Citizenship application with active peace bond

[Faheem00]

I am no expert. I am especially NOT qualified to evaluate and give an opinion about any particular individual's case. As noted in the post you quote (which was made many years ago), there are many variables, not all situations are the same. The details in your specific case are what matter.

I do not how the peace bond in your situation affects you. It depends. At this stage you can either follow the directions you get from IRCC and respond to all requests accordingly, and see where things go, OR you could pay for a consultation with a lawyer to review all the relevant information and give you an opinion about what to do next.

That said, the peace bond itself will not likely resolve questions, IF there are questions. Generally a certified copy of the official court records will provide IRCC with the information it needs, IF IRCC needs more information.

CAUTION: Sometimes an active peace bond means a criminal case is still technically pending, the completion of the terms of the peace bond a condition for whatever final disposition is provided for. This is NOT always the case and maybe not even usually the case; again, these things vary considerably. But if, for example, if there was a criminal charge for a hybrid or indictable offence, and it is still technically pending, pending the completion of conditions such as those prescribed in a peace bond, that could constitute a prohibition and, more problematically, should have been disclosed in the application (disclosing what resulted in the peace bond more than just the fact of a peace bond). If you are certain there is NO outstanding criminal offence charge (that if there was a criminal charge, for example, it has been conclusively discharged), there should be nothing to worry about. If there was a conditional discharge, unless all the conditions have been completed satisfactorily (which most likely means that the terms of any accompanying peace bond are completed, done), so that the discharge itself is FINAL, I do not know whether there might be an issue -- main thing is whether there is a criminal charge involved and if so, what that is and what the precise disposition of it is. The latter would be part of the official court records.

Thanks for the detail reply. In my case only thing is active is the peace bond. All charges are withdrawn, and need to maintain peace for another 6 months. My lawyer said there’s should be no issue with relates to immigration or citizenship. I am only confused, when they asked in the form are you now charged with and I said no. Cz I’m not now, I was charged and it’s withdrawn with peace bond. I wanted to attach peace bond along with application but it was no where asked so I didn’t. In my understanding I’m not now charged with anything. I was wondering just incase if I send them copy of peace bound or should I wait for them to ask me for copy if they needed.

 

[dpenabill]

Thanks for the detail reply. In my case only thing is active is the peace bond. All charges are withdrawn, and need to maintain peace for another 6 months. My lawyer said there’s should be no issue with relates to immigration or citizenship. I am only confused, when they asked in the form are you now charged with and I said no. Cz I’m not now, I was charged and it’s withdrawn with peace bond. I wanted to attach peace bond along with application but it was no where asked so I didn’t. In my understanding I’m not now charged with anything. I was wondering just incase if I send them copy of peace bound or should I wait for them to ask me for copy if they needed.

I am no expert. And I am for sure NOT anywhere near as good a source as an immigration lawyer. Not as good a source as a criminal defense lawyer either.

I do not know why IRCC would ask for a copy of the peace bond. It is not likely that is what matters.

Since there were charges, which you say have been withdrawn, IRCC might want a copy of the certified court record showing that disposition, to verify that the charges have been withdrawn. That is what matters. (Recognizing that it is likely the charges are what triggered the finger print request, although there are many other reasons why this or that applicant is asked to provide fingerprints.)

And if you are certain the charges are now actually and fully withdrawn, and were withdrawn as of when you applied for citizenship, you should be able to just wait to see what IRCC asks for, IF anything. That said, it might be a good idea to obtain a certified copy of the court records showing the charges as withdrawn to have to submit to IRCC quickly just in case IRCC asks for the court records.

CAVEATS: different terms or words can be used in criminal cases, which is in part why IRCC might want to see a copy of the court records showing the final disposition, to see precisely what that disposition was. And how these things work in the courts can vary quite a bit depending on the particular court involved. It appears, for example, it can vary as to when a conditional discharge will show (in the court records) as final, the charges fully discharged (or withdrawn), in many cases that being when the deal is made of record in the court, or not until later when the conditions are all satisfied.

And take note that criminal defense lawyers are often not well informed about how criminal cases will have collateral consequences in regards to immigration. Unless the criminal defense lawyer is also experienced, or at least well acquainted with immigration law, it is wise to get direct advice from an immigration lawyer. (That said, if the court records show the charges are actually, fully withdrawn, no need to get an immigration lawyer's advice confirming they then have no impact on PR status or an application for citizenship; the only question is verifying the charges are in fact fully withdrawn.)

 

[Faheem00]

I am no expert. And I am for sure NOT anywhere near as good a source as an immigration lawyer. Not as good a source as a criminal defense lawyer either.

I do not know why IRCC would ask for a copy of the peace bond. It is not likely that is what matters.

Since there were charges, which you say have been withdrawn, IRCC might want a copy of the certified court record showing that disposition, to verify that the charges have been withdrawn. That is what matters. (Recognizing that it is likely the charges are what triggered the finger print request, although there are many other reasons why this or that applicant is asked to provide fingerprints.)

And if you are certain the charges are now actually and fully withdrawn, and were withdrawn as of when you applied for citizenship, you should be able to just wait to see what IRCC asks for, IF anything. That said, it might be a good idea to obtain a certified copy of the court records showing the charges as withdrawn to have to submit to IRCC quickly just in case IRCC asks for the court records.

CAVEATS: different terms or words can be used in criminal cases, which is in part why IRCC might want to see a copy of the court records showing the final disposition, to see precisely what that disposition was. And how these things work in the courts can vary quite a bit depending on the particular court involved. It appears, for example, it can vary as to when a conditional discharge will show (in the court records) as final, the charges fully discharged (or withdrawn), in many cases that being when the deal is made of record in the court, or not until later when the conditions are all satisfied.

And take note that criminal defense lawyers are often not well informed about how criminal cases will have collateral consequences in regards to immigration. Unless the criminal defense lawyer is also experienced, or at least well acquainted with immigration law, it is wise to get direct advice from an immigration lawyer. (That said, if the court records show the charges are actually, fully withdrawn, no need to get an immigration lawyer's advice confirming they then have no impact on PR status or an application for citizenship; the only question is verifying the charges are in fact fully withdrawn.)

Again thanks for detailed reply.
I already have the court order and it clearly say charges withdrawn/dismissed. Only thing of the order is to maintain peace.

 

[semabloo]

Thank you so much for the reply.
The crown has offered only PARS and upon completion of PARS the charges will be dropped and no peace bond after that.
Hi, Did your friend needed to accept the guilt before accepting PARS?Please reply -> My friend situation is same ,he is offered PAR only and no peacebond.

In regards to the background check, will it affect other employment and renting a house apart from Uber and Lyft.

Please update once you are able to cross the border.
Did your friend got USA visa?

Thanks again for clearly answering all the queries.

 

[FlyHigh!]

1- Yes you need to accept the guilt (but its not going to harm you or show up anywhere. Its for the court records only) only then you will be entered into the PARS and upon completion will be awarded peace bond depending on the situation and if there is no peace bond than its a great deal you don't have to wait for a year to apply for records punge (removal of the mug shot and finger prints)

2- renting a place shouldn't be an issue for employment Yes it is an issue if they conduct a background check. For retail jobs and companies its usually ok but for financial institutions it's not

3- already had the visa but waited to get over with it got the certificate from Police that the records are punged only then traveled to be on a safe side hope it helps

 

[semabloo]

1- Yes you need to accept the guilt (but its not going to harm you or show up anywhere. Its for the court records only) only then you will be entered into the PARS and upon completion will be awarded peace bond depending on the situation and if there is no peace bond than its a great deal you don't have to wait for a year to apply for records punge (removal of the mug shot and finger prints)
What was in Court deposition/disposition document once everything got over? did it mentioned about early intervention or PARS or just only "Withdrawn"

2- renting a place shouldn't be an issue for employment Yes it is an issue if they conduct a background check. For retail jobs and companies its usually ok but for financial institutions it's not

3- already had the visa but waited to get over with it got the certificate from Police that the records are punged only then traveled to be on a safe side hope it helps

 

[FlyHigh!]

Early intervention and PARs will be mentioned as conditions to meet in order to get the charges dropped

 

[semabloo]

Early intervention and PARs will be mentioned as conditions to meet in order to get the charges dropped

Sorry to bother you, did it also included either final deposition document or the court packet about admission of guilt which you signed?

 

[FlyHigh!]

No it was 1 form only

 

[semabloo]

No it was 1 form only

It's Strange ...admission of guilt/guilty-plea happens only in case of Conditional discharge for PAR program.
Peace bond itself means not admission of guilt and you said for PAR program you accepted the guilt.
PAR program+peace bond will become aceept guilt and then no guilt.

Are you sure that you signed guilt acceptance for PAR with peacebond. ?