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Sponsoring with conditional Discharge

k.h.p.

VIP Member
Mar 1, 2019
8,810
2,249
Canada
Your discharge will still show up in a national criminal records search and judicial system search.

You can always ask a lawyer, since it seems you've done a lot more research.

You will also need to truthfully answer yes when asked if you have been arrested or charged with a crime like assault.
 

singh@1985

Newbie
May 2, 2019
8
0
Your discharge will still show up in a national criminal records search and judicial system search.

You can always ask a lawyer, since it seems you've done a lot more research.

You will also need to truthfully answer yes when asked if you have been arrested or charged with a crime like assault.
yes i have - i have all discharging records from the court and with application i have included all paperwork.
i have gone through Manual of officers IRCC manual IP8 which states if you are granted conditional discharge there won't be any issue?
 

k.h.p.

VIP Member
Mar 1, 2019
8,810
2,249
Canada
Great. I love it when people do all their research and don't share any of it and ask cryptic questions and then keep asking questions and arguing.

The discharge is on your record for three years more. It's in CPIC. Even if it's conditional you will get extra review for criminality. Assaulting an ex is assault. Expect questions from IRCC or a criminality review.

If you're seeking confirmation that your criminal assault will not bar you from sponsoring a spouse - with certainty - ask a lawyer. No one here can give you the certainty you want, especially since you are set on ignoring everyone.

I will tell you that you will have no issue in three years.
 
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jddd

Champion Member
Oct 1, 2017
1,517
565
hi All - yesterday I received my RCMP check and it says "No Match".
Awesome. Doesn’t change the fact that you need to declare your guilty plea. If you don’t, you should expect your application to be rejected due to misrepresentation.
 
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scylla

VIP Member
Jun 8, 2010
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Hi,
Im in the same situation. Can you please tell me whats the outcomes?
Note that the OP's situation is somewhat different than yours in that OP has already completed probation and received the full discharge.
 

Ar6464

Full Member
Jul 29, 2019
24
2
Note that the OP's situation is somewhat different than yours in that OP has already completed probation and received the full discharge.
Yes i completely understand. But im planing to take any step forward after my probation will be over. Im just curious to know if im eligible or do i have to wait more.
 

jasperJ

Star Member
Mar 20, 2019
95
28
I think a lot of people are looking for this information so posting the following synopsis regarding Bars to Sponsorship from CIC's website.

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/permanent-residence/non-economic-classes/family-class-assessing-sponsor/details-sponsorship-bars-family.html


Convicted of offences outlined in [R133(1)(e)(i)], [R133(1)(e)(i.1)], and [R133(1)(e)(ii)]
These offences are:

  • an offence of a sexual nature – or an attempt or threat to commit such an offence – against any person [R133(1)(e)(i)]
  • an indictable offence involving the use of violence and punishable by a maximum term of imprisonment of at least 10 years against any person [R133(1)(e)(i.1)]
  • an offence causing bodily harm against any of the following [R133(1)(e)(ii)]:
    • a current or former family member
    • a relative, or a current or former family member of that relative
    • a family member’s relative, or a current or former family member of that relative
    • a current or former conjugal partner
    • a family member’s or conjugal partner’s current or former family member
    • a conjugal partner’s relative, or a current or former family member of that relative
    • a child currently or formerly under the care of the sponsor, or the sponsor’s current or former family member or conjugal partner
    • a person the sponsor is dating or has dated, or a family member of that person
Where five years have not passed since the completion of the sentence imposed, a person cannot sponsor or co-sign unless:

  • they have been pardoned or finally acquitted (for convictions in Canada)
  • they have shown, at least five years after the expiry of the sentence, that they have been rehabilitated, or there has been a final acquittal (for convictions outside Canada)
In calculating the five-year period, a sentence includes probation, suspended sentences and intermittent sentences.

Exception: Persons with convictions for which they have received conditional or absolute discharges.

You are still supposed to complete your probation before you apply without getting charged again.
 

Sssanappa

Member
May 17, 2021
11
0
Hy I want to ask on behalf of my friend she convicted of theft under 5000 in Canada and she is doing her 6 months classes to show them her good behaviour And after that she will get conditional discharge can now she apply for her husband or not pls let me know so I can answer her she is really worried. Thanks in advance
 

scylla

VIP Member
Jun 8, 2010
92,916
20,531
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
Hy I want to ask on behalf of my friend she convicted of theft under 5000 in Canada and she is doing her 6 months classes to show them her good behaviour And after that she will get conditional discharge can now she apply for her husband or not pls let me know so I can answer her she is really worried. Thanks in advance
What's your status in Canada? Are you a PR or citizen? Or are you in Canada under temporary status?