Denial of spousal sponsorship??

[lolabear]

I hope someone can help me with my issue. I am a Canadian citizentrying to gather as much information as I can in regards to my sponsorship application for her but have 2 issues: 1) I have a criminal conviction from 3 years ago in London which required I pay a fine for (no jail time) which I read is equivalent to a conviction under the Criminal Code - will this make me ineligible to sponsor her off the bat?
2) My wife was involved with an organization when she was 16 (she's now 32) which was initially a women's empowerment group, but the group itself later turned violent and is now considered a terrorist organization in France. She has not been involved with them once she found out their violent intent and was never charged with anything in relation to the group. Will this matter on the application? Will she require a criminal record check? If anyone can provide assistance, I would appreciate it!!

 

[frankinto]

Hi there,

I don't think there is a problem in your case, but all permanent residence applicants must supply a police certificate (criminal records check) from each country or territory where they have lived for six consecutive months or longer since reaching the age of 18.

It is also best to include all information about that group and to explain the situation in detail. Never hide anything.

 

[scylla]

1) I have a criminal conviction from 3 years ago in London which required I pay a fine for (no jail time) which I read is equivalent to a conviction under the Criminal Code - will this make me ineligible to sponsor her off the bat?

What was your criminal conviction for? Certain convictions make you ineligible to sponsor (e.g. violent act towards partner, former partner, family).

 

[DGT]

Hi,

As a Canadian Citizen, I don't think you will have any problems sponsoring your partner due to your misdemeanour (particularly if that took place abroad). That is provided it was not a violent crime. When your wife fills out IMM5669 she will have an opportunity to mention any organisations she has been a part of. She should state that she has been a part of this organisation and when she left it. Be upfront and honest about it all. Make sure you point out that she left the organisation before they became violent. The CSIS will be consulted as part of the background check so it's important that you are forthcoming with the details rather than letting them make assumptions.

Good luck!

 

[amikety]

Your wife will need to admit to her membership in this group. She should be prepared to write a statement about the group. If she has any documentation she protested their violent nature (i. e. wrote a letter to the leadership) or departed willingly when she rejected their methods, she needs to include this. If she can obtain a list of ex or non active members it would be helpful. (Well, if she's listed among those people.)

She'll be required to submit a police check with her application.

 

[pardesifr]

I am curious to know what feminist organization that is declared as Terrorist in France never heard of any other then that fighting for Corse freedom.

 

[lolabear]

Thank you everyone! You have put my mind at ease a bit.
My trouble with law had to do with being charged with breaking and entering and assault causing bodily harm (accidentally knocking a pedestrian over with the bike I drunkenly "borrowed" from a garage and him subsequently breaking his leg). It was noted that the offense was violent but I only had to pay a fine and no issues since). It's only been 3 years since the incident however, so relatively new. Will I need to provide a criminal record check as a Canadian with the application?

 

[amikety]

The sponsor doesn't provide police checks - CIC does that part for you. However, you'll need declare the conviction. And here's the murky part:

•were convicted of a violent criminal offence, any offence against a relative or any sexual offence—depending on circumstances, such as the nature of the offence, how long ago it occurred and whether a record suspension (formerly called “pardons” in Canada), was issued

This is from CIC's website. As you can see, even CIC says 'it depends.' At this point, you may want to seek qualified legal advice - someone that can translate your conviction into Canadian law, see what the conviction would be here, and how serious it would be.