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

[bubagump]

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.

 

[canuck78]

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.

 

[scylla]

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.

You need to be working with two lawyers at this point. A lawyer to deal with your criminal charges and an immigration lawyer to deal with how this has complicated your immigration situation. This isn't a do-it-yourself. You need professional help.

 

[bubagump]

You need to be working with two lawyers at this point. A lawyer to deal with your criminal charges and an immigration lawyer to deal with how this has complicated your immigration situation. This isn't a do-it-yourself. You need professional help.

Thank you for replying. Ironically, I received my COPR yesterday. How will this now come into play. My lawyer says my wife said she has no complaints, but the crown will submit photos of assault during court hearing. I have been charged 226(b) and its an offence punishable on summary conviction.

Now only my question is,

If I do anger management and counselling, will the charges against me will be dropped ? If dropped will it affect my citizenship application.
If charges are not dropped and I get jail time, will it affect citizenship application and I get deported ?

 

[scylla]

Thank you for replying. Ironically, I received my COPR yesterday. How will this now come into play. My lawyer says my wife said she has no complaints, but the crown will submit photos of assault during court hearing. I have been charged 226(b) and its an offence punishable on summary conviction.

Now only my question is,

If I do anger management and counselling, will the charges against me will be dropped ? If dropped will it affect my citizenship application.
If charges are not dropped and I get jail time, will it affect citizenship application and I get deported ?

Sometimes IRCC's timing is off. However you won't be able to land using that COPR until your charges are resolved.

In terms of what it will take for the charges to be dropped and your other questions, this is a conversation you need to have with your lawyers.

 

[bubagump]

Sometimes IRCC's timing is off. However you won't be able to land using that COPR until your charges are resolved.

In terms of what it will take for the charges to be dropped and your other questions, this is a conversation you need to have with your lawyers.

My CoPR says I am already a permanent resident and asks to sent photo to get the PR card mailed to the address. I am an inland applicant, there is no landing. Below is the document.


Immigration, Refugees and Citizenship Canada
IRCC Montréal-Photos CRP
xxxxx
Date: July xx, 2020
UCI: xxxxxxxx
CoPR Document #: xxxxx
xxxx, xxxx
xxxxxx

Dear xxxxx,

I am pleased to advise you that your application for permanent residence in Canada is now complete. Congratulations! You are now a permanent resident of Canada!
If you are currently outside of Canada, do not attempt to travel to Canada. Please contact us immediately at the following address and we will send you additional information: CIC-OTTAWA-IMMIGRATION@cic.gc.ca
This letter constitutes an official document issued by the Department of Immigration, Refugees and Citizenship Canada. You can provide a copy of this letter to prove that you are a permanent resident of Canada and to apply for benefits and services for which you are eligible, until you receive your permanent resident card.
This letter does not replace the permanent resident card; you are still required to submit the documentation to obtain your permanent resident card. Please print a copy of this letter and send it along with one photo that meets our photo specifications to the address listed above. Please ensure that you write your unique client identifier (UCI) and name on the back of the photo. You do not need to sign the letter nor the photo. If your address has changed, please provide us with your current address.

 

[scylla]

My CoPR says I am already a permanent resident and asks to sent photo to get the PR card mailed to the address. I am an inland applicant, there is no landing.

In that case one of two things is going to happen. The first is nothing - meaning you'll be allowed to keep your COPR as a landed immigrant. The second is that IRCC may contact you to tell you that your permanent residency has been withdrawn due to your criminal charges and you will need to wait for the criminal charges to be resolved before it can be determined if you will be allowed to become a PR. PR cannot be granted with criminal charges outstanding. The question is whether IRCC will figure this out or not.

 

[scylla]

My CoPR says I am already a permanent resident and asks to sent photo to get the PR card mailed to the address. I am an inland applicant, there is no landing. Below is the document.


Immigration, Refugees and Citizenship Canada
IRCC Montréal-Photos CRP
xxxxx
Date: July xx, 2020
UCI: xxxxxxxx
CoPR Document #: xxxxx
xxxx, xxxx
xxxxxx

Dear xxxxx,

I am pleased to advise you that your application for permanent residence in Canada is now complete. Congratulations! You are now a permanent resident of Canada!
If you are currently outside of Canada, do not attempt to travel to Canada. Please contact us immediately at the following address and we will send you additional information: CIC-OTTAWA-IMMIGRATION@cic.gc.ca
This letter constitutes an official document issued by the Department of Immigration, Refugees and Citizenship Canada. You can provide a copy of this letter to prove that you are a permanent resident of Canada and to apply for benefits and services for which you are eligible, until you receive your permanent resident card.
This letter does not replace the permanent resident card; you are still required to submit the documentation to obtain your permanent resident card. Please print a copy of this letter and send it along with one photo that meets our photo specifications to the address listed above. Please ensure that you write your unique client identifier (UCI) and name on the back of the photo. You do not need to sign the letter nor the photo. If your address has changed, please provide us with your current address.

Yes - as said above, you cannot become a PR with charges outstanding. IRCC may figure this out or they may not.

I would recommend you focus on working with your lawyer to get the charges either reduced or dropped.

 

[bubagump]

Yes - as said above, you cannot become a PR with charges outstanding. IRCC may figure this out or they may not.

I would recommend you focus on working with your lawyer to get the charges either reduced or dropped.

Thanks a lot for your replies. I really appreciate it.

 

[GandiBaat]

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.

What you have here is "change of situation".

https://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=052&top=3

Change other information
You must use our Web form to tell us about changes to your situation, even if you applied online.

Examples of changes include:

• marriage or divorce
• birth or adoption of a child
• death of an applicant or dependant
• changes that could affect your eligibility for the program you’re applying for, including changes in your:
  • job situation
  • education
  • language skills
• contact information updates, including:
  • email
  • phone number

If you change your contact information, make sure you check your old contact information until we update your application.

You need to tell it to IRCC, they may pause your application. You might have an inadmissibility on yourself. Even if you have a permanent status in Canada, it might be withdrawn if there are charges against you. Work with a criminal and a immigration lawyer.

 

[phanikiran.kara]

Thanks a lot for your replies. I really appreciate it.

@bubagump - What happened to your situation? I know its quite old incident. But just came to this page by mistake and curious what happened in the end. Did everything get sorted out? If so, how? Did both of you get your PRs ?

 

[J4364]

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.

Hey bro.
My friend is in a similar situation.
What happened with your case?
Please advise

 

[Jac.kieeey]

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.

Hi how was your case? Are u able to get PR?

 

[bubagump]

@bubagump - What happened to your situation? I know its quite old incident. But just came to this page by mistake and curious what happened in the end. Did everything get sorted out? If so, how? Did both of you get your PRs ?

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]

@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 ?