Criminal record

[maria54321]

Criminal record

 

[PMM]

Re: My husband (sponsor) has a criminal record. Please help!

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

 

[RobsLuv]

Re: My husband (sponsor) has a criminal record. Please help!

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?

 

[abhi_hola]

Re: My husband (sponsor) has a criminal record. Please help!

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!

 

[PMM]

Re: My husband (sponsor) has a criminal record. Please help!

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

 

[ED001]

My friends wife is applying for Canada PR with their child. Her husband is not accompanying them because he has a criminal record for fraud marriage. He was released from prison in January 2015. Will his record affect their chances?

 

[canuck_in_uk]

My friends wife is applying for Canada PR with their child. Her husband is not accompanying them because he has a criminal record for fraud marriage. He was released from prison in January 2015. Will his record affect their chances?

If he is criminally inadmissible, so are they.

 

[ED001]

Ok. How do you determine if you are inadmissible

 

[canuck_in_uk]

Ok. How do you determine if you are inadmissible

Equate the conviction with the Canadian criminal code.

 

[rish6]

Hi do you think if a group of Canadian teenagers complaint to the RCMP against an individual and the complaints are related to harassment (assuming those are false claims and has no proof), then would that candidate get a negative PCC for Canada? Please share your ideas.

 

[scylla]

Hi do you think if a group of Canadian teenagers complaint to the RCMP against an individual and the complaints are related to harassment (assuming those are false claims and has no proof), then would that candidate get a negative PCC for Canada? Please share your ideas.

Only if the complaints result in arrest or criminal charges or a restraining order or something like that.

 

[rish6]

Okay I ask because one of my friends was defamed very badly on social media, and he fears a negative PCC. My suggestion to him was do pcc for a final result and then see what can be done. Like you said above regarding results, he was not arrested, nor called to court, nor he was stopped at the airport when he was leaving the country for vacation. It was just that there might be lot of things written about him in the records by local teenagers who tried to defame him

 

[canuck_in_uk]

Okay I ask because one of my friends was defamed very badly on social media, and he fears a negative PCC. My suggestion to him was do pcc for a final result and then see what can be done. Like you said above regarding results, he was not arrested, nor called to court, nor he was stopped at the airport when he was leaving the country for vacation. It was just that there might be lot of things written about him in the records by local teenagers who tried to defame him

He doesn't need to apply for a PCC to see what's on it. Such complaints don't go on PCCs.

 

[rish6]

Okay got it. Can i ask if PCC is strictly for heavy criminal backgrounds only or there could be written something about him like 'adverse statements'?

 

[rish6]

Only if the complaints result in arrest or criminal charges or a restraining order or something like that.

Do you think he should do PCC just for his satisfaction? Would there by any friction in doing this? Probably he has to send finger prints from his home country to Canada?