Criminality

[andersonglk]

Simple question, but I just want to make sure.]

I am American, my common law wife is Canadian.

I have a criminal record for third degree retail fraud (the lowest degree, basically shoplifting an item worth less than $200.) This was seven years ago, and I have had no convictions since.

Am I reading the criminality section correctly in that I AM eligible to be sponsored since it was ONE offence and it was five years ago? This would be considered "prosecuted summarily," correct?

Thank you so much. I have been getting TONS if info from this board while preparing my application.

 

[confusednscared]

I think you are still eligible to be sponsored once you have been involved with a Canadian. However, I am not so sure if shoplifting will be considered a high risk form of criminality for CIC. Maybe you should consult this properly with an immigration lawyer to see what grounds you have one either being accepted or rejected based on your past criminal history.

Good luck!

 

[RobsLuv]

Criminal inadmissibility is very complicated. It's best that you consult with a Canadian Immigration attorney who is qualified in this area. When a criminal conviction or arrest appears on your country police clearance, you will need to provide all of the court documents pertaining to that incident. The officer assessing your sponsorship application will need to assess exactly what the offence was, compare it to the equivalent offence in Canada, and (by that) determine how it is to be classified. Depending on the classification there is a prescribed waiting time that begins at the point that you completed all applicable restitution for the offence (fines, probation, confinement, etc). Depending on how the offence is classified, the wait will be either five or ten years.

If the prescribed period of time has been satisfied, you are eligible to apply for rehabilitated status. This, however, is where the real questions start. It's not clear whether immigration officers assessing sponsorship applications are the ones who determine whether someone is "rehabilitated" - or whether that's a separate process (applying for rehabilitated status) that needs to happen before the PR application is submitted.

 

[patiently_waiting]

Criminal inadmissibility is very complicated. It's best that you consult with a Canadian Immigration attorney who is qualified in this area. When a criminal conviction or arrest appears on your country police clearance, you will need to provide all of the court documents pertaining to that incident. The officer assessing your sponsorship application will need to assess exactly what the offence was, compare it to the equivalent offence in Canada, and (by that) determine how it is to be classified. Depending on the classification there is a prescribed waiting time that begins at the point that you completed all applicable restitution for the offence (fines, probation, confinement, etc). Depending on how the offence is classified, the wait will be either five or ten years.

If the prescribed period of time has been satisfied, you are eligible to apply for rehabilitated status. This, however, is where the real questions start. It's not clear whether immigration officers assessing sponsorship applications are the ones who determine whether someone is "rehabilitated" - or whether that's a separate process (applying for rehabilitated status) that needs to happen before the PR application is submitted.

Hey Robsluv - Thank you for your post as we see so many people ask this - great points! I would just like to add, it might be good to do the rehab bit first before pursuing sponsorship so that your time apart is not prolonged... just a thought!