Your business with CIC has already concluded with the issuance of COPR to you, you do not have any pending applications for which you have to report any change in circumstances. It is expected that things can happen in the time period between when you had your COPR and when you actually land that can affect your admissibility but this is the policy area of the CBSA who assess it again during landing which is why they re-iterate questions about criminal arrests, charges ..etc and medical conditions.
Theft Under $5000
- Thread starter Wonderland_1010
- Start date
@LifeDreamer
Thank You for your advice in regards to my cousin's situation. He met with a criminal lawyer yesterday and the lawyer is confident that the charges will be withdrawn but he will try to get a stay the proceedings before the actual court date. Is a stay the proceedings a good thing? From what i've googled, it means that an individual is not convicted and charges are halted within a year. I'm not sure if CSBA officers will deny him PR landing because the charges was stayed.
Any opinions on this?
Thank You for your advice in regards to my cousin's situation. He met with a criminal lawyer yesterday and the lawyer is confident that the charges will be withdrawn but he will try to get a stay the proceedings before the actual court date. Is a stay the proceedings a good thing? From what i've googled, it means that an individual is not convicted and charges are halted within a year. I'm not sure if CSBA officers will deny him PR landing because the charges was stayed.
Any opinions on this?
@LifeDreamer @scylla
Can a legal opinion letter be drafted by a criminal lawyer or would it be beneficial to have it written by a immigration lawyer?
Can a legal opinion letter be drafted by a criminal lawyer or would it be beneficial to have it written by a immigration lawyer?
Any outcome other than a conviction is okay. Even if the defendant plead guilty and was discharged from the case whether absolutely or conditionally is fine too, but you should seek to get the best outcome possible regardless of any immigration consequences.
If the charges were halted for a year as you suppose, CBSA will either have to admit you or wait a year to see. They cannot refuse admission without a conviction it's too late for that as you have already boarded the plane and landed in Canada.
The judge cannot take into consideration any immigration consequences no matter how severe. If convicted there is nothing you can do to stop deportation.
@LifeDreamer @scylla
Update:
My cousin's lawyer got the charges dropped without attending court or even going through any diversion. Still haven't inform CIC about any charges. Any concerns for misrepresentations?
Update:
My cousin's lawyer got the charges dropped without attending court or even going through any diversion. Still haven't inform CIC about any charges. Any concerns for misrepresentations?
No. Your record of landing will include details about this charge and later withdrawal, setting aside any concerns about misrepresentation in the future.
hi, i was reading this thread and i have a question. if i have a withdrawn charge, should i let CBSA know when landing? i've read in one of the posts - someone almost was unable to land because if a withdrawn charge, despite showing court documents stating it was withdrawn.
i have a withdrawn assault charge from 2014, however i do not have the court documents.. would it be risky for me to land without court doc?
many thanks in advance.
Are you landing as a PR? If yes, then did you disclose this withdrawn charge in your PR application?
@LifeDreamer
Happy to report that I got my PR landing approved. I had two nice CBSA officers did my landing. Although I am confused by something. Since I had the appointment with CBSA, they knew what I was coming for and why I needed futher examination before landing me. I told them I had my charges withdrawn due to a misunderstanding without attending my first appearance and they checked and said it's all good.
Right after that when they were processing my landing, the question about whether you've been charged/convicted before, I said yes but the officer was like you have no criminal records when I checked so the answer is no. So she wrote no and had me initial next to it.
I confirmed with her again and she said yes it's fine because you have no criminal record and nothing pops up when I checked the system.
So would that affect my future immigration if I ever want to apply for citizenship.
Happy to report that I got my PR landing approved. I had two nice CBSA officers did my landing. Although I am confused by something. Since I had the appointment with CBSA, they knew what I was coming for and why I needed futher examination before landing me. I told them I had my charges withdrawn due to a misunderstanding without attending my first appearance and they checked and said it's all good.
Right after that when they were processing my landing, the question about whether you've been charged/convicted before, I said yes but the officer was like you have no criminal records when I checked so the answer is no. So she wrote no and had me initial next to it.
I confirmed with her again and she said yes it's fine because you have no criminal record and nothing pops up when I checked the system.
So would that affect my future immigration if I ever want to apply for citizenship.
Of course it is written up in the system.
Like I said before, it will be as if nothing happened. Withdrawn charges, if in Canada, are not relevant and do not affect your immigration process.
Zero. None. Nothing at all. You will not find any area or any question anywhere in the citizenship process that relates to your withdrawn charge in Canada. No officer will ever question you about that case in any interview or citizenship ceremony process, but they will ask if you have any pending charges though to which you can say no.
