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PR application with Conditional Discharge Assault Sec 266 cc International post Graduate

Theloner

Member
Oct 21, 2021
15
0
Hi all,
I am just a newbie here, back in 2019 i had a fight with my girlfriend and received Conditional Discharge with 1 year probation for domestic violence as she was looking for restraining order. Recently i applied work permit extension due to my passport expiry I already have Work permit AOR i believe but didn't received a physical copy yet. And also i applied for PR under BC PNP International post Graduate paper based application. Back in April 2020, Recently IRCC asked mw to do PCC check as i mentioned my arrest to them. My RCMP finger print police certificate shows my positive match and it clear showing my charge ASSAULT SEC 266 CC on page 1 and next page it gives information such as Fail to comply recognizance or undertaking SEC 145(3) CC -Stay of proceedings on page 2
.i have received AOR already for my PR application. Just to be in a safe side , do i still need to worry about not getting PR ? AS My lawyer told me that its not going to affect my status in canada and my PR process back in 2019. But i m confused now and looking for urgent advice
Thank you kindly
-theloner
P.S: i used to be international student and now i am on Post graduate work permit. ( implied status due to passport expiry)
 

k.h.p.

VIP Member
Mar 1, 2019
8,810
2,248
Canada
You're not eligible for PR with that criminal record until the conditions of the discharge have been met. If the conditions of the discharge are met, then that should not pose an issue.

Be prepared for IRCC to ask many questions about this - you will probably want a lawyer to help you through this process.
 

k.h.p.

VIP Member
Mar 1, 2019
8,810
2,248
Canada
If your criminal record check includes a notation of failure to comply with recognizance or undertaking, this means you violated your conditional discharge OR another charge and that is very concerning.
 

Theloner

Member
Oct 21, 2021
15
0
I have done my probation period as it was in 2019 and it end on September 2020.
It does say failure to comply

It onlt give extra information such as

Fail to comply recognizance or undertaking SEC 145(3) CC -Stay of proceedings

That's it.
While dealing with lawyer back in 2019 my exgf called me and we met while we were in probation period and somehow got arrested that day. But it was all before the hearing. As i don't have any criminal record but pled guilty on lesser offence. Thus i should not have any conviction record and criminal record as well as per my lawyer back in 2019.
 

Theloner

Member
Oct 21, 2021
15
0
You're not eligible for PR with that criminal record until the conditions of the discharge have been met. If the conditions of the discharge are met, then that should not pose an issue.

Be prepared for IRCC to ask many questions about this - you will probably want a lawyer to help you through this process.

I have been discharged back in 2020 and while checking RCMP finger print record my discharged showed up that record as its a positive match.
I applied for record suspension but as it's a Conditional Discharge it's been told to me that it will get automatically distroyed after 3 years
 

Raj6884

Newbie
Aug 7, 2022
9
1
Hi all,
I am just a newbie here, back in 2019 i had a fight with my girlfriend and received Conditional Discharge with 1 year probation for domestic violence as she was looking for restraining order. Recently i applied work permit extension due to my passport expiry I already have Work permit AOR i believe but didn't received a physical copy yet. And also i applied for PR under BC PNP International post Graduate paper based application. Back in April 2020, Recently IRCC asked mw to do PCC check as i mentioned my arrest to them. My RCMP finger print police certificate shows my positive match and it clear showing my charge ASSAULT SEC 266 CC on page 1 and next page it gives information such as Fail to comply recognizance or undertaking SEC 145(3) CC -Stay of proceedings on page 2
.i have received AOR already for my PR application. Just to be in a safe side , do i still need to worry about not getting PR ? AS My lawyer told me that its not going to affect my status in canada and my PR process back in 2019. But i m confused now and looking for urgent advice
Thank you kindly
-theloner
P.S: i used to be international student and now i am on Post graduate work permit. ( implied status due to passport expiry)
Hi have your received pr I'm also on same situation
 
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