter-in-law?
why dont you try to find that out & approach his parents, if so allowed!
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PMM
VIP Member
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Posts: 13201
Ratings: +471

« Reply #4 on: July 18, 2009, 05:43:40 pm »

Hi

i am not an expert, but can someone sponsor his/her daughter-in-law?
why dont you try to find that out & approach his parents, if so allowed!

Nol

PMM
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PMM
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