criminal record help

[nicko]

cant seem to get a clear answer on this... i am a canadian citizen born to canadian parents.
i have a criminal record from 2006 it occured in canada. assault with a weapon, it resulted in bodily harm to a member of the family class. Sad
my question is if i get a record suspension can i sponsor my wife to come to canada???

if not is it better to get a study visa for my wife??
her ielts score 4.0 but she neglected to fill the last question out of frustration!!
can my father sponsor her for school esl or ielts course /show money / bank statements his account Huh
obviously i cant use mine... Cry

allready had a visitors visa turned down because she has no income or job. I support her fully.

any suggestions / experiences appreciated

 

[zardoz]

Reading the CIC website page at http://www.cic.gc.ca/english/immigrate/sponsor/spouse-apply-who.asp it only refers to "record suspension" in the case of "attempt or threat". You were convicted of "actual" assault. Therefore it would not be relevant.

 

[nicko]

forgive me but i cannot find that using that link

 

[zardoz]

Halfway down the page it says

They may have to get a police certificate in their home country. The instruction guides explain medical, criminal and background checks.

Sponsoring a spouse, partner or dependent child
Definitions

Click the little arrow by the "Sponsoring a spouse", or the text itself.

 

[nicko]

You may not be eligible to be a sponsor if you:

did not meet the terms of a sponsorship agreement in the past,
did not pay alimony or child support even though a court ordered it,
get government financial help for reasons other than being disabled,
were convicted of
an offence of a sexual nature,
a violent crime,
an offence against a relative that resulted in bodily harm or
an attempt or threat to commit any such offences, depending on the detailss of the case, such as
the type of offence,
how long ago it occurred and
whether a record suspension was issued (see Sponsorship bar for violent crime below),


ok i see but still not clear to me wether a convict can get rs then sponsor

 

[nicko]

is it better to get a study visa for my wife?? i mean rather than living apart our whole lives!

her ielts score 4.0 but she neglected to fill the last question out of frustration!! she is capable of a 5.5 which would maker her eligible for health care aide

can my father sponsor her for school esl or ielts course /show money / bank statements his account
obviously i cant use mine... or can I?

allready had a visitors visa turned down because she has no income or job. I support her fully.

any suggestions / experiences appreciated.

also will her son 5 yr old in philippines be enough of a tie that they will grant the visa ??

or if she takes a coures less than 6 months she dosent need a study permit?? but still needs a visa??

 

[nicko]

In some cases, you do not require a study permit to go to school in Canada.

If you wish to study in a short-term course or program
You do not need a study permit if you plan to take a course or program in Canada that lasts six months or less. You must complete the course or program within the period authorized for your stay in Canada.

Even if you do not need a study permit, it is a good idea to apply for a permit before you come to Canada. If you decide that you want to continue your studies in another program after you complete your short-term course or program, you must apply through a Canadian visa office outside Canada for a study permit if you do not already have one.

 

[zardoz]

Study http://www.cic.gc.ca/english/resources/manuals/ip/ip02-eng.pdf - Section 5.28 for the official information.

 

[zardoz]

Also read http://www.cic.gc.ca/english/resources/manuals/bulletins/2011/ob361.asp

 

[nicko]

5.28 mentions a 5 year ban not indefinite
They are convicted of a sexual
offence under the Criminal
Code [against anyone]; or
an offence [against the person]
under the Criminal Code
against a family member
Sponsors or co-signers convicted of either of these offences
where five years have not passed since the completion of the
sentence imposed, cannot sponsor unless:
• for convictions in Canada, they have been pardoned or
finally acquitted;
• for convictions outside 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 the purposes of calculating the five-year period above, a
sentence includes probation, suspended sentences and
intermittent sentences. However, conditional discharges and
absolute discharges should not be considered for the purposes

 

[zardoz]

I'm just pointing you in at the official information. I am not qualified to interpret it...
You should probably be talking to an immigration lawyer.

 

[itstime]

I'm just pointing you in at the official information. I am not qualified to interpret it...
You should probably be talking to an immigration lawyer.

I agree with Zardoz that you need to speak to an immigration lawyer. One based in Canada.

Even if your wife applies for a study permit they will find out that she is married to you. No matter what. That is a disadvantage as it will prove to immigration that she is not going to leave Canada after graduation and that she has strong ties to Canada.

So do what Zardoz said. Talk to an immigration lawyer.