Sponsor with criminal record

[Fromok]

Hi,

My husband is a Canadian. We wanted to apply for my PR under family class but we are not sure if he's eligible for the sponsorship since he has a criminal record in the US 3 years ago.

Is there anyone who has experience with this, please help us?

Thanks in advance.

 

[PMM]

Hi

Hi,

My husband is a Canadian. We wanted to apply for my PR under family class but we are not sure if he's eligible for the sponsorship since he has a criminal record in the US 3 years ago.

Is there anyone who has experience with this, please help us?

Thanks in advance.

It depends on what the criminal record was for, you cannot sponsor if"

you were convicted of a sexual offence or an offence against the person with respect to
- one of your family members or relatives,
- one of your spouse’s or common-law partner’s family members or relatives, or
- your conjugal partner or one of your conjugal partner’s family members or relatives,
unless you were granted a pardon or five years have passed after the expiration of the
sentence imposed on you;

PMM

 

[Fromok]

Hi PMM,

THanks for your response. I would like to discuss with you more details about our situation. Can I send you a private message?

Thank you,

FM

 

[Fromok]

Hi PMM,

How should I understand it? Does it imply any kind of sexual offence or only the offences against the person with respect to one of your family members or relatives, one of your spouse's or common-law partner's family members or relatives, or your conjugal partner or one of your conjugal partner's family members or relatives.

It's a bit confusing, dont you think?

 

[jambaloni]

It's fairly clear: if you have been convicted of any violent (i.e., assault) or *censored word*ual offense (of any kind) against any family member, you aren't eligible. If the conviction was more than 5 years ago and a pardon has been granted you may still be eligible.

Try various searches for relevant key words for case law interpretations of "family member". There is also a list of offenses in the OP2 but it's pretty clear what anything "violent" or "sexual" is to most of us and I think we all understand what a family member is.

http://www.canlii.org/en/index.php