Please help me answer some of the questions I have pertaining to my citizenship application and eligibility.
I became a permanent resident in December 2019, technically I have the 1095 days required to be able to apply for citizenship.
However, in November 2022, I was charged with the following:
However I just went to court with my criminal lawyer and made an application to vary my probation order , the goal is to have my probation shortened or terminated so that I can apply for citizenship. I have completed all conditions on the probation order. The crown is offering to reduce my probation from 30 months to 22 months, which will then end my probation in September 2024. ( instead of May 2025).
Considering my charges and the fact that I have a conditional discharge and considering this rule ; " Time on probation as a result of a conditional discharge may count towards physical presence if the probation was completed successfully (i.e. you were not charged with a breach of probation or a failure to comply during that probation). This time does not have to be declared for the purposes of the physical presence calculator."
Therefore, how does this affect me? Do I have to declare it for the purpose of the physical presence calculator?
So If I wait for my probation to be terminated in September 2024 ( all the conditions as part of the conditional discharge have been completed), will I be able to apply right away?
Also I am trying to fight my case and potentially have my probation terminated at the earliest, potentially earlier than September 2024 , meaning less than 22 months ( which is what the crown is offering now) ... since I have already completed all the conditions, but I am not sure to get a favourable decision from the court as they are offering to take out 8 months from the original 30 months that i was ordered! The case is still pending.
Another question regarding the application form and this precise question, am I supposed to answer yes or no ? :
In the 4 years immediately before the date of your citizenship application, have you:
--Been convicted of an indictable offence under any Act of Parliament or an offence under the Citizenship Act?
Please consider that my offences were hybrid offences prosecuted by summary conviction.
Lastly, my PR card is expiring in January 2025, according to the immigration rules, we are supposed to apply 9 months before its expiry. If I apply in April 2024 which will be 9 months before the expiry, I will still be on probation.
As a result, Can I apply for a PR card renewal while on probation, or do I need to be discharged from the conditional discharge? Do the same rules apply for PR renewal and Citizenship application?
Thank you in advance for your time and effort by trying to answer my questions,
I became a permanent resident in December 2019, technically I have the 1095 days required to be able to apply for citizenship.
However, in November 2022, I was charged with the following:
- Guilty to Dangerous Driving (Conditional Discharge) under the Criminal Code. No fine. Probation for 30 months;
- Guilty to Driving with a Suspended Licence (under the Highway Traffic Act); $$ fine with 18 months to pay;
However I just went to court with my criminal lawyer and made an application to vary my probation order , the goal is to have my probation shortened or terminated so that I can apply for citizenship. I have completed all conditions on the probation order. The crown is offering to reduce my probation from 30 months to 22 months, which will then end my probation in September 2024. ( instead of May 2025).
Considering my charges and the fact that I have a conditional discharge and considering this rule ; " Time on probation as a result of a conditional discharge may count towards physical presence if the probation was completed successfully (i.e. you were not charged with a breach of probation or a failure to comply during that probation). This time does not have to be declared for the purposes of the physical presence calculator."
Therefore, how does this affect me? Do I have to declare it for the purpose of the physical presence calculator?
So If I wait for my probation to be terminated in September 2024 ( all the conditions as part of the conditional discharge have been completed), will I be able to apply right away?
Also I am trying to fight my case and potentially have my probation terminated at the earliest, potentially earlier than September 2024 , meaning less than 22 months ( which is what the crown is offering now) ... since I have already completed all the conditions, but I am not sure to get a favourable decision from the court as they are offering to take out 8 months from the original 30 months that i was ordered! The case is still pending.
Another question regarding the application form and this precise question, am I supposed to answer yes or no ? :
In the 4 years immediately before the date of your citizenship application, have you:
--Been convicted of an indictable offence under any Act of Parliament or an offence under the Citizenship Act?
Please consider that my offences were hybrid offences prosecuted by summary conviction.
Lastly, my PR card is expiring in January 2025, according to the immigration rules, we are supposed to apply 9 months before its expiry. If I apply in April 2024 which will be 9 months before the expiry, I will still be on probation.
As a result, Can I apply for a PR card renewal while on probation, or do I need to be discharged from the conditional discharge? Do the same rules apply for PR renewal and Citizenship application?
Thank you in advance for your time and effort by trying to answer my questions,
