Sponsor with criminal record/RCMP CLearance

[redwine]

Hi.My husband (sponsor) was approved to sponsor last Aug.2011.CIC sent the docs here in Manila Sept. 2011.They asked for my passport,divorce cert.of my sponsor, AOM, APPENDIX A and all were sent to them.After then we heard nothing from them and they never asked anything until this week (9 months) I received a letter asking for RCMP CLEARANCE FOR THE SPONSOR.My husband has a criminal record they had a fight last 2006 with his ex-gf then.They were bf/gf for 1 1/2 years .He had to go for 6 months probation.Now will this affect my application here?I wonder why they have to request this clearance knowing the fact that my husband was approved already?Maybe they need an updated one?Will I'll be disapproved? I have a clean records here in the Philippinees....We're so worried about this.We want to live as husband and wife normally.We are on our best when we are together.We are expecting this visa very soon.It's been 9months already since Manila got all the docs.This waiting game is so painful for both of us.Our future together depends on this.We have lots of plans and didn't realize it yet.I miss him so much....PLEASE GUYS HELP.... I need something to hold on to.

 

[PMM]

Hi

Hi.My husband (sponsor) was approved to sponsor last Aug.2011.CIC sent the docs here in Manila Sept. 2011.They asked for my passport,divorce cert.of my sponsor, AOM, APPENDIX A and all were sent to them.After then we heard nothing from them and they never asked anything until this week (9 months) I received a letter asking for RCMP CLEARANCE FOR THE SPONSOR.My husband has a criminal record they had a fight last 2006 with his ex-gf then.They were bf/gf for 1 1/2 years .He had to go for 6 months probation.Now will this affect my application here?I wonder why they have to request this clearance knowing the fact that my husband was approved already?Maybe they need an updated one?Will I'll be disapproved? I have a clean records here in the Philippinees....We're so worried about this.We want to live as husband and wife normally.We are on our best when we are together.We are expecting this visa very soon.It's been 9months already since Manila got all the docs.This waiting game is so painful for both of us.Our future together depends on this.We have lots of plans and didn't realize it yet.I miss him so much....PLEASE GUYS HELP.... I need something to hold on to.

I suggest you read the following. : http://www.cic.gc.ca/english/immigrate/sponsor/spouse-apply-who.asp#bar So he could be barred from sponsorship for threatening his girlfriend. Probably won't be eligible until 5 years have passed since the completion of his probation.

 

[redwine]

Hi


I suggest you read the following. : http://www.cic.gc.ca/english/immigrate/sponsor/spouse-apply-who.asp#bar So he could be barred from sponsorship for threatening his girlfriend. Probably won't be eligible until 5 years have passed since the completion of his probation.

PMM thanks..but I don't understand..My husband is approved already he is the sponsor.He has a criminal record 2006.Now the docs forwarded here in the Phils. and after 9 months they asked for RCMP clearance.Will this affect my application here or no more? He has no more record aside from that.Is this only an update?

 

[redwine]

Hi


I suggest you read the following. : http://www.cic.gc.ca/english/immigrate/sponsor/spouse-apply-who.asp#bar So he could be barred from sponsorship for threatening his girlfriend. Probably won't be eligible until 5 years have passed since the completion of his probation.

Hi PMM! you said my husband will be barred from sponsonship?What's the basis? I saw and read think link....However my husband was already approved as a sponsor.Now my worry is what is this RCMP clearance for why they are still asking ? Is this for update only? will they change their decision made FOR HIM? Will this affect my application here?I am the applicant..I have clean records here in the Philippines.

 

[PMM]

Hi

Hi PMM! you said my husband will be barred from sponsonship?What's the basis? I saw and read think link....However my husband was already approved as a sponsor.Now my worry is what is this RCMP clearance for why they are still asking ? Is this for update only? will they change their decision made FOR HIM? Will this affect my application here?I am the applicant..I have clean records here in the Philippines.

1. Your husband was convicted of threatening his girlfriend and received 6 months probation. So he is not an eligible sponsor until 5 years after he served his probation. Manila wants a copy of his criminal record from the RCMP to determine when the 5 year period ends. It is Manila that decides to approve or refuse an application, it doesn't matter that Mississauga forwarded the application. He is either an eligible sponsor or not and Manila will make that decision on the criminality.

 

[redwine]

Hi



1. Your husband was convicted of threatening his girlfriend and received 6 months probation. So he is not an eligible sponsor until 5 years after he served his probation. Manila wants a copy of his criminal record from the RCMP to determine when the 5 year period ends. It is Manila that decides to approve or refuse an application, it doesn't matter that Mississauga forwarded the application. He is either an eligible sponsor or not and Manila will make that decision on the criminality.

Really? Manila will be the one who will decide on the sponsor's criminality? So u mean when he got approved to sponsor me, that was a big joke? Why they said, he is eligible to sponsor me stated on their letter of approval?They even asked for a court order before they decide him as eligible.So u mean it doesn't matter what CIC-M decided? iF HE WAS ELIGIBLE BY CIC-M HE CAN BE INELIGIBLE HERE IN MANILA? That doesn't make sense.A big joke! sorry for this but I respect your opinion.thanks

 

[Galip]

Really? Manila will be the one who will decide on the sponsor's criminality? So u mean when he got approved to sponsor me, that was a big joke? Why they said, he is eligible to sponsor me stated on their letter of approval?They even asked for a court order before they decide him as eligible.So u mean it doesn't matter what CIC-M decided? iF HE WAS ELIGIBLE BY CIC-M HE CAN BE INELIGIBLE HERE IN MANILA? That doesn't make sense.A big joke! sorry for this but I respect your opinion.thanks

Did you receive an approval letter from CPC-M stating that: "You have met the requirements for eligibility as a sponsor" or just saying that "your package is forwarded to a visa office abroad for further processing"

When was he charged? And when his probation was ended? D/M/Y?

When did you apply and when did they receive your application package?

You said the conviction was happened in 2006 and you sent your application in 2011. There is a 5 years term in between. Your sponsor may still be eligable.

 

[redwine]

Did you receive an approval letter from CPC-M stating that: "You have met the requirements for eligibility as a sponsor" or just saying that "your package is forwarded to a visa office abroad for further processing"

When was he charged? And when his probation was ended? D/M/Y?

When did you apply and when did they receive your application package?

You said the conviction was happened in 2006 and you sent your application in 2011. There is a 5 years term in between. Your sponsor may still be eligable.

Hi Galip thanks for your reply......The conviction happened April 2006.yes my sponsor got a letter stating he meet the requirements for eligibility last Aug. 2011.Then the file transferred here in Manila Philippines.Sent all the docs they asked last Nov. 2011...Then after nine months of processing they asked this RCMP Clearance for the sponsor.Im just worried Galip if this can change the decision made by the CIC. That he will not be eligible to sponsor....Currently he's doing good no more record since then...Mine here is clean too...I have a copy of the letter of the sponsor approval here.

 

[Galip]

Hi Galip thanks for your reply......The conviction happened April 2006.yes my sponsor got a letter stating he meet the requirements for eligibility last Aug. 2011.Then the file transferred here in Manila Philippines.Sent all the docs they asked last Nov. 2011...Then after nine months of processing they asked this RCMP Clearance for the sponsor.Im just worried Galip if this can change the decision made by the CIC. That he will not be eligible to sponsor....Currently he's doing good no more record since then...Mine here is clean too...I have a copy of the letter of the sponsor approval here.

You said he got 6 months probation. When was his probation ended? Some time in October 2006? If this is correct your partner had to count 5 years on October 2006 and he shouldn't have applied for sponsorship before October 2011.

But don't worry if they reject his sponsorship he will reapply immediately and this time CIC has to approve him. Of course it's waste of time and money and more stress.

You also said CIC wanted court order from your partner. When did they request this? Before he got his approval or after? If you give more details that which documents were requested by CIC I would help you more.

Good luck!

 

[redwine]

You said he got 6 months probation. When was his probation ended? Some time in October 2006? If this is correct your partner had to count 5 years on October 2006 and he shouldn't have applied for sponsorship before October 2011.

But don't worry if they reject his sponsorship he will reapply immediately and this time CIC has to approve him. Of course it's waste of time and money and more stress.

You also said CIC wanted court order from your partner. When did they request this? Before he got his approval or after? If you give more details that which documents were requested by CIC I would help you more.

Good luck!

Hi Galip..the CIC asked for the court order before the approval of his sponsorship.He sent it to them then after few months he got a letter of approval stating he meet eligibility requirements dated Aug. 2011. Then the file transferred here in Manila Phils for the 2nd stage processing.After nine months got this RCMP letter request for the sponsor.thanks alot Galip ! I am so sad.

 

[Galip]

Hi Galip..the CIC asked for the court order before the approval of his sponsorship.He sent it to them then after few months he got a letter of approval stating he meet eligibility requirements dated Aug. 2011. Then the file transferred here in Manila Phils for the 2nd stage processing.After nine months got this RCMP letter request for the sponsor.thanks alot Galip ! I am so sad.

Don't be sad. If one door closes other door opens. This is very unique situation. If they didn't approve him I understand it but after his approval this shouldn't be done by CIC.

What's on the letter mentioning when the CIC asked the court order? How did they figure out the court order?

 

[redwine]

Don't be sad. If one door closes other door opens. This is very unique situation. If they didn't approve him I understand it but after his approval this shouldn't be done by CIC.

What's on the letter mentioning when the CIC asked the court order? How did they figure out the court order?

It was before on his application to sponsor..they sent back the package because of the lack of signature and asked for the court order regarding the incident happened last 2006 and how was he related to her.He gave the court order and wrote a letter too explaining the incident and his relationsip with her..then he got approval after few months...what is this RCMP clearance?it's like a police clearance right? that's why Im wondering why they still asked this.

 

[Steph C]

.what is this RCMP clearance?it's like a police clearance right? that's why Im wondering why they still asked this.

Yeah it's our version of a NBI clearance.

 

[redwine]

Yeah it's our version of a NBI clearance.

Thanks Steph C...

 

[Galip]

It was before on his application to sponsor..they sent back the package because of the lack of signature and asked for the court order regarding the incident happened last 2006 and how was he related to her.He gave the court order and wrote a letter too explaining the incident and his relationsip with her..then he got approval after few months...what is this RCMP clearance?it's like a police clearance right? that's why Im wondering why they still asked this.

RCMP clearance is Royal Canadian Mounted Police clearance. Here is the link for that:

http://www.rcmp-grc.gc.ca/cr-cj/fing-empr2-eng.htm

Your partner made his application in August 2011 and the conviction date is April 2006. In this matter 5 years already past and he should be eligable for sponsorship. If CIC counts this 5 years period after his probation (October 2006) then there might be a problem. I checked the regulations and they are not very clear about this 5 years rule. It doesn't say that after probation. It says since completion of the sentence

Here is the rule:

Requirements for sponsor

133. (1) A sponsorship application shall only be approved by an officer if, on the day on which the application was filed and from that day until the day a decision is made with respect to the application, there is evidence that the sponsor

(a) is a sponsor as described in section 130;

(b) intends to fulfil the obligations in the sponsorship undertaking;

(c) is not subject to a removal order;

(d) is not detained in any penitentiary, jail, reformatory or prison;

(e) has not been convicted under the Criminal Code of

(i) an offence of a sexual nature, or an attempt or a threat to commit such an offence, against any person,

(i.1) an indictable offence involving the use of violence and punishable by a maximum term of imprisonment of at least 10 years, or an attempt to commit such an offence, against any person, or

(ii) an offence that results in bodily harm, as defined in section 2 of the Criminal Code, to any of the following persons or an attempt or a threat to commit such an offence against any of the following persons:

(A) a current or former family member of the sponsor,

(B) a relative of the sponsor, as well as a current or former family member of that relative,

(C) a relative of the family member of the sponsor, or a current or former family member of that relative,

(D) a current or former conjugal partner of the sponsor,

(E) a current or former family member of a family member or conjugal partner of the sponsor,

(F) a relative of the conjugal partner of the sponsor, or a current or former family member of that relative,

(G) a child under the current or former care and control of the sponsor, their current or former family member or conjugal partner,

(H) a child under the current or former care and control of a relative of the sponsor or a current or former family member of that relative, or

(I) someone the sponsor is dating or has dated, whether or not they have lived together, or a family member of that person;

Exception — conviction in Canada

(2) Despite paragraph (1)(e), a sponsorship application may not be refused if a period of five years or more has elapsed since the completion of the sentence imposed for an offence in Canada referred to in paragraph (1)(e).