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Can I apply for Canadian citizenship if I was arrested for domestic violence?

Christmas212

Newbie
Dec 17, 2023
2
0
I got my PR back in 2019 and arrived in Canada then. The following year me and my wife get into a huge fight and I lose control and it’s gets physical. She calls the police and I’m arrested. I spend the weekend, and show up to court on Monday. We’re ordered to be separated for 6 months. I was living in another apartment. We were allowed to see each other all day but couldn’t spend the night in the same house.
Anyways, my time to apply for citizenship has long passed I know but I’m not sure if I can due to these circumstances. This arrest is on my record.
 

mpkr

Member
Aug 7, 2019
10
0
Dear expert members,


To provide a brief overview of my situation, my sister became Permanent Resident in 2017. However, due to marital issues, she encountered legal complications during a visit to UK to meet her husband in July 2019, resulting in a criminal harassment conviction and a restraining order in UK also a fine. Then she returned to Canada in end july 2019 and she is working full time . Field her taxes and also running small business from past 4.5 years. In addition tot that she also did not leave Canada till today. Even though as per UK law it is summary but As per the Canadian criminal code of equivalency it is Hybrid offence but IRCC would consider it as indictable offence for immigration.

I have several inquiries regarding her immigration.

1. Can she apply for PR renewal which expired in October2022 from inside Canada with the UK conviction?

2. If PR renewal is not feasible, should she pursue a Temporary Resident Permit (TRP)?

3. What is the timeline for eligibility to apply for Canadian citizenship?

4. Do she need to seek criminal rehabilitation before applying for PR renewal or citizenship?

any insights about this matter would be greatly appreciated .

thank you in advance!
 

thisisauser

Hero Member
Nov 23, 2012
725
46
Visa Office......
CPC-Ottawa
I got my PR back in 2019 and arrived in Canada then. The following year me and my wife get into a huge fight and I lose control and it’s gets physical. She calls the police and I’m arrested. I spend the weekend, and show up to court on Monday. We’re ordered to be separated for 6 months. I was living in another apartment. We were allowed to see each other all day but couldn’t spend the night in the same house.
Anyways, my time to apply for citizenship has long passed I know but I’m not sure if I can due to these circumstances. This arrest is on my record.
I don't believe a past arrest alone is enough. More important is whether you've been convicted of an indictable offence. See this page:
https://www.canada.ca/en/immigration-refugees-citizenship/services/canadian-citizenship/become-canadian-citizen/eligibility/situtations-prevent-citizenship.html

Follow the links for the definitions and details. Consult a lawyer if needed.
 

foodie69

VIP Member
Dec 18, 2015
3,101
934
Dear expert members,


To provide a brief overview of my situation, my sister became Permanent Resident in 2017. However, due to marital issues, she encountered legal complications during a visit to UK to meet her husband in July 2019, resulting in a criminal harassment conviction and a restraining order in UK also a fine. Then she returned to Canada in end july 2019 and she is working full time . Field her taxes and also running small business from past 4.5 years. In addition tot that she also did not leave Canada till today. Even though as per UK law it is summary but As per the Canadian criminal code of equivalency it is Hybrid offence but IRCC would consider it as indictable offence for immigration.

I have several inquiries regarding her immigration.

1. Can she apply for PR renewal which expired in October2022 from inside Canada with the UK conviction?

2. If PR renewal is not feasible, should she pursue a Temporary Resident Permit (TRP)?

3. What is the timeline for eligibility to apply for Canadian citizenship?

4. Do she need to seek criminal rehabilitation before applying for PR renewal or citizenship?

any insights about this matter would be greatly appreciated .

thank you in advance!
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