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permenent residence re-enter canada with criminal charged

GiaAn

Newbie
Jan 5, 2018
9
0
hi every one. i have a question that bothering me which cannot lead me any decition. I'm a permenent residence in canada, i have a criminal charge which still pending. Question is Do CbSA knows my pending charge and report to immigration if i re-enter canada after travelling.will i be deny to entry at airport. Thabk you so much
 

GiaAn

Newbie
Jan 5, 2018
9
0
It's in canada. dui cause body harm
Driving under influence caused body harmful. I want to go back to my country. Just wonder, if cbsa deny me for re-entry to canada and report to immigration.. Trial date is in July.
 

Buletruck

VIP Member
May 18, 2015
6,682
2,530
They will know about it. Since you haven’t been to trial you aren’t guilty of anything. Shouldn’t be a problem unless you miss your trial and the put a warrant out for your arrest. Even then they can only detain you and request the RCMP, etc to pick you up (and only if they want to).
 
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GiaAn

Newbie
Jan 5, 2018
9
0
They will know about it. Since you haven’t been to trial you aren’t guilty of anything. Shouldn’t be a problem unless you miss your trial and the put a warrant out for your arrest. Even then they can only detail you and request the RCMP, etc to pick you up (and only if they want to).
Thank you so much. I'm glad to see this explanation. 1 more thing, will they inform immigration about my charge ? Or that's not their job
 

Buletruck

VIP Member
May 18, 2015
6,682
2,530
Again, it’s a charge. No verdict yet. If you are found guilty, IRCC will know about it through the courts. Your concern should be how they will address it at a later date (like when you renew your PR card or apply for citizenship).
 
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GiaAn

Newbie
Jan 5, 2018
9
0
Again, it’s a charge. No verdict yet. If you are found guilty, IRCC will know about it through the courts. Your concern should be how they will address it at a later date (like when you renew your PR card or apply for citizenship).
Thanks again for you're help. Very appreciate
 

canuck78

VIP Member
Jun 18, 2017
52,969
12,771
You should also find out whether there are restrictions on your ability to travel in your bail conditions. Often you are not allowed to leave Canada.
 
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GiaAn

Newbie
Jan 5, 2018
9
0
You should also find out whether there are restrictions on your ability to travel in your bail conditions. Often you are not allowed to leave Canada.
They don't say anything about leaving country. And don't ask to give up passport. Maybe they're not do it yet or forgot.
 

spousalsponsee

Hero Member
Apr 21, 2017
573
170
hi every one. i have a question that bothering me which cannot lead me any decition. I'm a permenent residence in canada, i have a criminal charge which still pending. Question is Do CbSA knows my pending charge and report to immigration if i re-enter canada after travelling.will i be deny to entry at airport. Thabk you so much

Until your trial, you are presumed innocent until found otherwise. You can re-enter Canada freely if you are outside. As noted above, there may be restrictions on your travel if they don't trust you to come back.

If you are convicted, DUI causing bodily harm is an indictable offence with a maximum punishment of 10 years in jail. Either part of that would render you inadmissible to Canada, and you could lose your PR status (inadmissible for criminality if convicted of an indictable offence, inadmissible for serious criminality convicted of an offence punishable by 10 years in jail).
 
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GiaAn

Newbie
Jan 5, 2018
9
0
Until your trial, you are presumed innocent until found otherwise. You can re-enter Canada freely if you are outside. As noted above, there may be restrictions on your travel if they don't trust you to come back.

If you are convicted, DUI causing bodily harm is an indictable offence with a maximum punishment of 10 years in jail. Either part of that would render you inadmissible to Canada, and you could lose your PR status (inadmissible for criminality if convicted of an indictable offence, inadmissible for serious criminality convicted of an offence punishable by 10 years in jail).
Very clear. That' mean I can be deportrd if found guilty. Is there any chance to consider the deportation by family factor such as kids, wife who need my supported of living
 

spousalsponsee

Hero Member
Apr 21, 2017
573
170
Very clear. That' mean I can be deportrd if found guilty. Is there any chance to consider the deportation by family factor such as kids, wife who need my supported of living
This will be considered by the delegate reviewing your case if it becomes an issue. If you are convicted, and if you therefore become ineligible, and if this leads to IRCC reconsidering your status (none of which are known at this point), then the officer will weigh up the risk you pose to Canadians against the detriment to your children, and could decide either way in their best judgement.
 
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