Sponsor has dropped charges

[yuki_kjo]

I'm interested in obtaining residency through inland spousal sponsorship. My husband RCMP check under landing immigrant subsection went back to be positive.
This police clearance disclosed his two dropped assault charges which were terminated before judicial prosecution. Crown dropped it so there's no disposition however it makes his record looking NASTY. He didn't apply file destruction.
I'm very concerned about his eligibility as the sponsor. Will he be denied by IRCC due to criminal inadmissibility?
There is some background info about us. He's Canadian born and we had a long dating history also we had a formal wedding and honeymoon back in several years ago. Plus we have been traveling to serval countries.
Briefly read several posts from this forum I noticed there are some posts talking about similar issues.
Sponsor with charges definitely makes the whole application more difficult.
I assume I might receive a PFL or subjected to a scheduled interview or just get denied.
I also consulted his case with a lawyer, ironically my lawyer only told me something like all roads leads to Rome. There are other options besides spouse sponsorship. his comment sounds so cynical in my opinion.
I need some friendly suggestions.

 

[scylla]

I'm interested in obtaining residency through inland spousal sponsorship. My husband RCMP check under landing immigrant subsection went back to be positive.
This police clearance disclosed his two dropped assault charges which were terminated before judicial prosecution. Crown dropped it so there's no disposition however it makes his record looking NASTY. He didn't apply file destruction.
I'm very concerned about his eligibility as the sponsor. Will he be denied by IRCC due to criminal inadmissibility?
There is some background info about us. He's Canadian born and we had a long dating history also we had a formal wedding and honeymoon back in several years ago. Plus we have been traveling to serval countries.
Briefly read several posts from this forum I noticed there are some posts talking about similar issues.
Sponsor with charges definitely makes the whole application more difficult.
I assume I might receive a PFL or subjected to a scheduled interview or just get denied.
I also consulted his case with a lawyer, ironically my lawyer only told me something like all roads leads to Rome. There are other options besides spouse sponsorship. his comment sounds so cynical in my opinion.
I need some friendly suggestions.

Did the assault charges involve a family member or someone who he was dating / living with at the time? If the charges were dropped - there should be no issue with sponsorship. It's possible that the process will take longer and IRCC will request additional documentation if the assault involved a family member or someone who he was in a relationship with.

 

[yuki_kjo]

Did the assault charges involve a family member or someone who he was dating / living with at the time? If the charges were dropped - there should be no issue with sponsorship. It's possible that the process will take longer and IRCC will request additional documentation if the assault involved a family member or someone who he was in a relationship with.

Yes . In 2017 late October he was charge with uttering threats. It’s a domestic charge. I’m glad we worked this out through a reputable attorney.

No further information is available since his lawyer dropped it before the trail within a week, it’s crown’s desicision to stay of proceding.
Now his record shows that this charge has no potentials for sentencing.
Will it necessary for him to write an letter explaining what happened. He doesn’t want to overdo it as far as I concern.

 

[scylla]

Yes . In 2017 late October he was charge with uttering threats. It’s a domestic charge. I’m glad we worked this out through a reputable attorney.

No further information is available since his lawyer dropped it before the trail within a week, it’s crown’s desicision to stay of proceding.
Now his record shows that this charge has no potentials for sentencing.
Will it necessary for him to write an letter explaining what happened. He doesn’t want to overdo it as far as I concern.

Since it's a domestic charge, I think it would be a good idea to include a short explanation and also include all related court documents - especially those relating to the charges being dropped.

 

[yuki_kjo]

Since it's a domestic charge, I think it would be a good idea to include a short explanation and also include all related court documents - especially those relating to the charges being dropped.

Interesting , I still have no idea how this gonna affect my application . Officer may have personal bias on my case based on the information we offer. I feel this , because court / Ircc judgement is based on fairness. However , who will know whether officer will review his dropped assault charges based on fair of justice. It reminds unpredictable . Bad record is definitely a hassle.Perhaps due to culture difference, me and my Mr also have different understanding. I can imagine officer will review the applicant based on many factors such as the applicant’s country of origin , religion and whatsoever. Once I saw a post discussing about whether it will be more difficult for ppl coming from socialist countries to obtain status in Aus or Can.... indeed , the success of application is greatly depending on officer’s decision. Maybe he /she has a good day , your case will have a higher chance to be approved.

 

[scylla]

Interesting , I still have no idea how this gonna affect my application . Officer may have personal bias on my case based on the information we offer.

This has nothing to do with personal bias. If your husband had been convicted of the domestic assault - this would have prevented him from sponsoring you. In other words, he would not meet the requirements to sponsor. Since your husband was charged with domestic assault but those charges were dropped, normal procedure for IRCC is to review to ensure that all pending charges have in fact been dropped and there are no charges still outstanding. In other words, IRCC will need to review your application more closely to confirm your husband qualifies as a sponsor. So that's why I would expect longer processing times. Also, I would recommend you include all court documents up front since I suspect IRCC will ask for them later anyway.

 

[harshp]

Yes . In 2017 late October he was charge with uttering threats. It’s a domestic charge. I’m glad we worked this out through a reputable attorney.

No further information is available since his lawyer dropped it before the trail within a week, it’s crown’s desicision to stay of proceding.
Now his record shows that this charge has no potentials for sentencing.
Will it necessary for him to write an letter explaining what happened. He doesn’t want to overdo it as far as I concern.

Can u please update your status progress highly appreciated ??

 

[harshp]

This person has not posted on the forum since 2019. Not likely you will get a response.

if you have any idea please help

 

[harshp]

I'm interested in obtaining residency through inland spousal sponsorship. My husband RCMP check under landing immigrant subsection went back to be positive.
This police clearance disclosed his two dropped assault charges which were terminated before judicial prosecution. Crown dropped it so there's no disposition however it makes his record looking NASTY. He didn't apply file destruction.
I'm very concerned about his eligibility as the sponsor. Will he be denied by IRCC due to criminal inadmissibility?
There is some background info about us. He's Canadian born and we had a long dating history also we had a formal wedding and honeymoon back in several years ago. Plus we have been traveling to serval countries.
Briefly read several posts from this forum I noticed there are some posts talking about similar issues.
Sponsor with charges definitely makes the whole application more difficult.
I assume I might receive a PFL or subjected to a scheduled interview or just get denied.
I also consulted his case with a lawyer, ironically my lawyer only told me something like all roads leads to Rome. There are other options besides spouse sponsorship. his comment sounds so cynical in my opinion.
I need some friendly suggestions.

Hi can please update??? Hve u got your sponcership??? As I m in same boat... please update