Does a criminal charge affect pr application

[FrustratedPRApplicant]

Hi,

I was charged with a minor assault charge last week even though I am innocent. I will be fighting this in court and have to provide my fingerprints in May. Currently, I have a PR application submitted in June 2020 which is being processed and has been delayed due to covid-19 just like many others. Does anyone know if this charge can delay my application in any way and if so, how will it delay it? My application status is listed below:

- Eligibility - Passed
- Medical - Passed
- Criminal - In progress
- Security - Not started

I provided my fingerprints on November 18.

@legalfalcon: Would you be able to provide an answer?

Thanks,

 

[legalfalcon]

Hi,

I was charged with a minor assault charge last week even though I am innocent. I will be fighting this in court and have to provide my fingerprints in May. Currently, I have a PR application submitted in June 2020 which is being processed and has been delayed due to covid-19 just like many others. Does anyone know if this charge can delay my application in any way and if so, how will it delay it? My application status is listed below:

- Eligibility - Passed
- Medical - Passed
- Criminal - In progress
- Security - Not started

I provided my fingerprints on November 18.

@legalfalcon: Would you be able to provide an answer?

Thanks,

Yes, you have to disclose if you have been charged or convinced. It will depend on the final outcome of the case, whether you are acquitted or convicted, and also what the charge was and how it corresponds to the same offence under the Canadian Criminal Code.

See https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/inadmissibility.html

 

[FrustratedPRApplicant]

@legalfalcon I'm a CEC inland applicant. My lawyer informed me that they would be notified automatically. Do I still have to notify them? and will they notify me if my application is put on hold?

 

[legalfalcon]

@legalfalcon I'm a CEC inland applicant. My lawyer informed me that they would be notified automatically. Do I still have to notify them? and will they notify me if my application is put on hold?

YEs, you have an obligation to inform IRCC. IF you are inland, during your biometrics scan IRCC will come to know, but you too have an obligation to inform.

 

[PR0099]

@FrustratedPRApplicant - Hi, just wondering what happened to your PR application, I'm also in a similar situation

 

[FrustratedPRApplicant]

@PB0099 I receive my PR after quite some time. Just ensure that you provide updates to IRCC pertaining to those charges

 

[PR0099]

@FrustratedPRApplicant @legalfalcon Hi, I have work permit application in processing as well which I submitted couple of months ago and I was arrested last week for the domestic assault.

Work permit application progress so far-
Eligibility - not started yet
Background check - in progress
Criminality - Passed

Fingerprints for criminal record and first court date are scheduled this week, Do you think this arrest would result in work permit refusal or would they pause the processing until this assault case is sorted in the court?

 

[PR0099]

@legalfalcon would really appreciate your thoughts on this.
Thanks in advance

 

[legalfalcon]

@legalfalcon would really appreciate your thoughts on this.
Thanks in advance

Can you provide more details, such as in which country you were arrested and you were charged? is the matter proceeding to the Court?

If you have been charged, you will have to inform IRCC immediately, as that is a statutory question in the application.

The answer to the remaining things will depend on more details.

 

[PR0099]

Can you provide more details, such as in which country you were arrested and you were charged? is the matter proceeding to the Court?

If you have been charged, you will have to inform IRCC immediately, as that is a statutory question in the application.

The answer to the remaining things will depend on more details.

I was charged and arrested for domestic assault here in Ontario last month and have been asked to live separately from my wife. I gave my fingerprints and my first court date is scheduled this week.
WP renewal application was submitted more than a month before this arrest took place.
Criminality stage of my wp application has already been passed
since this is not a PR application just wondering if I have obligation to inform IRCC of this charge and arrest?

If I do inform, would they pause the processing or just refuse my wp renewal application?

 

[legalfalcon]

I was charged and arrested for domestic assault here in Ontario last month and have been asked to live separately from my wife. I gave my fingerprints and my first court date is scheduled this week.
WP renewal application was submitted more than a month before this arrest took place.
Criminality stage of my wp application has already been passed
since this is not a PR application just wondering if I have obligation to inform IRCC of this charge and arrest?

If I do inform, would they pause the processing or just refuse my wp renewal application?

If you have a court date, you have been charged, most likely under section 266 of the Criminal Code - assault. If it was a serious assault, it could be assault causing bodily harm.

You do have an obligation to inform IRCC, irrespective of whether it is a PR or TRV.

Also, the final decision on criminality will depend on how the matter is resolved, whetheryou receive a conditional discharge, absolute discharge or a conviction. Get a criminal lawyer, and also contact an immigration layer to help you navigate the immigration application.