Is my husband still eligible to sponsor me?

[gurleegurl]

My husband was jailed for 8 months before in toronto Due to aggravated assault and assault with a weapon. When he got out of jail he recieved money for transportation which were not sure if considered welfare? Lastly, he was given a deporatation letter shortly theteafter which he appealed and won over. So with all this said, is he still eligible to sponsor me?

He's been a Canadian resident for 10 years now and have never applied for citizenship.

We've been together for 5 years now and was married last dec 14 2011

 

[Leon]

If he is not eligible to sponsor you, it would be because of the violent crime past, not because of the transportation money. How long ago was his crime? Can he apply for a pardon by now?

If I were you, I would take this to an immigration lawyer. Criminal past is not exactly a straight forward application.

 

[scylla]

Also - who was his crime against? Was it a family member or former spouse / common law partner / girlfriend?

 

[computergeek]

Based upon what you've said it isn't even clear to me what his status in Canada is at this point.

You said he's a resident but never applied for citizenship. If he has legal permanent residence, then in general he can sponsor you (he doesn't need to be a citizen to sponsor you). However, his criminal issue MIGHT be an issue. From http://www.cic.gc.ca/english/immigrate/sponsor/spouse-apply-who.asp:

You may not be eligible to be a sponsor if you:

• failed to provide financial support you agreed to when you signed a sponsorship agreement to sponsor another relative in the past
• defaulted on a court-ordered support order, such as alimony or child support receive government financial assistance for reasons other than a disability
• were convicted of an offence of a sexual nature, a violent criminal offence, an offence against a relative that results in bodily harm or an attempt or threat to commit any such offences—depending on circumstances such as the nature of the offence, how long ago it occurred and whether a pardon was issued (See Sponsorship Bar for Violent Crime below)
• were previously sponsored as a spouse, common-law or conjugal partner and became a permanent resident of Canada less than 5 years ago (See Five-year Sponsorship Bar for persons who were sponsored to come to Canada as a spouse or partner below)
• defaulted on an immigration loan—late or missed payments
• are in prison or have declared bankruptcy and have not been released from it yet.

Other factors not included in this list might also make you ineligible to sponsor a relative.

Obtaining a pardon would be a good idea. Note that Canadian pardons are in a state of flux due to the newly passed crime legislation. It has not yet been assented by the Crown, but that is expected soon, and then it will be some time before it is implemented - but I'd bet pardons will be one of the first things to go.

Submitting an application for outland sponsorship would be wise. Even if your sponsor is not approved, the visa office will process your application and then you will have the right to appeal to IAD, and they have the right to consider humanitarian and compassionate information. If your husband's convictions were many years ago that would be a mitigating factor. In the interim, he could also apply for citizenship, which would also be another positive factor. Finally, he could also apply for a pardon which, if granted, would be another strong basis for IAD to grant an appeal.

Good luck!

 

[NBaker]

Your sponsor is likely a permanent resident, correct - not a Canadian Citizen if he was issued a removal order and granted a stay. In those circumstances he likely is subject to terms and conditions for a period of time so you would want to be sure that he had met those conditions at all times and continues to have the status of a PR.

If after you have reviewed all of this information and he is a PR, take a very long look at his history of violence - as noted previously it could have an affect on who he can sponsor depending on the type of assault and against who. Regardless no one wants to see you become a statistic!

When you have done all of this careful review and study, if he does have anything that is a concern then you will proceed as you think best.

 

[gurleegurl]

Yes, he still holds his permanent resident status.

Actually, he's not related to the person he had a brawl with. It was some guy who came from the back that attacked him. But situation changed when the guy dropped the knife and my husband picked it up.

Thanks fir all the comments

 

[gurleegurl]

Okay. So were taking the risk. My husband will still try to sponsor me

Quick question tho,
FORM IMM0008E
*Question 2 under personal details: Should I write my maiden name here or that wouldn't be necessary?
*Question 3 under personal details: I can't remember my client ID. I used to have one when I renewed my temporary visa last year in Canada or is it different now because Im applying for a different type of visa?
*Question 12 under personal details: I arrived in Canada Nov 20, 2010 and went to the US Aug 23, 2011, then returned back to Canada September 10 2011 and from there, left for the Philippines October 4, 2011. So exactly what date should I declare as exit? Oct 4 or Aug 23? Or do I have to write both separately?

thanks all

 

[GOGOGO]

*Question 2 under personal details: Should I write my maiden name here or that wouldn't be necessary?

Make it the same as what's in your passport.

*Question 3 under personal details: I can't remember my client ID. I used to have one when I renewed my temporary visa last year in Canada or is it different now because Im applying for a different type of visa?

Should be the same UCI throughout your life. If you can't find it then leave it blank, as what was suggested to some forum members by CIC agents.

*Question 12 under personal details: I arrived in Canada Nov 20, 2010 and went to the US Aug 23, 2011, then returned back to Canada September 10 2011 and from there, left for the Philippines October 4, 2011. So exactly what date should I declare as exit? Oct 4 or Aug 23? Or do I have to write both separately?

I guess depends on what status did you claim when you re-enter Canada on Sep 10, 2011. Did you use work/study visa etc or did you claim as a visitor eg tourist?