Sponsor with criminal record

[M.S.Ashraf]

Peace on all the readers.

I have a question!

My wife is permanent resident of canada living in calgary alberta. In year 2013 she had domestic problem with her "ex-husband" and abused the priscribed medicine and left home. Outside, she unfortunately assaulted a women which she had been pardoned y the lady. However, she served her time with 2 days a week for a month. Therefore, due to these circumstances, is she eligible for sponsoring me and my dependent child? Kindly your professional opinion shall be very helpful for us to continue our lives in canada or the country where i live.

 

[Trinikid868]

I think she can, you both might just need a good consultant, also proof stating that she had some type of recovery or psychological help, eg. counselling, I believe the end result would depend on the type of crime was committed. If she still has charges or an on going investigation it would be a bit difficult, if all dues are paid then I believe you all shouldn't have any problems. Wish you luck.

Additional info:
Requirements for the Sponsor:

• The sponsor must be at least 18 years of age;
• The sponsor must be a Canadian permanent resident living in Canada or a Canadian citizen;
• The sponsor cannot be in prison, bankrupt, under a removal order (if a permanent resident) or charged with a serious offence; and
• The sponsor cannot have been sponsored to Canada as a spouse within the last 5 years.

Requirements for the Sponsored Person:

• The sponsored person must be at least 16 years of age and
• The sponsored person must not be too closely related by blood to the sponsor.

 

[M.S.Ashraf]

I think she can, you both might just need a good consultant, also proof stating that she had some type of recovery or psychological help, eg. counselling, I believe the end result would depend on the type of crime was committed. If she still has charges or an on going investigation it would be a bit difficult, if all dues are paid then I believe you all shouldn't have any problems. Wish you luck.

Additional info:
Requirements for the Sponsor:

• The sponsor must be at least 18 years of age;
• The sponsor must be a Canadian permanent resident living in Canada or a Canadian citizen;
• The sponsor cannot be in prison, bankrupt, under a removal order (if a permanent resident) or charged with a serious offence; and
• The sponsor cannot have been sponsored to Canada as a spouse within the last 5 years.

Requirements for the Sponsored Person:

• The sponsored person must be at least 16 years of age and
• The sponsored person must not be too closely related by blood to the sponsor.

It is a pleasure to know someone took their interest and spent time to answer for my situation.

However, There is something more i need to discuss here. She is currently on government help(which i personally reluctant at) and now she is going for government "AISH"(which again i am reluctant at). I feel uncertain about the the approval of our application due to the immigration might put a red line on the fact that she is receiving government "AISH" due to mental disabilities and me and my child couldn't be safe with her plus the record she has. Although, she is the nicest person i have ever known of and she took care of my child like a mother does when she was with us.

Personally i am trying my best to rehabilitate her because i don't feel getting aish and applying for immigration would be the right way.

 

[k.h.p.]

You have multiple issues with your wife possibly sponsoring you:

- Assault can render someone to be ineligible to sponsor. It can also lead to possible problems for a PR. Since she served time in jail for the assault, it is likely considered to be a serious crime.

- You must be 100% confident that your sponsor is on social assistance for reasons of disability. If she is on social assistance but not for disability she is ineligible to sponsor you - she must show that she can afford or plan to afford your expenses for three years.

You should likely speak to a lawyer about the criminality aspect.

The fact that you state your child would not be safe with your wife is another reason why you should be concerned.

To be very rude and brutally honest, given the background, even if your wife is permitted to apply to sponsor you despite the criminality, the visa officer will wonder if this relationship is genuine and not entered into primarily for the purposes of immigration.

 

[M.S.Ashraf]

You have multiple issues with your wife possibly sponsoring you:

- Assault can render someone to be ineligible to sponsor. It can also lead to possible problems for a PR. Since she served time in jail for the assault, it is likely considered to be a serious crime.

- You must be 100% confident that your sponsor is on social assistance for reasons of disability. If she is on social assistance but not for disability she is ineligible to sponsor you - she must show that she can afford or plan to afford your expenses for three years.

You should likely speak to a lawyer about the criminality aspect.

The fact that you state your child would not be safe with your wife is another reason why you should be concerned.

To be very rude and brutally honest, given the background, even if your wife is permitted to apply to sponsor you despite the criminality, the visa officer will wonder if this relationship is genuine and not entered into primarily for the purposes of immigration.

Thank you kind sir for taking your time and providing more specific details on the subject matter.

As i stated in my post, that is it possible for us to move to canada or should we live our lives in the country i live in. It is tough to live without a spouse when you get used to living with someone, I'd prefer her rather than any country in the world. But enough of the emotional speech.

Coming to the point. So in your point of view, it would be better for her to apply for the AISH rather than leaving government financial assistance and fall under the criteria of "she can support me and my child for 3 years" which is i may have red somewhere that she sponsor must show of the earning of 30000$ a year i think.

Or

Getting the AISH is a better option. Since she has been really struggling with her past marriage and the disturbance that brought to her life. I am doing my best to help her cope with it and bring her to normal life.

And for your brutal truth, if i were the immigration officer? I would've thought of the same! But if you look at the matter closely, you'll see me with my 8 year old child and i don't think anyone would risk their child's life for just to get to canada. That's why i posted this matter to see if what is the better choice and if moving to canada is better? Than with these circumstances, will it be possible?

 

[k.h.p.]

She is ineligible to sponsor you if she is receiving AISH for reasons that are not disability. If she's getting AISH for her disability, it's okay.

There is no specific earning test- just that she can support you.

I can't tell you if getting the social assistance is the best option.

She may not be eligible to sponsor you for reason of the assault. If she is unable to sponsor you because of the assault, then it doesn't matter if she takes AISH or not, because she cannot sponsor you into Canada.

You should talk to a lawyer. And seriously consider living with her if it means your child is not safe with her - are you risking your child's life to live with your spouse? Child endangerment is a crime in Canada.

 

[M.S.Ashraf]

She is ineligible to sponsor you if she is receiving AISH for reasons that are not disability. If she's getting AISH for her disability, it's okay.

There is no specific earning test- just that she can support you.

I can't tell you if getting the social assistance is the best option.

She may not be eligible to sponsor you for reason of the assault. If she is unable to sponsor you because of the assault, then it doesn't matter if she takes AISH or not, because she cannot sponsor you into Canada.

You should talk to a lawyer. And seriously consider living with her if it means your child is not safe with her - are you risking your child's life to live with your spouse? Child endangerment is a crime in Canada.

Thank you again for providing better opinion on the quoted matter.

I don't care what law of what country says, i cannot put my child endangered for anything. That's why she spent a year with me and my child and i found her completely harmless and to be honest here, i found her more caring and loving towards my child than his own mother who had left us when he was 9 months. I believe some love and care can definitely change a person. And i saw that change in her since she told me all the truth about her past. She gets panick attacks specially when she gets emotionally drained and i have found bipolar symptoms in her with more sleep apnea symptoms than insomnia.

About her crime. I haven't seen the court's documents but assuming by her 2 days a week for month in correctional center makes me feel that she had been pardoned and served her time and the case has been disposed for 5 years now. I would really appreciate your expert advice sir.

 

[k.h.p.]

Thank you again for providing better opinion on the quoted matter.

I don't care what law of what country says, i cannot put my child endangered for anything. That's why she spent a year with me and my child and i found her completely harmless and to be honest here, i found her more caring and loving towards my child than his own mother who had left us when he was 9 months. I believe some love and care can definitely change a person. And i saw that change in her since she told me all the truth about her past. She gets panick attacks specially when she gets emotionally drained and i have found bipolar symptoms in her with more sleep apnea symptoms than insomnia.

About her crime. I haven't seen the court's documents but assuming by her 2 days a week for month in correctional center makes me feel that she had been pardoned and served her time and the case has been disposed for 5 years now. I would really appreciate your expert advice sir.

No, she hasn't been pardoned just because she has completed the sentence.

You really don't seem to grasp the seriousness of what you're saying. If she's been convicted of assault she is not allowed to sponsor you.

If you believe that your child living with her is putting your child at risk or making her unsafe, that is willful child endangerment and enough to put you in jail.

 

[M.S.Ashraf]

No, she hasn't been pardoned just because she has completed the sentence.

You really don't seem to grasp the seriousness of what you're saying. If she's been convicted of assault she is not allowed to sponsor you.

Thank you for providing specification on the matter sir. I must check the case file of the committed crime and discuss it with the lawyer.

If you believe that your child living with her is putting your child at risk or making her unsafe, that is willful child endangerment and enough to put you in jail.

 

[k.h.p.]

Pardoning in Canada is a specific process that requires an application to have the criminal record expunged. Completion of the sentence is not sufficient.

 

[M.S.Ashraf]

Indeed i have to get the grab on the case file and speak with the lawyer on the subject matter.

 

[k.h.p.]

Review this link https://www.canada.ca/en/immigratio...r-dependent-child-complete-guide.html#violent

 

[M.S.Ashraf]

https://www.canada.ca/en/immigratio...uals/bulletins-2011/361-november-23-2011.html

Reading these details indicates the otherwise.

 

[k.h.p.]

You're reading that wrong. Prior to the amendments to the regulations, the bar on sponsorship only applied where the crime was committed against certain family members.

The amendment changed the bar to apply to anyone convicted of assault if the conviction carries a statutory maximum sentence of ten years or more.

Your wife would need an actual pardon to be allowed to sponsor you. She must apply for this.

Then if she is granted a pardon, she must not be on social assistance unless it is for disability.

 

[k.h.p.]

And none of that addresses the fact that you said your child AND you would not be safe with her.