Questions with sponsoring my soon to be Husband

[torresandino]

Hi, I am want to sponsor my husband, he lives in the USA and is at the moment with a Protected Status which ends in March of 2009. He has one thing on his criminal record and it will be five years in July of 2010. I know that because of this offence on his record he has to wait five years to be able to apply for rehabilitation or a Ministers Pardon. What am wondering is, is there any other way that he can come here and be able to stay here until the 5 years are up and also be able to work?

I have contacted CIC but they are no help at all, they told me to send a letter to Buffalo which I did and till now I still have not heard anything from them. If anyone can give me an idea, I will greatly appreciate it. Thank you.

 

[rgvinson777]

The CIC will view your husband to be as a 'criminal.' As you said, regulations require 5 years for rehabilitation. He cannot be issued a visa for visiting or living or working in Canada until the 5 years has passed. He would have to sneak into Canada and live and work illegally. If and when he gets caught, he will be kicked out of Canada and probably never allowed to return. Keep in mind that rehabilitation times begin after the person has served their sentence. (including probation and/or parole timeframes.) So, if an individual got out of prison today, (not counting probation or porole) they would not be considered to be rehabilitated until this day in 2013.

Best wishes

 

[torresandino]

So from what you are telling me, if he were to come in here illegally and he doesn't get caught does that mean that I can still sponsor him without him getting a penalty? I was talking to this agency that works with the type of charge that he has to come to Canada and apparently this is what they do. His charge is domestic assault and his 5 years are up, with him having served his probation in July of 2010. I don't want him to come here and than get kicked out for life either, I would rather wait and sponsor him the right way. I am not sure if he can do the Temporary Resident Visa, I was told by this agency that they can do that.

 

[rgvinson777]

I suggest you ask PMM. He's the Guru of complicated immigration issues. Just type "Help me please PMM" in the subject and ask your question.

 

[ThirstyDeer]

If I remember correctly, to be deemed rehabilitated, 5 years have to have passed from the complete sentence, including probation. You stated probation is over in July of 2010, then that means he won't be eligible till 5 years after that point.

Again, this is if I remember correctly. Someone feel free to say otherwise if that be the case.

 

[torresandino]

I just to make something cleared with the info that i posted. My husband was charged in 2005, he got a suspended imposition of a sentance with a 3 month probation period. His probation period ended in july of 2005. That is why in 2010 he can apply to be rehabilitated.

My question now is if he comes here illegally will that effect the application when the time comes to put the application in for sponsorship and the rehabilitation.

 

[rgvinson777]

I think your husband moving to Canada now could effect his future application. Though many people move to Canada prior to any immigration application and later apply for permanent resident status (In Canada Class), it seems to me that an immigration officer viewing his application might be inclined to take his criminal history more seriously by the fact that your husband did not deal with "Canada" honestly. The purpose of IMM as it seems to me is two-fold. To allow the immigration of decent people from around the world and to protect "Canada" from those who might bring harm with them. Not to say that this is what your husband would bring. However government people and agencies tend to view things like your husbands criminal history at face value. If you catch the wrong IO on a bad day, he or she could make things very difficult.

 

[torresandino]

I just to know something, on the application it says two or more summary offences, 5 years have to pass from the date of the probation period or sentance period, he only has one offence. Because he only has one offence is there a possibility that they can approve the application? He has taken angermanagement classes, those this help him in any way? If I were to decided and put the application in for sponsorship and they reject it how much of that money is returned, on the form for the sponsor it says that $75.00 is kept and the rest returned, those this mean even the money of the person being sponsored gets returned? I have one last question, when it comes to the Record checks, do you send that in at the same time with the application or is it something that gets sent to them once thay ask for them?

Once again thank you to everyone for the information.