Spousal sponsorship and criminal conviction

[Blossomgirl]

Hello All,

I am hoping that somebody can help me with some advice.

I have called the CIC several times, and they have directed me to their website, so I have had no firm resolution of my questions.

My situation is this. I came here in December to be with my boyfriend. I am an Australian citizen, and he is a Canadian citizen.

We would like to marry, and he would like to sponsor me, but he received a criminal conviction as a result of false allegations from a vindictive ex, and no proof of abuse was required, just her word.
My boyfriend had to plead guilty so that he could get on with his life and be able to work, as these cases can stay in the legal system for YEARS and that would have put him in limbo. He also has limited resources to pay for legal representation etc.

I understand that this conviction makes him inelligible to sponsor me as his wife, but I have NO criminal record, I have a clear criminal history.
Is there any other way we can do this?
If we marry can I be forced to leave the country? Is there a way that I could have extensions to my temporary visa granted ongoingly in order to stay?

Thank you so much for your responses. I love this man so dearly and we want to be together. I am devastated about all this.

Blossomgirl

 

[scylla]

I'll try to help a bit since you don't have any answers yet...

Unfortunately your clean record doesn't make a difference here. It's your boyfriend's record that matters. Are you certain he doesn't qualify to sponsor? I know financial resources are limited - but I think it would be a very good idea to at least have a consultation with an immigration attorney to discuss your situation.

Yes - if you marry, you can still be forced to leave the country. Being married does not grant you status in Canada or allow you to stay. You can certainly apply to extend your temporary visa (I assume you're here as a visitor). You would have to keep re-applying every six months as your status runs out and there's no guarantee of approval. Also, as a visitor, you won't be able to work or go to school - and you likely won't be covered by the health care system.

If you can find an employer who is willing to offer you a job and go through the Labour Market Opinion process (prove they could not find a Canadian to hire for the role and therefore had to hire a foreigner) - that would give you a way to stay longer temporarily. This is much easier said than done and the chances of success are much higher if you have niche/specialized experience or skills.

You may also want to start exploring if you qualify to immigrate to Canada independently (as a skilled worker). This is probably your best bet if you want to obtain permanent resident status as soon as possible. More informaiton is here (look at the requirements for the Federal Skilled Worker Program and the BC Provincial Nominee Program):

http://www.cic.gc.ca/english/immigrate/index.asp

A study permit would also allow you to stay longer temporarily. Downside is that you would have to show sufficient funds to support yourself and also pay the high foreign student fees.

Are you 30 or under? If so, you could apply for a working holiday visa (which would allow you to stay here for a year).

I would suggest moving to Australia. However I'm guessing your boyfriend's criminal conviction would be a problem there too from an immigration standpoint.

 

[Blossomgirl]

Thank you very much for that information Scylla. I appreciate it very much.

 

[mainbucha]

I don't know that much but I know one option instead of getting sponsored by your boyfriend. If you can go to any community college and complete one year education, i.e. 8 months then you will be eligible to apply for permanent residency on your own.

 

[scylla]

I don't know that much but I know one option instead of getting sponsored by your boyfriend. If you can go to any community college and complete one year education, i.e. 8 months then you will be eligible to apply for permanent residency on your own.

Unfortunately that's not quite correct. To qualify for Canadian Experience Class, you must graduate from a recognized post-secondary school in Canada and then additionally obtain one year of full-time skilled work experience.

 

[Blossomgirl]

I think that I may need to pay to have a consultation with an immigration lawyer as suggested.

Thanks so much for the input.

 

[computergeek]

Your boyfriend might also wish to investigate obtaining a pardon. See http://www.servicecanada.gc.ca/eng/goc/pardons.shtml.

If he is pardoned, then I would not expect his prior conviction to be an impediment to immigration.

 

[Blossomgirl]

Thanks computer Geek, for that info!