I have been arrested & detained for domestic assault. Will this affect my PR process.

[moscatojuices]

@scylla @canuck78 .. Thank you for your help with my situation. I am happy to update that everything worked out fine in the end. Case was dropped by prosecutor and PR status had no issues.

Now we are eligible to apply for citizenship. I have some questions in the application form. Below is some context.

(I was arrested on a Friday. So had to be in jail for Saturday and Sunday. Monday I got bail and was out Monday evening. During that time they took my mugshot and fingerprints. I found a lawyer and he took my case, first court appearance we got permission to live together, then a cooling off period for 4 months and case was dropped by prosecutor on the second court date. We both did not appear for second court appearance, my lawyer called and informed me that the case was dropped)


In the citizenship form, there is a question whether I was imprisoned or time spent in jail.

Q: Do I have a criminal record ? (IMO, there is no criminal record as there was no conviction) but maybe fingerprint records ?
Q: I have to say yes to time spent in jail and give 3 days ? (Friday late night, Sat & Sunday in Jail, Monday in court, Bail on Monday evening)
Q: Should I have to explain what was imprisonment for ?
Q: Should I get a court transcript and attach it to prove case was dropped by prosecutor along with the application ?
Q: OR I apply now for citizenship and get court transcript later so that if CIC asks, I can submit it ?
Q: Do I have a criminal record ? Should I erase my fingerprint records ?

You are the luckiest person in Canada to keep your PR after what you went through. Thank that dumb prosecutor for failing at his job, or not having enough evidence to back it up.

If you have no criminal conviction, then you obviously have no criminal record. It would be no. OBVIOUSLY you need to disclose you spent time in jail, don't explain anything, let any court documents/paperwork you got from the police do the talking. Under no circumstances should you try and manipulate IRCC with your own narration of the event. The fact is you were jailed but not prosecuted, so I think you're fine, the court records will show what happened and no conviction was recorded.

Also one does not simply erase their fingerprint records, it is being held by the Government of Canada like your biometrics because you were charged with a crime. You never get to erase this, don't even ask.

 

[bubagump]

You are the luckiest person in Canada to keep your PR after what you went through. Thank that dumb prosecutor for failing at his job, or not having enough evidence to back it up.

If you have no criminal conviction, then you obviously have no criminal record. It would be no. OBVIOUSLY you need to disclose you spent time in jail, don't explain anything, let any court documents/paperwork you got from the police do the talking. Under no circumstances should you try and manipulate IRCC with your own narration of the event. The fact is you were jailed but not prosecuted, so I think you're fine, the court records will show what happened and no conviction was recorded.

Also one does not simply erase their fingerprint records, it is being held by the Government of Canada like your biometrics because you were charged with a crime. You never get to erase this, don't even ask.

Well the prosecutor did not have any meat on the case to get a conviction. When all is said and done, we as a family went thru trauma together and lost $10K for the fees and other expenses of living separately for a while.

 

[moscatojuices]

Well the prosecutor did not have any meat on the case to get a conviction. When all is said and done, we as a family went thru trauma together and lost $10K for the fees and other expenses of living separately for a while.

Just disclose everything honestly and you'll be fine. Shit like this happens - main thing was there is no criminal record. Sounds like your wife and police went over the top in the heat of the moment.

$10k - there there, you'll live. Shit happens. I lost $60k on a woman I didn't even want to marry.

 

[TY7890]

@scylla @canuck78 .. Thank you for your help with my situation. I am happy to update that everything worked out fine in the end. Case was dropped by prosecutor and PR status had no issues.

Now we are eligible to apply for citizenship. I have some questions in the application form. Below is some context.

(I was arrested on a Friday. So had to be in jail for Saturday and Sunday. Monday I got bail and was out Monday evening. During that time they took my mugshot and fingerprints. I found a lawyer and he took my case, first court appearance we got permission to live together, then a cooling off period for 4 months and case was dropped by prosecutor on the second court date. We both did not appear for second court appearance, my lawyer called and informed me that the case was dropped)


In the citizenship form, there is a question whether I was imprisoned or time spent in jail.

Q: Do I have a criminal record ? (IMO, there is no criminal record as there was no conviction) but maybe fingerprint records ?
Q: I have to say yes to time spent in jail and give 3 days ? (Friday late night, Sat & Sunday in Jail, Monday in court, Bail on Monday evening)
Q: Should I have to explain what was imprisonment for ?
Q: Should I get a court transcript and attach it to prove case was dropped by prosecutor along with the application ?
Q: OR I apply now for citizenship and get court transcript later so that if CIC asks, I can submit it ?
Q: Do I have a criminal record ? Should I erase my fingerprint records ?

@bubagump please reply as we are in a similar situation and it’s urgent. How did your wife tell crown she has no complaints? Did she submit any document? What did she have to do?

 

[fvibes]

Hello everyone,

Sorry for the very late reply. Everything worked out fine. The charges were completely dropped by prosecutor after the first court appearance. PR status is fine and we have travelled in and out of Canada many times. We are leading a happy married life. Wife and I learned our lesson that never pick up the phone and dial 911 on an impulse. Do it only if you are really really in danger, otherwise messed up situations like this can happen. I still live with the trauma of being imprisoned for 2 days and shackled with chains which were very cold. I hope the trauma of this incident will fade away with time.

@bubagump
I am having same case as you, have been charged a few days before I received my ECOPR. Did you report your status change to IRCC? and also in the ECOPR, there is a statement:

Charged/convicted of a crime or offence in any country, refused admission to Canada or required to leave Canada?NO

Did you have this updated before signing your ECOPR?

 

[scylla]

@bubagump
I am having same case as you, have been charged a few days before I received my ECOPR. Did you report your status change to IRCC? and also in the ECOPR, there is a statement:

Charged/convicted of a crime or offence in any country, refused admission to Canada or required to leave Canada?NO

Did you have this updated before signing your ECOPR?

Yes, you need to update IRCC.

 

[fvibes]

Yes, you need to update IRCC.

Thanks Scylla, We actually sent an email to IRCC on change of status and include the assault details. However, we still haven't received any email response from them. So we are worried of signing the ECOPR due to the statement there is "Charged/convicted of a crime or offence in any country, refused admission to Canada or required to leave Canada?NO "

 

[fvibes]

We are also worried of using the ECOPR to request for new SIN and other IDs

 

[scylla]

Thanks Scylla, We actually sent an email to IRCC on change of status and include the assault details. However, we still haven't received any email response from them. So we are worried of signing the ECOPR due to the statement there is "Charged/convicted of a crime or offence in any country, refused admission to Canada or required to leave Canada?NO "

Don't sign the eCOPR with charges pending. This may be classified as misrepresentation since your eCOPR clearly states "no" under this question. You need to wait until IRCC responds. Any charges generally need to be dropped / dealt with before you can complete landing procedures to become a PR.

 

[scylla]

We are also worried of using the ECOPR to request for new SIN and other IDs

I would not use it for anythig until you hear back from IRCC.

 

[fvibes]

Don't sign the eCOPR with charges pending. This may be classified as misrepresentation since your eCOPR clearly states "no" under this question. You need to wait until IRCC responds. Any charges generally need to be dropped / dealt with before you can complete landing procedures to become a PR.

Hi @Syclla

Thanks for your inputs. I'm just worried with the ECOPR expiring on dec 2023 and our first hearing is happening only on feb 2024. by the way we are already here in Canada. Should we submit a webform asking IRCC if they will be sending an updated ECOPR? and that we don't want to use the current ECOPR since it can be classified as misrepresentation.

Another thing, do you think they will charge as misrepresentation if we have sent the status change same day we received the ECOPR? we are actually about to send that day but they bit us on sending the update first.

 

[canuck78]

Hi @Syclla

Thanks for your inputs. I'm just worried with the ECOPR expiring on dec 2023 and our first hearing is happening only on feb 2024. by the way we are already here in Canada. Should we submit a webform asking IRCC if they will be sending an updated ECOPR? and that we don't want to use the current ECOPR since it can be classified as misrepresentation.

Another thing, do you think they will charge as misrepresentation if we have sent the status change same day we received the ECOPR? we are actually about to send that day but they bit us on sending the update first.

Your application will be put on hold until the outcome of your charges. Make sure your criminal lawyer is consulting with an immigration lawyer because how you approach your case will need to consider immigration issues. You should have contacted IRCC as soon as possible after your charges? The biggest issue is that you shouldn’t have qualified to land. Did you apply for a PR card? You shouldn’t apply given that you didn’t qualify to land.

 

[bubagump]

@bubagump please reply as we are in a similar situation and it’s urgent. How did your wife tell crown she has no complaints? Did she submit any document? What did she have to do?

Whenever the crown prosecutor called to update on the case, the wife gave a templated reply: "I have no charges and the police over reacted because we were not white". Something along the lines of implied intention "I wont be cooperating with you and wont appear in court". The prosecutor dropped the charges after the prosecutor got fed up that wife wont cooperate and no meat for the case. This is such a waste of money for the Canadian tax payers when they should be looking into genuine cases than trying to lock up every husband of wives who call 911 on an impulse or revengeful neighbours.

 

[Pepsi_cola_79]

Hello everyone,

Sorry for the very late reply. Everything worked out fine. The charges were completely dropped by prosecutor after the first court appearance. PR status is fine and we have travelled in and out of Canada many times. We are leading a happy married life. Wife and I learned our lesson that never pick up the phone and dial 911 on an impulse. Do it only if you are really really in danger, otherwise messed up situations like this can happen. I still live with the trauma of being imprisoned for 2 days and shackled with chains which were very cold. I hope the trauma of this incident will fade away with time.

Hi brother I have question, please reply, I'm have been charged DOMESTIC Violence, my bail condition is not to go near my wife, they did not ask my passport, can I travel to India or??? Please reply

 

[Pepsi_cola_79]

Any immigration or work permit will be on hold until the outcome of your case is known. You need to speak to your lawyer and the police about not being able to get your passport with proof that the safety deposit boxes are inaccessible because the bank is closed. Unfortunately due to your charges you can’t go to India unless you get special permission.

it is up to the crown whether they will prosecute even if your wife declines to participate.

Hi I have been charged too DV case, court didn't asked for my passport, my trial is next year, can I travel to India? Please reply thanks