Stayed of Proceedings after applying citizenship application.

[bst35]

Hi Folks

I applied citizenship in June 2022 and it was paper application along with my family of 4,In Sept,2022 i got Police clearance and fingerprints request and deposited,Criminality got cleared in same month,but in November 2022 I got charged for assault got,But this month my charges got dropped and got stayed of proceedings by crown,there is no updation after Criminality got cleared in citizenship application,Now I am worried that should i resume my application with stayed of proceedings,I am also thinking of withdrawing my application,Any help or anybody have any suggestions??I will really appreciate that,Thanks

 

[Dark_Night]

Based on what you said your situation shouldn't prevent you from becoming a citizen unless you are still under investigation, but you should make IRCC aware of the charge and that it was dropped. https://www.canada.ca/en/immigration-refugees-citizenship/services/canadian-citizenship/become-canadian-citizen/eligibility/situtations-prevent-citizenship.html

 

[bst35]

Based on what you said your situation shouldn't prevent you from becoming a citizen unless you are still under investigation, but you should make IRCC aware of the charge and that it was dropped. https://www.canada.ca/en/immigration-refugees-citizenship/services/canadian-citizenship/become-canadian-citizen/eligibility/situtations-prevent-citizenship.html

Thanks for your response,My criminal lawyer told me that stayed of proceedings means that crown has dropped the charges and stayed the trial case,but he has still 1 year to reopen the case and can take case to trial again,He did you should seek advice from immigration lawyer about your citizenship,thanks and Regards

 

[bst35]

Thanks for your response,My criminal lawyer told me that stayed of proceedings means that crown has dropped the charges and stayed the trial case,but he has still 1 year to reopen the case and can take case to trial again,He did you should seek advice from immigration lawyer about your citizenship,thanks and Regards

He also said he has never seen any stayed of proceedings reopening again into a new trial in his experience,But I am having no conviction and no criminal record,when I googled about stay of proceedings got different answers

 

[Dark_Night]

Okay makes sense. Either way, I wouldn't withdraw my citizenship application if I were you. Just raise a webform to make them aware of it. That way they can't say you misrepresented.

 

[dpenabill]

Hi Folks

I applied citizenship in June 2022 and it was paper application along with my family of 4,In Sept,2022 i got Police clearance and fingerprints request and deposited,Criminality got cleared in same month,but in November 2022 I got charged for assault got,But this month my charges got dropped and got stayed of proceedings by crown,there is no updation after Criminality got cleared in citizenship application,Now I am worried that should i resume my application with stayed of proceedings,I am also thinking of withdrawing my application,Any help or anybody have any suggestions??I will really appreciate that,Thanks

This is a little tricky. The criminal defense lawyer's advice to consult with an immigration lawyer is good advice.

Obviously you failed to timely inform IRCC of the change in information you submitted (as you agreed to do when you signed the application). Moreover, what a stay of criminal proceedings means for purposes of citizenship prohibitions can vary depending on the particular details. Remember, an individual is subject to a prohibition for having an assault charge pending, not just if convicted.

That is, it makes a difference whether:

-- the charge is formally dismissed, subject to reinstituting the charges, or​

-- whether prosecution is stayed pending conditions, to be dismissed upon the completion of those conditions​

I do not know Canadian criminal procedure much at all, other than to be aware that the disposition of such charges could be one or the other of these (among other possible dispositions), usually involving a Peace Bond. It would be best to have an immigration lawyer review the precise paperwork for the criminal case . . . so, again, the criminal defense lawyer's advice to consult with an immigration lawyer is good advice.

Caveat: I am surprised that the criminal defense lawyer said "he has never seen any stayed of proceedings reopening again into a new trial in his experience." A lot of people in similar situations fail to stay out of trouble for the year, triggering reopening the stayed criminal proceedings (this is somewhat common in domestic assault cases, where the underlying stress leading to the first charge continues to be present in an ongoing relationship and too often lead to another incident).

But, if he meant that he has never seen a case reopened where the defendant stayed out of trouble for the full year, that makes sense.

So, I do not disagree with @Dark_Night as such.

I agree that it is probably better to notify IRCC of the situation rather than wait for them to find out about the charge when conducting a GCMS screening prior to taking further action on the application. But, that said, better to consult with an immigration lawyer about what YOU should do now.

Some further observations:

I believe that if there is a formal dismissal of the charges in the record, even if that is subject to a Peace Bond or other condition and the possibility of reopening, that is NOT a prohibition, and your application should be OK now . . . BUT I am NOT at all sure about this. Again, an immigration lawyer would be a better source.

There is not much anecdotal reporting about how IRCC handles the stayed but still pending situation (that is, where the charge remains pending but is stayed and will be dismissed in a year upon completion of conditions). Technically I think this constitutes a prohibition but I am not sure what IRCC does. I think it can:

-- deny the application based on the prohibition, or​

-- suspend processing pending the final resolution (to affirm a dismissal at the end of the year), or​

-- proceed with processing as if the conditional dismissal of charges pursuant to the stay does not constitute a prohibition​

So, I have said a lot which mostly is to say "see a qualified immigration/citizenship lawyer."

 

[bst35]

This is a little tricky. The criminal defense lawyer's advice to consult with an immigration lawyer is good advice.

Obviously you failed to timely inform IRCC of the change in information you submitted (as you agreed to do when you signed the application). Moreover, what a stay of criminal proceedings means for purposes of citizenship prohibitions can vary depending on the particular details. Remember, an individual is subject to a prohibition for having an assault charge pending, not just if convicted.

That is, it makes a difference whether:

-- the charge is formally dismissed, subject to reinstituting the charges, or​

-- whether prosecution is stayed pending conditions, to be dismissed upon the completion of those conditions​

I do not know Canadian criminal procedure much at all, other than to be aware that the disposition of such charges could be one or the other of these (among other possible dispositions), usually involving a Peace Bond. It would be best to have an immigration lawyer review the precise paperwork for the criminal case . . . so, again, the criminal defense lawyer's advice to consult with an immigration lawyer is good advice.

Caveat: I am surprised that the criminal defense lawyer said "he has never seen any stayed of proceedings reopening again into a new trial in his experience." A lot of people in similar situations fail to stay out of trouble for the year, triggering reopening the stayed criminal proceedings (this is somewhat common in domestic assault cases, where the underlying stress leading to the first charge continues to be present in an ongoing relationship and too often lead to another incident).

But, if he meant that he has never seen a case reopened where the defendant stayed out of trouble for the full year, that makes sense.

So, I do not disagree with @Dark_Night as such.

I agree that it is probably better to notify IRCC of the situation rather than wait for them to find out about the charge when conducting a GCMS screening prior to taking further action on the application. But, that said, better to consult with an immigration lawyer about what YOU should do now.

Some further observations:

I believe that if there is a formal dismissal of the charges in the record, even if that is subject to a Peace Bond or other condition and the possibility of reopening, that is NOT a prohibition, and your application should be OK now . . . BUT I am NOT at all sure about this. Again, an immigration lawyer would be a better source.

There is not much anecdotal reporting about how IRCC handles the stayed but still pending situation (that is, where the charge remains pending but is stayed and will be dismissed in a year upon completion of conditions). Technically I think this constitutes a prohibition but I am not sure what IRCC does. I think it can:

-- deny the application based on the prohibition, or​

-- suspend processing pending the final resolution (to affirm a dismissal at the end of the year), or​

-- proceed with processing as if the conditional dismissal of charges pursuant to the stay does not constitute a prohibition​

So, I have said a lot which mostly is to say "see a qualified immigration/citizenship lawyer."

Thank so much @dpenabill for such a detailed response,I really appreciate your help,I am trying to get appointment of immigration lawyer,I also talked with my previous criminal lawyer and she told me stay of proceedings is the best result i could get ,Also she said there is no probations,prohibtions,conditions and peace bond in your case,Thanks and Regards

 

[bst35]

Also Thanks @Dark_Night for you respose and help

 

[john323]

@bst35
I am also in the same situation, got stay of proceedings in an assault case.
Were you able to get your citizenship?

 

[bst35]

@bst35
I am also in the same situation, got stay of proceedings in an assault case.
Were you able to get your citizenship?

Hi @john323 ,Sorry for delayed response,No i didn't got any update,I got my Gcms notes last week and it shows case on hold,All of my family members notes says same "On Hold",I think they are waiting to pass on year time which is AUGUST for me,whats your update,Did you got thru?Thanks ans Regards

 

[john323]

@bst35 No I didn’t get thru. But I applied for citizenship after my charges were stayed. I applied in february , charges were dropped in november last year. My lawyer also advised the same like yours that there is nothing to worry about. IRCC just got the result of my fingerprints last week. Let’s see if they move forward or delay my application for one year too.
I have passed the test too.

 

[bst35]

@bst35 No I didn’t get thru. But I applied for citizenship after my charges were stayed. I applied in february , charges were dropped in november last year. My lawyer also advised the same like yours that there is nothing to worry about. IRCC just got the result of my fingerprints last week. Let’s see if they move forward or delay my application for one year too.
I have passed the test too.

Hi John any update bro? @john323

@bst35 No I didn’t get thru. But I applied for citizenship after my charges were stayed. I applied in february , charges were dropped in november last year. My lawyer also advised the same like yours that there is nothing to worry about. IRCC just got the result of my fingerprints last week. Let’s see if they move forward or delay my application for one year too.
I have passed the test too.

Hi John any update bro?

 

[bst35]

@bst35
I am also in the same situation, got stay of proceedings in an assault case.
Were you able to get your citizenship?

My profile has been updated, indicating that I have successfully passed the required test. Additionally, I have submitted a new set of fingerprints as requested, and the system acknowledges their receipt.it says these fingerprints will undergo a review process shortly.

They sent me an email requesting an interview, which is scheduled for the last week of this month.I have no idea what they will ask,I am so much worried about that because my stay of proceedings on year will end in last week of August.
Regards

 

[bst35]

Hi Folks,
This is an update on my case. I received a stay of proceedings in my assault case after I applied for citizenship. The stay of proceedings will be complete one year in the last week of August, and I have informed IRCC about this through a web form.

Last month, I was asked to take the citizenship test, which I passed (20/20). The system has been updated to reflect that I have successfully passed the required test.

Later, IRCC requested that I submit a new set of fingerprints, and the system acknowledges their receipt. It says that these fingerprints will undergo a review process shortly.

Now, they have sent me an email requesting an interview, which is scheduled for the last week of this month. I have no idea what they will ask, and I am very worried about it because my stay of proceedings will be completed in the last week of August. My main concern is whether the stay of proceedings will affect my citizenship application.
Upon researching this matter, I discovered that SOP is regarded as prohibition. One of website mentioned that some clients had successfully obtained a letter from the Crown Counsel stating that the Crown had no intention of pursuing the case further. However, my previous criminal lawyer was unfamiliar with the procedure for obtaining such a letter. Additionally, I lack the knowledge of how to contact the Crown Counsel and request this specific document.

Regards,
@dpenabill @DarKnight

 

[L31@]

My profile has been updated, indicating that I have successfully passed the required test. Additionally, I have submitted a new set of fingerprints as requested, and the system acknowledges their receipt.it says these fingerprints will undergo a review process shortly.

They sent me an email requesting an interview, which is scheduled for the last week of this month.I have no idea what they will ask,I am so much worried about that because my stay of proceedings on year will end in last week of August.
Regards