Spocor is incarcerated. Help

[ahmedwaly]

Apparently not! They have placed him in prison and the spouse can’t work. Not a lot of mercy in that.



There isn’t a lot of room in a process for that. They follow specific procedures. Compassion isn’t always something that oozes from IRCC. Stating fact doesn’t necessarily equal to not caring or having any compassion.

I agree with you in that as they destroy the family when took him as he is the only one can work and I doubt if they will give her exceptional work permit.
But I guess she should consult lawyer about it to get work permit or release him as he works for the family . But I guess he was not respecting the house arrest to work for the family. Is bad situation

 

[canuck78]

Do you have proof that he cheated or even convicted in big crime if he not want her he can easily withdraw the sponsorship and kick her out so easy , so please not appoint yourself as judge as even Law givers have more mercy than you , look at the situation as a human not as computer. Plus why you not consider that she want take the child and run while the father is not there so this gives idea she is the one with bad intentions.

The OP stated that there had been a problem with infidelity. Not sure why you keep defending this guy. He was charged with burglary then fled to another province. Not some outstanding guy. Given that she can't work and will likely not be able to be sponsored she should get custody so she can return to her home country and make a life for her and her child. She can figure out custody/visitation when the trial or prison sentence is over. That is if the father wants to be part of their child's life. Still confused as to how the child was born in Canada given she doesn't have any status in Canada. How long has the mom been in Canada. Was she in Canada legally the whole time? Guessing they also may have an outstanding hospital bill as well.

 

[pirchcom]

The mother was here on a work permit and has been in Canada 4 years.but now she has no status.

 

[JulianaAndrew]

I agree with you in that as they destroy the family when took him as he is the only one can work and I doubt if they will give her exceptional work permit.
But I guess she should consult lawyer about it to get work permit or release him as he works for the family . But I guess he was not respecting the house arrest to work for the family. Is bad situation

Are you for real? They destroy the family? So he's not accountable for his actions according to you? In what kind of world does your mind live in? Although I guess common sense isn't really that common, right? You definitely hit the jackpot.

 

[Rob_TO]

I am asking for a friend of my wife. Here is the situation.

They have a child 2 Y/O
He is the sponcor

They have applied for her PR and are waiting results . He has been on house arest and has recently been jailed for not complying with the house arest etc.

She would like to know if she can get a passport for her child in case she will be sent home.

The marrage is not in good shape due to his infidelety etc and she is scared he will try and send her back home and keep the the child here in Canada.

Any help would be appreciated. She is broke and scared and has no body to help her.

FYI a sponsor being in prison would immediately make him ineligible for sponsorship, regardless of what he was in prison for. All of the below conditions must be met at time of app, and up until the applicant actually lands as a PR. If any of the below things happen during app processing, IRCC must be notified else it would be considered misrepresentation.
https://www.canada.ca/en/immigratio...ship/spouse-partner-children/eligibility.html
Who can’t become a sponsor
You can’t be a sponsor if you:

• have failed to pay:
  • an immigration loan
  • a performance bond
  • family support payments
• have failed to provide for the basic needs of a previously-sponsored relative who received social assistance
• are under a removal order
• are in a penitentiary, jail, reformatory or prison
• receive social assistance for a reason other than a disability
• are still going through the process of bankruptcy (undischarged bankruptcy)
• were sponsored by a spouse or partner and you became a permanent resident less than five years ago

 

[Sous02]

FYI a sponsor being in prison would immediately make him ineligible for sponsorship, regardless of what he was in prison for. All of the below conditions must be met at time of app, and up until the applicant actually lands as a PR. If any of the below things happen during app processing, IRCC must be notified else it would be considered misrepresentation.
https://www.canada.ca/en/immigratio...ship/spouse-partner-children/eligibility.html
Who can’t become a sponsor
You can’t be a sponsor if you:

• have failed to pay:
  • an immigration loan
  • a performance bond
  • family support payments
• have failed to provide for the basic needs of a previously-sponsored relative who received social assistance
• are under a removal order
• are in a penitentiary, jail, reformatory or prison
• receive social assistance for a reason other than a disability
• are still going through the process of bankruptcy (undischarged bankruptcy)
• were sponsored by a spouse or partner and you became a permanent resident less than five years ago

Remand is not considered prison as the person has not yet been found guilty. I suspect CIC can not hold remand against a person however they may find other ways like delaying it until resolution.

 

[Buletruck]

Remand is not considered prison as the person has not yet been found guilty.

He's already been under house arrest and was imprisoned for breaching conditions. I doubt that is considered remand as he's been convicted.