Can step father sponsor step daugther?

[xtl59]

Good day everyone, luckily find this forum, I have very complex situation and need help

Few years ago my family apply immigration to Canada, during this long time process my wife and I divorced because she know some bad guys and start infatuated with gambling, they even rent a house as their private gambling room. And finally they all got caught and charged with gambling crime. She also had a new boyfriend and they have a baby girl, their relationship didn't last long and she finally broken up with him.

After that she come back to me to beg me to give her a chance, my son beg me and I could see him really miss his mother, so I decide to give her a chance we remarried each other. I read from CIC website that she must wait at least 5years to apply for rehabilitation then I can sponsor her, so is 5years? or it could be longer or shorter depend on the crime convicted?

Another question is can I sponsor my step daughter come to Canada first? Since we think the school and living is better in Canada, and my son can have a good playmate.

 

[zardoz]

Good day everyone, luckily find this forum, I have very complex situation and need help

Few years ago my family apply immigration to Canada, during this long time process my wife and I divorced because she know some bad guys and start infatuated with gambling, they even rent a house as their private gambling room. And finally they all got caught and charged with gambling crime. She also had a new boyfriend and they have a baby girl, their relationship didn't last long and she finally broken up with him.

After that she come back to me to beg me to give her a chance, my son beg me and I could see him really miss his mother, so I decide to give her a chance we remarried each other. I read from CIC website that she must wait at least 5years to apply for rehabilitation then I can sponsor her, so is 5years? or it could be longer or shorter depend on the crime convicted?

Another question is can I sponsor my step daughter come to Canada first? Since we think the school and living is better in Canada, and my son can have a good playmate.

1) Did your wife get medically examined and have all the background checks done during your original PR application?
2) Did you inform CIC officially that you divorced before you landed as a PR?

I think that your step-daughter could only be sponsored as your wife's dependant, not yours. So, if you can't sponsor your wife for any reason, your step-daughter probably couldn't be either. Time to talk to an immigration lawyer possibly?

 

[canadianwoman]

We need a better timeline to give you advice.
When did you land as a PR?
When did you apply for a divorce? When was the divorce granted?
As the previous poster asked, was your wife examined as part of your immigration?

 

[xtl59]

timeline

We start our application on 2010, I thought moving to Canada maybe could save our family

I divorced on 2011 and inform the CIC, so my wife excluded from my immigration, she is not examined and not background check

2013 my son and I got the visa and landed

2015 Feb, I come back to China, we remarried

Thanks to all

 

[zardoz]

timeline

We start our application on 2010, I thought moving to Canada maybe could save our family

I divorced on 2011 and inform the CIC, so my wife excluded from my immigration, she is not examined and not background check

2013 my son and I got the visa and landed

2015 Feb, I come back to China, we remarried

Thanks to all

The situation is complex because your wife was never examined. I suspect that CIC will therefore consider her to fall under IRPR 117(9)(d) and even though you have remarried, will consider her to not be a member of the Family Class. In my humble opinion, your chances are low that this is going to be possible but you probably need to engage a good immigration lawyer.

 

[xtl59]

The situation is complex because your wife was never examined. I suspect that CIC will therefore consider her to fall under IRPR 117(9)(d) and even though you have remarried, will consider her to not be a member of the Family Class. In my humble opinion, your chances are low that this is going to be possible but you probably need to engage a good immigration lawyer.

Thanks so much for the answer, so I think I cannot help her and her child.

By the way, since she commit a gambling crime, how many year she have to wait until she can apply for a crime rehabilitation so she can come to see her son?

 

[truesmile]

The situation is complex because your wife was never examined. I suspect that CIC will therefore consider her to fall under IRPR 117(9)(d) and even though you have remarried, will consider her to not be a member of the Family Class. In my humble opinion, your chances are low that this is going to be possible but you probably need to engage a good immigration lawyer.

I disagree. She wasn't his wife when he "landed", it would have been fraud to continue to include her on his application after the divorce.

 

[canadianwoman]

CIC might consider this a 'divorce of convenience.' In which case they will refuse her application. But they might not - it is not an obvious case. A 'divorce of convenience' would be suspected when there is something about the spouse of the principal applicant that would cause the spouse to be inadmissable - and would therefore cause the application of the principal applicant to be refused as well. So the couple divorce, the principal applicant applies as not married, gets a PR, remarries, and then can sponsor the spouse. There are certain things that would make a person inadmissable as an independent immigrant that CIC will allow for a sponsored spouse.

However, her criminal convictions make her inadmissable for a time anyway, so in this case it is not like you can sponsor her right away.