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Is my husband still eligible to sponsor me?

gurleegurl

Star Member
Dec 22, 2010
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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

VIP Member
Jun 13, 2008
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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

VIP Member
Jun 8, 2010
93,178
20,656
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Also - who was his crime against? Was it a family member or former spouse / common law partner / girlfriend?
 

computergeek

VIP Member
Jan 31, 2012
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Vancouver BC
Category........
Visa Office......
CPP-O/LA
Job Offer........
Pre-Assessed..
App. Filed.......
06-03-2012
AOR Received.
21-06-2012
File Transfer...
21-6-2012
Med's Done....
11-02-2012
Interview........
Waived
Passport Req..
26-09-2012
VISA ISSUED...
10-10-2012
LANDED..........
13-10-2012
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

Hero Member
Oct 23, 2011
293
7
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

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Dec 22, 2010
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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

Star Member
Dec 22, 2010
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Okay. So were taking the risk. My husband will still try to sponsor me :D

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

Hero Member
Jan 12, 2012
540
13
Category........
Visa Office......
Buffalo->New York
Job Offer........
Pre-Assessed..
App. Filed.......
27-09-2011
Doc's Request.
23-02-2012
AOR Received.
04-01-2012 (Email from Buffalo)
File Transfer...
02-02-2012 (Buffalo->New York: notified by email from Buffalo)
Med's Done....
18-01-2012
Passport Req..
11-04-2012; 23Apr: PP copy delivered at NY
VISA ISSUED...
01-05-2012 (as per COPR); 4May: Decision Made on eCAS; 8May: COPR rcvd (Canada address)
LANDED..........
10-05-2012; 12May: Status in eCAS disappeared; 13Jul: PR Card rcv'd
gurleegurl said:
*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.

gurleegurl said:
*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.

gurleegurl said:
*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?