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

[demonpreet]

@bubagump
Hi, I am in a similiar situation without any family support. If you don't mind, can you message me so that we can talk about it.
Your experiences will help me cope with it and possible come out of it. I will really appreciate it.

 

[PR0099]

@bubagump Hi, I'm also in a similar situation both me and my wife have been arrested of charges - cc 266 but police dint take us to jail rather asked us not to contact with each other and live separately until further notice, my PR application is in its last stage of processing.
Fingers prints and first court date are in next month.
Should I inform IRCC about this arrest?

 

[YVR123]

@bubagump Hi, I'm also in a similar situation both me and my wife have been arrested of charges - cc 266 but police dint take us to jail rather asked us not to contact with each other and live separately until further notice, my PR application is in its last stage of processing.
Fingers prints and first court date are in next month.
Should I inform IRCC about this arrest?

Yes. otherwise it's misrepresentation. Unlikely your application can move to the next stage until court date.

 

[inafix123]

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.

Hi @bubagump , I have a similar case and would like to discuss some details with you. Is that possible please?

 

[inafix123]

Hi, eager to know what happened next? Did you have to go to court?

 

[inafix123]

My PR process was about to get over and then a domestic assault event happened with me and my wife. We both fought among each other for a stupid reason. Unfortunately she called police on an impulse and I got arrested and detained. I was released on bail for $1000 and asked not to be near wife or contact her again. The court date is set as
January 14th 2021. My work permit expires October 30th 2020 and I have given it for renewal (long before this incident).

The court asked my passport to be submitted as a condition of my bail along with not going anywhere near my wife.

My question is:

1. If I submit my passport, how will I stamp TRV visa on the passport for work permit ?
2.If our PR application gets approved, because my passport is held by court, I cant send the passport for PPR request.

Finally, in my release order I am charged under ( 266b) an offence punishable on summary conviction.

Can I ask the court to give my passport for visa stamping ? Its a long wait for court date and if something happens back home, I cant go to India as my passport is held.
This hold up of passport has crippled everything. Is it possible to modify the bail condition with a lawyer ? I was also asked to submit passport within 7 days which is not possible as the passport is in safety deposit box and that bank branch is closed due to Corona.

Can anyone please comment on what I should do and what are my chances of getting a PR. My wife is also on the PR application and she said to Crown that she has no complaints now. So probably I wont get charged on my court date.

I have a few questions that you can help me with :
1) what did she say to the police earlier?
2) how did she tell the Crown that what she said was not the case, without implicating lying to them?
3) Did she have to get a lawyer as well?
4) How long did this take to completely resolve?
5) Will fingerprints stay on record? Will it affect any formalities later at any time? How does job get affected?

I will be very grateful for this clarity @bubagump !

 

[PR0099]

Update: I informed IRCC about the charges using webform and I have received my work permit last week. Case is still pending in the court.

 

[inafix123]

Update: I informed IRCC about the charges using webform and I have received my work permit last week. Case is still pending in the court.

Hi there, thank you for the update! Is it okay to ask what happened in the court on the first day and what will the next steps be for resolution? How long have they said this will take for you? Thank you again ...

 

[tester124]

Hi, I'm in a similar situation. While filling out my PR application, I wanted to clarify an incident from a few years ago involving my girlfriend and me. We had a disagreement that led to her calling the police. I was briefly taken to the police station for questioning but was released after a few hours. I was never charged with any offense, and my police record remains completely clean. I did not have to post bail, nor was I charged and there was no further legal action. Given this, I'm honestly not sure if I was arrested or not.

 

[scylla]

Hi, I'm in a similar situation. While filling out my PR application, I wanted to clarify an incident from a few years ago involving my girlfriend and me. We had a disagreement that led to her calling the police. I was briefly taken to the police station for questioning but was released after a few hours. I was never charged with any offense, and my police record remains completely clean. I did not have to post bail, nor was I charged and there was no further legal action. Given this, I'm honestly not sure if I was arrested or not.

Answer yes and provide the details

 

[tester124]

Answer yes and provide the details

I just completed a police check and it's not on my record though

 

[scylla]

I just completed a police check and it's not on my record though

Your choice. IMO much better to say yes and explain than to have IRCC discover something later that they don't like. The background check process goes beyond what is on your PCC. Again, your call.

 

[Ponga]

Hi, I'm in a similar situation. While filling out my PR application, I wanted to clarify an incident from a few years ago involving my girlfriend and me. We had a disagreement that led to her calling the police. I was briefly taken to the police station for questioning but was released after a few hours. I was never charged with any offense, and my police record remains completely clean. I did not have to post bail, nor was I charged and there was no further legal action. Given this, I'm honestly not sure if I was arrested or not.

You would know if you had been arrested, right?!

It sounds like you were questioned and perhaps `detained'. Neither of which are a criminal offense.

The process of obtaining the Police Certificate is called a criminal record check, although that term sometimes refers to the document as well. The PCC will show any criminal charges you’ve had in the country. Or, even better, the report will confirm you have no criminal record in that country.
[source]:https://www.thewayimmigration.ca/immigration-tips/top-mistakes-with-police-certificates

 

[tester124]

Hi @Ponga, yes I've completed a criminal record check, and it came back negative which means my record is completely clean because I was never charged. However, my only confusion was due to the fact I was held in a cell for an hour or two and let go completely.

 

[Ponga]

Hi @Ponga, yes I've completed a criminal record check, and it came back negative which means my record is completely clean because I was never charged. However, my only confusion was due to the fact I was held in a cell for an hour or two and let go completely.

But, again...you were not ARRESTED, right?

There is absolutely no harm in volunteering the information to IRCC, but...it really isn't required, IMHO.