Question regarding IMM 1344A

[Zeinab20]

Hello members!

I have a question regarding IMM 1344A under E- eligibility assessment #15: are you the subject of a report on inadmissibility? Inadmissibility on the requirements of being approved as a sponsor? I couldn't find it in the sponsor's guide and even here I have came across some contradictory information ->
You are ineligible to sponsor if:
•you have been convicted of a serious criminal offence, have provided false information to Immigration, or have not met conditions of entry.

11.You may not sponsor anyone if you are in a jail, prison, penitentiary or reformatory. It may be possible to sponsor if you are on parole, probation, or are serving a suspended sentence.

My boyfriend talked to a lawyer and according to her he should be able to sponsor me, but it's still worrying me..

 

[rjessome]

Hello members!

I have a question regarding IMM 1344A under E- eligibility assessment #15: are you the subject of a report on inadmissibility? Inadmissibility on the requirements of being approved as a sponsor? I couldn't find it in the sponsor's guide and even here I have came across some contradictory information ->
You are ineligible to sponsor if:
•you have been convicted of a serious criminal offence, have provided false information to Immigration, or have not met conditions of entry.

11.You may not sponsor anyone if you are in a jail, prison, penitentiary or reformatory. It may be possible to sponsor if you are on parole, probation, or are serving a suspended sentence.

My boyfriend talked to a lawyer and according to her he should be able to sponsor me, but it's still worrying me..

Let it go! Seriously, this is NOT contradictory information. Your potential sponsor is a CITIZEN (according to everything you have written). Citizens cannot be subject to a report on inadmissibility.

 

[Zeinab20]

Let it go! Seriously, this is NOT contradictory information. Your potential sponsor is a CITIZEN (according to everything you have written). Citizens cannot be subject to a report on inadmissibility.

Ok.. well to be honest I don't even understand the question itself so maybe you can elaborate it to me?

 

[Zeinab20]

My boyfriend is a Canadian citizen but he has a criminal record too. I don't know if you were aware of that Rjessome..

 

[canadianwoman]

I have a question regarding IMM 1344A under E- eligibility assessment #15: are you the subject of a report on inadmissibility? Inadmissibility on the requirements of being approved as a sponsor?

They mean inadmissibility to Canada. Your boyfriend is a Canadian, so this question does not apply to him. It applies to people who are PRs, but are being investigated about whether they should be removed. You boyfriend should answer 'no' to question 15.

11.You may not sponsor anyone if you are in a jail, prison, penitentiary or reformatory. It may be possible to sponsor if you are on parole, probation, or are serving a suspended sentence.

My boyfriend talked to a lawyer and according to her he should be able to sponsor me, but it's still worrying me..

Your boyfriend is on parole, so he should be able to sponsor you. Note the wording: "It may be possible to sponsor if you are on parole ..."

You are ineligible to sponsor if:
•you have been convicted of a serious criminal offence ...

This is the crux of the problem: will CIC consider the crime your boyfriend was convicted of to be a "serious criminal offense"? If yes, he can't sponsor you. If no, he can. The guidelines we have access to are not clear as to what exactly is too serious; deliberately, in my opinion, because CIC wants leeway when it makes decisions.
Because the lawyer you consulted seems to think your boyfriend will be able to sponsor you, it sounds like your boyfriend has a good chance of being accepted as a sponsor. Each visa officer uses his or her own judgment, though, so you won't know for sure until you actually apply.
So I think you should concentrate on preparing the best application you can, with lots of proof that your boyfriend has reformed his ways, and lots of proof that your relationship is genuine. Then send it off and hope for the best. Using a lawyer or immigration consultant in your case would be a good idea - they can help you present your boyfriend's case in the best possible light. (They're not necessary, though - lots of people have used advice from this forum to prepare successful applications.)

 

[rjessome]

My boyfriend is a Canadian citizen but he has a criminal record too. I don't know if you were aware of that Rjessome..

I do know that. I have read and replied to several of your posts about the same question.

Ok, inadmissibility means you are not eligibile to enter Canada for various reasons. One of these reasons is criminality. Foreign nationals and permanent residents must be admissible to Canada in order to enter and/or stay in Canada. Citizens do NOT have to be admissible to Canada as it is their RIGHT to enter and stay here, no matter what. I won't get into those rare instances where a person has been stripped of their citizenship because they have to do something much more serious than the crimes your boyfriend committed in order for that to happen AND they cannot have been born in Canada.

So, as a citizen, your boyrfriend cannot be subject to a report on inadmissibility because he is a CITIZEN, not a foreign national or a permanent resident. All citizens are admissible to Canada.

I'm sorry but this conversation went on for a long time when it started weeks ago and you were given the right answer at that time which was confirmed by the lawyer your boyfriend consulted. We are not lieing to you! Frankly, I'm a little worried that if you are stressing about this so much now, before you have even met your boyfriend face to face, entered Canada, gotten married and applied to become a PR, how are you going to handle the REAL trials and tribulations of immigration? This stuff is HARD and you seem like you are looking for problems that are just NOT there before you even begin!

Short of having the Minister of Immigration call you on the telephone and tell you that your boyfriend is eligible to be a sponsor, I don't know what other reassurance anyone can offer you. So let this go and focus on a positive future for yourself. I offer no judgements of your personal situation but you've been very open that you have a lot of things to consider. THIS issue is NOT one of them.

 

[Zeinab20]

They mean inadmissibility to Canada. Your boyfriend is a Canadian, so this question does not apply to him. It applies to people who are PRs, but are being investigated about whether they should be removed. You boyfriend should answer 'no' to question 15. Your boyfriend is on parole, so he should be able to sponsor you. Note the wording: "It may be possible to sponsor if you are on parole ..."

This is the crux of the problem: will CIC consider the crime your boyfriend was convicted of to be a "serious criminal offense"? If yes, he can't sponsor you. If no, he can. The guidelines we have access to are not clear as to what exactly is too serious; deliberately, in my opinion, because CIC wants leeway when it makes decisions.
Because the lawyer you consulted seems to think your boyfriend will be able to sponsor you, it sounds like your boyfriend has a good chance of being accepted as a sponsor. Each visa officer uses his or her own judgment, though, so you won't know for sure until you actually apply.
So I think you should concentrate on preparing the best application you can, with lots of proof that your boyfriend has reformed his ways, and lots of proof that your relationship is genuine. Then send it off and hope for the best. Using a lawyer or immigration consultant in your case would be a good idea - they can help you present your boyfriend's case in the best possible light. (They're not necessary, though - lots of people have used advice from this forum to prepare successful applications.)

Canadianwoman, thank you for your post. I just didn't understand that question ??? According to the questions of E- eligibility assessment, my boyfriend could be approved but you are right when you say that we won't know this until we actually apply! That makes it frustrating.
The guidelines we have access to are not clear as to what exactly is too serious that is so true!!!
I was wondering if my boyfriend should provide more information of his background like attaching his charges etc.. Even though this is not asked, I don't want CIC to think he is trying to conceal information.

 

[Zeinab20]

I'm sorry but this conversation went on for a long time when it started weeks ago and you were given the right answer at that time which was confirmed by the lawyer your boyfriend consulted. We are not lieing to you! Frankly, I'm a little worried that if you are stressing about this so much now, before you have even met your boyfriend face to face, entered Canada, gotten married and applied to become a PR, how are you going to handle the REAL trials and tribulations of immigration? This stuff is HARD and you seem like you are looking for problems that are just NOT there before you even begin!

My boyfriend didn't meet a lawyer until recently. And I know that members are not lying, everyone wants the best for each other. Of course I am stressing, I just want to do research and prepare as best as possible. I don't have the money for hiring a lawyer etc. that is why I am very happy with this site.
From what I have seen on this site I can conclude it is a long and rough road.. I am sorry if I made it look like as if I look for problems.

 

[Baloo]

You wont like my post...

we won't know this until we actually apply! That makes it frustrating.

If you really think this is bad, then you have no idea what you are getting into, the process is going to eat you alive!

There are couples who have separated over this immigration stuff, families that have been kept apart and those with lengthy appeals - But you have not even met your man and you are already bothered by this!
You need to get a grip, this will take ages and is likely to be an extremely difficult and costly process.

IMO, if you are stressed out by this then you should reconsider applying, you won't survive the process.
Maybe it would be better to find a partner that will fit into your life without as many problems.

It may sound brutal, but unless you suck it up, immigrating to Canada is not going to happen.

 

[Zeinab20]

You wont like my post...

If you really think this is bad, then you have no idea what you are getting into, the process is going to eat you alive!

There are couples who have separated over this immigration stuff, families that have been kept apart and those with lengthy appeals - But you have not even met your man and you are already bothered by this!
You need to get a grip, this will take ages and is likely to be an extremely difficult and costly process.

IMO, if you are stressed out by this then you should reconsider applying, you won't survive the process.
Maybe it would be better to find a partner that will fit into your life without as many problems.

It may sound brutal, but unless you suck it up, immigrating to Canada is not going to happen.

No I didn't like your post..

But it is your opinion. At least I am willing to give it a try in the future.

 

[canadianwoman]

I was wondering if my boyfriend should provide more information of his background like attaching his charges etc.. Even though this is not asked, I don't want CIC to think he is trying to conceal information.

Yes, he should provide info - attach the charges and parole reports, and whatever else he can to make it look like he has reformed.

 

[rjessome]

Yes, he should provide info - attach the charges and parole reports, and whatever else he can to make it look like he has reformed.

No, he shouldn't. Not in this case. He only needs to show that the assaults he was convicted of were not of a sexual nature and/or perpetrated on family members per the Act and Regulations.

 

[Zeinab20]

No, he shouldn't. Not in this case. He only needs to show that the assaults he was convicted of were not of a sexual nature and/or perpetrated on family members per the Act and Regulations.

Hm ok. So the only requirement for my boyfriend is just answering on the questions in this case.