billinky
Newbie
Posts: 4
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« on: July 18, 2008, 07:29:55 pm » |
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Hello,
I am in the process of sponsoring a spouse.
I am a Canadian citizen with a criminal record.
When I fill out the sponsor application form I do fine until I come to the question about having a record.
The question asks If you have been charged with an offence by an act of parliament that can have a sentence of "atleast" 10 years. When I answer this question the way it is worded I would qualify as a Sponsor because my charges would have been for only 5 years max.
I talked to a Immigration Lawyer and was told to just answer as it requests.
I phoned the Immigration Department and they suggested that I attach a note indicating the 5 year charge. Not for violence or sexual assualt.
I am not in jail and was on probation only.
Should I add this note or should I answer the question as requested.
I am not hiding anything but with a PCC check done on me it will show up.
Thanks.
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rgvinson777
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« Reply #1 on: July 19, 2008, 12:43:05 am » |
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Just tell the truth. They will do an RCMP check on you anyway. If you try to conceal anything from them, you will be rejected for misrepresentation. You will do well to acquire a full copy of any court documents pertaining to your case and send them in with your application. They will want the court docket, the charge, the sentence, including any fines and proof that you completed the sentence including the payment of fines. Plus whatever records are available regarding your probation. From what I have read on the CIC website, a police record such as yours does not disqualify you for sponsoring. Attach a cover letter to the court documents (listing the section or question on the application that it is pertaining to.) so the IO will know what he/she is looking at.
Best Wishes!!!
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rgvinson777
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« Reply #2 on: July 19, 2008, 12:46:51 am » |
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One more thing... Dont leave any questions blank. If you don't know how to answer the question, just do your best and explain your answer on the cover letter to your criminal record.
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DutchMan
Full Member
Posts: 24
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« Reply #3 on: July 19, 2008, 11:32:20 am » |
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My sponsor has a criminal record. I had to answer the question you are referring to with no, but I added a copy of her criminal record. I clarified it with a letter saying that although this information is not specifically asked, I do not want to withhold important information.
She was approved to sponsor me.
Hoping that answers your question.
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billinky
Newbie
Posts: 4
Ratings: +0
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« Reply #4 on: July 19, 2008, 08:11:18 pm » |
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Hello,
Thankyou for the reply to my questions in regards to me not qualifying because of my record then why would I even fill out the forms and leave "Blanks" If it would be rejected.
Also could you please tell me what kind of criminal charges your sponsor had that were not a cause for a application rejection?
Thanks again.
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rgvinson777
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« Reply #5 on: July 19, 2008, 10:03:56 pm » |
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Please forgive me. For some reason I was thinking that the criminal record belonged to the pr applicant. Hmmm! I don't know all about the requirements for sponsors regarding criminal records but I have read on the CIC website that you just can't sponsor while you are in prison. Since you are not in prison it may be that your record doesnt matter. But, I am not sure. Call an immigration lawyer before you submit your application. You may be thrilled to hear what he/she has to say. There's hope!!!!! If they are asking for a crime with a maximum of ten years......hmmmm, you don't have one of those do you? If I were you, I would answer the question NO! However, you might consider getting the full record of your crime and all of the court documents associated with it, (including proof that your sentence and fines have been completely paid.) Attach a note with the documents stating that you weren't certain on how to answer the particular question and that you wanted to be forthcoming with regard to your past. The RCMP background check is going to reveal the felony so you might as well be the first to disclose the information to them. Sorry about the misunderstanding.
Best wishes!!!
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jambaloni
Star Member
Posts: 50
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« Reply #6 on: December 24, 2008, 04:07:41 pm » |
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This is interesting. There is not a clear understanding about the criminal record of the sponsor. It's clear that sexual or violent crimes against a family member are bars to sponsorship but the guide and manual is not exactly clear on criminal records in general and its effect on the application. It sounds to me that it's decided on a case by case basis.
I understand they do RCMP checks on the PR applicant but do they also automatically do one on all sponsors? If so, then they needn't ask the questions about criminal charges and convictions since they're going to check them anyway and decide on that basis.
I plan to see an immigration lawyer about this in the new year so I will post back what I find out. It would be good if anyone else has information on this, too.
Cheers.
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Minik
Newbie
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« Reply #7 on: July 13, 2011, 01:34:18 pm » |
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Do you have news? could you sponsor your spouse? if so, please let me know, im in the same situation, and i need to know asap.
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breanne31
Newbie
Posts: 6
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« Reply #8 on: March 27, 2012, 09:16:56 am » |
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Hi there
I talked to Immigration lawyer, and as long as nothing major voilence or sexual, or to family members, then they should be ok with application.
I am putting mine through soon, going to Mexico to get married and then filling my papers, but I think I might go through immigration lawyer as they know what they are doing and chances make it faster.
Thanks
Breanne Hamilton
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