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Nov 25, 2015
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Hi I am born here in Saskatchewan Canada I have been married to my Tunisian husband for over 6 yrs. I have been through one sponsorship already but we were denied because Immigration Board thinks our marriage is not genuine. Which clearly it is. I have been back and forth to Tunisia 5 times since we married in 2010 and we have known each other since 2008. When I had met him he helped me through a really bad breakup with my abusive ex boyfriend who I have a child with. Besides that my husband has known me and both my daughters since June of 2008. We met online and had a immediate connection we continued to talk daily. Months have passed and we started becoming inseparable. Texting and Skype on most of our evenings and free time. In April of 2010 after 2 yrs of getting to know my future husband I decided I could no longer be away from him and decided to travel to his country. When I got there I left my daughters with my parents for the month that I would be gone and my parents were divorced so they would spend time at both grandmas house then go to papas house on his days off work. I lived with my father since my parents divorce and took care of our home. When I was gone my brother who was me and my little sisters abuser when we were little decided to come and have a extended stay because I was not there(we do not get along because of the abuse he put on me and my sister). He started being mean with my daughters and abusing them verbally and physically as my youngest daughter was hit by him many times when I was not there at this time. I had called to check on my daughters and my oldest told me "mommy come home, uncle is here and he is being very mean with me and my sister". I had no idea he was even there or that my daughters were not spending time with both my parents as this is what was discussed before I left. I stayed my full visit and kept in contact with my daughters everyday to make sure they were ok, a couple days before I was about to leave Tunisia I talked with my daughters and my oldest told me that her uncle was hitting them and not feeding them. So at this time I was pissed off because my children should have never been assaulted or have been even left with my brother as I knew he was a very abusive person. When I returned home I had confronted my brother and he also hit me and a fight broke out between the both of us very physical which landed me being charged with either aggravated assault or assault with a weapon. I was charged placed in jail spent 18 months on bail,6 months in jail and 18 months probation. My probation was finished in 2012 and I haven't been charged with anything since or before that. The only thing on my adult criminal record is this one charge... Now my question is.

Because of this assault does this mean I cannot sponsor my husband to come to Canada ?
 
Yes - you can expect your charges are going to be a big problem. If you read through the "sponsorship bar for violent crimes" section in the link below, you'll see you're not eligible to sponsor your husband as a result of your crime:

http://www.cic.gc.ca/english/immigrate/sponsor/spouse-apply-who.asp#bar

Probably time to engage a very good immigration lawyer.

H&C is not an option since your husband is outside of Canada. You will be refused if you apply through the normal spousal sponsorship process.

It's possible the only option may be for your husband to immigrate to Canada on his own through one of Canada's economic immigration programs such as skilled worker.