Sponsorship

[torresandino]

I was sponsoring my husband but the application got denied because he had a criminal record and 5 years had not passed, so my husband decided to come to Canada illegally. He got aggressive one day and the police got called, they detained him and in the end was given a 1 year deportation order. In 2008 he got a DUI as well on top of the previous criminal record that he had (the first five years have passed since his first offence). My question is because Canada paid his flight back to his home country, is it true that he has to wait 5 years before he can come to Canada.

I never pressed charges on him, the province did put charges but my understanding is that they were dropped because he left the country when he was given the deportation order, so that i know of, in Canada, he doesn't have a criminal record. How will this effect his application if i try to sponsor him once more?

 

[Leon]

It's not a straight forward case. You should consult with a lawyer if you really want to sponsor him. However, even if it works out for you to sponsor him, even though he gets PR, if he keeps behaving in this way, he can still lose his PR again and get deported.

 

[PMM]

Hi

I was sponsoring my husband but the application got denied because he had a criminal record and 5 years had not passed, so my husband decided to come to Canada illegally. He got aggressive one day and the police got called, they detained him and in the end was given a 1 year deportation order. In 2008 he got a DUI as well on top of the previous criminal record that he had (the first five years have passed since his first offence). My question is because Canada paid his flight back to his home country, is it true that he has to wait 5 years before he can come to Canada.

I never pressed charges on him, the province did put charges but my understanding is that they were dropped because he left the country when he was given the deportation order, so that i know of, in Canada, he doesn't have a criminal record. How will this effect his application if i try to sponsor him once more?

1. Your spouse got (from description an exclusion order) not a deportation order.
2. Another DUI, he is not eligible to apply for rehabilitation until 5 years have passed since the sentence for the last DUI. He is inadmissible to Canada until (or if ) is found to rehabilitated.
3. It is going to be refused again as he is inadmissible. And with a spousal assault added into the mix, I would not be very hopeful.

 

[iarblue]

He will not be accepted till 2014 and even then he has a criminal record here in Canada.Even though you did not press charges it does not matter in Canada this is not the States they dont require you to press charges he is charged the minute the police are called for a domestic assult trust me i know.And in the application layout it says if ou were charged or detained for assult on a spouse or family member you are not eligable.
So i hate to be the one to break the bad news but it loos like he seen Canada for his last time.BUT you can try it will be a waste of money.

 

[torresandino]

So even though he didn't get criminal charges in Canada it would still show in his criminal record? The immigration judge told him that if he left Canada that the charges that the province was pressing would be dropped. As for the DUI I have now found out that he has to wait until the 5 years pass which will be in 2013.

From the bit that I told of my case, you guys really think that there is no hope in him coming back? What if his life is in danger where he is, does that change things?

 

[iarblue]

Nope it does not change things.He has a criminal record.I dont know who told you his charges would be gone if he left canada.So your telling me if a man beats his wife and is charged all he has to do is lave canada and they will be dropped NEVER.The charges will always be on record.
Domestic abuse in Canada is worse than being caught with drugs.They do not take it lightly.Im sorry,you can try ut i promise yo he will never be let in.Even if he tries illegally again the chances he gets through customs (not likely)
And the thought that you woul let a man back in your life that abused you appauls me.Be glad they didnt put him in jail here for five years and as soon as he got out they deported him.
Sorry i have o sympathy for any man that raises his hands or attempts to towards a woman point blank.If someone did that to my daughters he would wish they deported him.

 

[torresandino]

iarblue i understand what you mean. I know I should not even think of taking him back into my life. I know he still has another 3 years before any paperwork can even get started.

As for the charges, I work in a law firm and have asked how it works. When he was arrested the police put charges on him, but just because the police put them it doesn't mean that he is criminally charged. A person is criminally charged when the Judge gives him/her a sentence. In this case Canada has no jurisdiction on him once he was deported, the only court that he went to was in front of the immigration judge, he never went in front of a judge for the criminal charges. From what i have found out is that he got an Exclusion Order, but from someone else said in my reply once you have been deported from Canada and specially with there being a record of spousal abuse towards me, it looks like he will never be able to enter Canada.

Thank you all for the answers to my question.

 

[iarblue]

Well i hate to say but i hope Canada never lets him in again we dont need his kind here.You cometo canada for a reason,for a better life,to be with the one you love,to get better money.
To come here and abuse the person who was willing to do this for you alarming.So he is exactly where he belongs where his is scared for his life just like he did to you.Like they say CARMA.

 

[torresandino]

iarblue, thank you for input, guess sometimes one forgets about things because of the love one has for another person. You are very right, it is CARMA. From all the research that i have done it looks like he will never be able to come to Canada even if he applies for the Authorization, i read that they have changed the rules to the application, before it was just a thing to file and was granted, now you have to prove you are worthy to come to Canada. And you're right, we come here to live a better life and have a better future.