Who can Sponsor - Changes to the Regulations

[angelbrat]

No. These are PROPOSED changes to the current laws. The changes are NOT the law yet.

Thank you rejessome for the great info you provide. Once again, I will watch with interest. While I agree in principle to the changes, I can also see how rigid they are.

Interesting that the government see sponsoring as a privilege.

 

[missmini]

yeah thank u rjessome for sharing

i'm still confuse with this:

"Exceptions under subsections 133(2) and 133(3) will still apply. Subsection 133(2) allows sponsorship to proceed when the conviction occurred in Canada and the individual has received a pardon, has been acquitted, or where 5 years have elapsed since the completion of the imposed sentence. Subsection 133(3) allows sponsorship to proceed when the conviction occurred outside Canada and the individual has been acquitted, or where 5 years have elapsed since the completion of the imposed sentence."

sorry, sometimes my English is not at very high standards to understand their wording :-X does acquitted mean that u have been found not guilty, or u did ur sentence or what? (i focus on the outside Canada stuff)...i'm not in trouble until today and hope i'll never b :-\ but i know in some places anyone could easily be - what will happen if u r found guilty in a country of something which in Canada is not an offense? do u still have to wait 5 years?

 

[rjessome]

yeah thank u rjessome for sharing

i'm still confuse with this:

sorry, sometimes my English is not at very high standards to understand their wording :-X does acquitted mean that u have been found not guilty, or u did ur sentence or what? (i focus on the outside Canada stuff)...i'm not in trouble until today and hope i'll never b :-\ but i know in some places anyone could easily be - what will happen if u r found guilty in a country of something which in Canada is not an offense? do u still have to wait 5 years?

Yes, acquitted mean found not guilty. And yes, you are right that there are some things that are considered "criminal offences" in other countries that are not a criminal offence in Canada. The opposite may also be true in that some serious offences in Canada may not be held to the same level in other countries under their criminal code. However, this particular law is about violence, something that causes bodily injury or harm to another person, OR the threat to do that. One would think that most countries have laws against violenct actions and/or behaviour. For immigration purposes (not just this law) when an offence occurs in another country, it is measured against the Criminal Code of Canada to determine what it would be "if committed in Canada" and then that is considered in application of the immigration laws. This comparison to the CCC not only measures the offence but also the punishment if convicted in Canada.

For example, being gay or in a same sex relationship is a criminal offence in several countries but not in Canada. If a person was convicted of being gay in their home country, even though it would show on their police certificate from their home country, it is NOT a criminal offence in Canada and would not be applied negatively against them for the purposes of immigration to Canada. On the other hand, let's say someone was convicted of beating his wife in his home country where, sadly, this may not be considered a serious offence and were given a light sentence of no sentence at all, just a warning or a fine. We take this offence quite seriously in Canada and even though the home country's maximum penalty may be a fine, when compared with the CCC it may make them inadmissible (in the case of applying for PR) or unable to sponsor (in the case of applying to be a sponsor).

 

[missmini]

thank u rjessome for making it simple and easy to understand...so very true, conjugal violence, harassment are not taken seriously in other countries and i'm glad Canada is taking it so seriously on the other hand, i could think of hundreds of other examples of criminal offenses in other restrictive countries which in Canada are not...it's good to know those offenses would not stop a poor couple applying to sponsorship