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- 07-24-2009 07:15 AM #1
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sponsoring a spouse with a criminal record
Hello!
Past weeks im looking everywhere for answer of my question, but its hard to find it.
Im married to a canadian citizen and she will sponsor me for a permanent resident visa.Before that i have to find out what is the problem with my criminal record.I have been sentenced?convicted on a 4 months with 3 years conditional discharge (if i make a criminal act in the next 3 years im going in the jail for 4 months.) in April 2008. The criminal act was for public disorder,resisting arrest.it was involved violence and hitting a police officer (resisting arrest). if it was just public disorder the sentence would be not exceeding two years imprisoning( which in my case is first criminal act it should be just a penalty), but im under the second line which is 'imprisonment not exceeding 5 years'. i plead guilty and thats my first criminal act ,so that gave me conditioned discharge in 3 years.
i will be really grateful if somebody tell me what is the punishment for such act under the canadian law.is this summary conviction and can i have conditional discharge under the canadian laws.
Probably i need a lawyer who to find out exactly which is the canadian law, what would be my punishment, and do i need a rehabilitation papers when i go to the CIC office?
Thanks in advance!
Regards
Vladimir Hristev.
- 08-04-2009 02:50 AM #2
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Canada takes a very hard line stance against any criminal offences. Your offence would be an equitable offence in Canada. Now what is the equitable offence in Canada, and how would it be prosecuted?
After at least 5-10 years has passed (depending on the assessment of the crime and how it would have been sentenced according to Canadian Law) from the completion of any and all sentences imposed against you, you will be eligible to apply for rehabilitated status. Once you are considered rehabilitated, you can apply for permanent residence without being found inadmissible to Canada. Until that time it's almost certain you will be found criminally inadmissible and your permanent resident application would be refused.



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