+1(514) 937-9445 or Toll-free (Canada & US) +1 (888) 947-9445

Withdrawn Criminal Charge in Canada

jci

Full Member
Jun 26, 2022
30
0
Hello! My criminal charge was withdrawn and fingerprints and photos are already destroyed. I have pending PR application under cec and waiting for decision. Background check is still on process. Is there anyone here who are on the same boat and eventualy their PR application was approved? My application is running 5 mos.

Thanks!
 

Chasechs

Hero Member
Sep 11, 2019
659
172
Hello! My criminal charge was withdrawn and fingerprints and photos are already destroyed. I have pending PR application under cec and waiting for decision. Background check is still on process. Is there anyone here who are on the same boat and eventualy their PR application was approved? My application is running 5 mos.

Thanks!
I would suggest getting a lawyer to prepare a response to IRCC for the withdrawn criminal charges and show proof of the dismissal. Then you can submit this via webform. In any event, CSIS will get the full information during the background check.

By the way, when were you charged? Before or after submitting the PR application?
 

jci

Full Member
Jun 26, 2022
30
0
I would suggest getting a lawyer to prepare a response to IRCC for the withdrawn criminal charges and show proof of the dismissal. Then you can submit this via webform. In any event, CSIS will get the full information during the background check.

By the way, when were you charged? Before or after submitting the PR application?

before submitting.
 

scylla

VIP Member
Jun 8, 2010
95,881
22,134
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
before submitting.
As long as you declared the charges fully in your application, you should be fine. It's going to certainly take longer to process your application since IRCC will need to take additional steps to verify that your charges have been cleared. However this shouldn't be an issue for PR. Have you submitted the documentation to IRCC informing them that the charges have been cleared / dropped?
 
  • Like
Reactions: Chasechs

jci

Full Member
Jun 26, 2022
30
0
As long as you declared the charges fully in your application, you should be fine. It's going to certainly take longer to process your application since IRCC will need to take additional steps to verify that your charges have been cleared. However this shouldn't be an issue for PR. Have you submitted the documentation to IRCC informing them that the charges have been cleared / dropped?

Yes! I declared the charge fully and submitted an LOE. I attached the court document showing the withdrawn decision, letter from police as a proof that the photo and fingerprints are destroyed and also submited the pcc.
 

Chasechs

Hero Member
Sep 11, 2019
659
172
Ok, sounds good. They are going to review everything and make a decision. This may increase the processing time but as @scylla said, nothing to worry about if you declared accordingly and show proof of the dismissal.
 
  • Like
Reactions: scylla

scylla

VIP Member
Jun 8, 2010
95,881
22,134
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Yes! I declared the charge fully and submitted an LOE. I attached the court document showing the withdrawn decision, letter from police as a proof that the photo and fingerprints are destroyed and also submited the pcc.
Then I think it's just a matter of waiting. Your application is unfortunately non-standard because of this so you should expect it will take longer to process. But this shouldn't stop you from being approved.
 

jci

Full Member
Jun 26, 2022
30
0
Then I think it's just a matter of waiting. Your application is unfortunately non-standard because of this so you should expect it will take longer to process. But this shouldn't stop you from being approved.


Thank you! Do you have any idea how long will it takes?
 

scylla

VIP Member
Jun 8, 2010
95,881
22,134
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Thank you! Do you have any idea how long will it takes?
No - I think that's really impossible to say.
 

roop_thea

Member
Jul 31, 2024
14
0
Background check in progress since March 13, 2024 based on the tracker. Security in progress by CBSA and CSIS based on the recent gcms notes last month.
You were never convicted correct? Just charged? And the charges were withdrawn? I am asking because on the Schedule A the questions are about convictions, jail or incarceration, I dnt need any questions about just charges so I wonder if we just answer no to all those questions and just indicate the charges in a letter of explanation
 

jci

Full Member
Jun 26, 2022
30
0
I agree with you. I will also answer NO if question being asked is about conviction/s.

Are you under comprehensive check for security?