Conditional discharge

[Pkumar9]

Hi there,

I got charged for,

1. Flight from police sec. 320.17
2. Dangerous operation. 320. 13
3. Impaired operation. 320. 14
4. Impaired operation over 80mg. 320.14 (1) (b)

I am on post graduation work permit in canada.

My crown has given me a offer of conditional discharge: i am going to include my crown’s response for email for better understanding: below is crown words on my current situation.

In the event of an early guilty plea to counts 3 and 4, I would withdraw the impaired and would be agreeable to seeking a conditional discharge with a period of probation and a driving prohibition.


could anyone explain to me this situation more precisely and recommend any solution to that if possible?

i am eligible to apply for permanent residency now, my question is that, more likely, i am going to have one year of probation with drivers prohibition.

can i extend my work permit later if I need to be because it’s expiring in April 2022.

after can I apply for permanent residency once I completed my probation for one year, or is there any way i can apply anytime, this is the confusion for me whether i can apply for permanent residency or not?

because based on my research, it’s says conditional discharge would show on my record for 3 years.

if anyone can crack this, that would be awesome?

thank you?

Vicky

 

[Pkumar9]

I really appreciate the effort you made on this question it means a lot.
I am still not sure about whether I should apply for PR application while i am on probation, but my lawyer says that it’s gonna be in my criminal record for 3 years after the probation completed.

What is mean though, in the event of an early guilty plea to counts 3 and 4 he said he would be agree to withdraw my impaired one which means two charges right?

 

[User2323]

I was on a conditional discharge 12 months probation for a lesser offence. I had applied for PR before the charge and my application got refused due to error in law and fact made by officer on file. I filed for judicial review and my application was reopened and jn process.

Conditional discharge as explained to you isn't a conviction and pcc only shows convictions but as someone who knows that IRCC officers may not be well informed, it is up to you if you want to disclose that.
And yes conditional discharge stay on your record until 3 years but again it is not a conviction so shouldn't affect your PR. Hopefully you get an IRCC officer that understands the meaning of a conditional discharge bc mine didn't and said he had to wait the 12 months probation to deem me admssible to Canada.

 

[Pkumar9]

I was on a conditional discharge 12 months probation for a lesser offence. I had applied for PR before the charge and my application got refused due to error in law and fact made by officer on file. I filed for judicial review and my application was reopened and jn process.

Conditional discharge as explained to you isn't a conviction and pcc only shows convictions but as someone who knows that IRCC officers may not be well informed, it is up to you if you want to disclose that.
And yes conditional discharge stay on your record until 3 years but again it is not a conviction so shouldn't affect your PR. Hopefully you get an IRCC officer that understands the meaning of a conditional discharge bc mine didn't and said he had to wait the 12 months probation to deem me admssible to Canada.

Thank you for your reply it’s very helpful.
Can you please tell me, what happened after did you got your PR or not ?
can I apply during probation or after because my work permit is going to expire when my probation will be done. Pretty much at the same time, so, i am worried about my work permit then, because first i have to apply for work permit extension and then for PR if everything goes right. When did you apply for your PR then after the probation?

 

[User2323]

Thank you for your reply it’s very helpful.
Can you please tell me, what happened after did you got your PR or not ?
can I apply during probation or after because my work permit is going to expire when my probation will be done. Pretty much at the same time, so, i am worried about my work permit then, because first i have to apply for work permit extension and then for PR if everything goes right. When did you apply for your PR then after the probation?

Like i said earlier, I was charged while my PR was in process meaning i applied for pr first and the charge occurred 2 months later. My application was reopened 2 months ago so it's still in process. I had to redo medicals that expired and submit additional ircc requested. Again according to the law, a conditional discharge will not affect your applications. Applying for extension of wp will def not be an issue. PR application again will really be in the hands of the officer on file. Mine unfortunately clearly wasn't well versed on criminal law hence why my application was refused, reopened and sent to a different officer to review.

In your case, you are extremely lucky to be let off with a conditional discharge and I'll assume it's most likely bc it's your first offence. I'd be more worried about completing the probation than my application if i were you bc conditional discharge doesnt deem you inadmissible.

Also for your charge, you could also do some upfront work and ask the judge to terminate your probation sooner. Mine was 12 months but was terminated after 5 months when i explained the implications on my PR and the wrongful accusations as well as going to therapy.

You're in a pretty good situation where you could simply extend your wp, wait for your probabtion to be terminated before applying for PR if you're really scared it will be affected. But when IRCC does your criminality and security, they'll actually not see the conditional discharge(unless they do a vulnerable sector check) and even then they only would deny your application if they see any criminal record/conviction. They only knew about mine bc i disclosed it to them as they advise applicants to inform them about things like change of address or criminal charges, etc.

Again feel extremely lucky you're being given a conditional discharge and obv avoid any future unlawful actions.

 

[Pkumar9]

Information you provide me is so helpful it makes me calm down because i have stressed from last couple of months.
Yes it was my first offence. What to expect in probation if it’s for one year, and when can i ask the judge to reduce it because if he gives me for 6 months then I should be fine I think. Did you have to extend your work permit?
And can you please give me a favour if you get anything updated in the future for your PR could you please tell me. You can have my email or phone number so, i can avoid any future mistake PR application regarding. I would like to thank you and hopefully you get your PR soon.
Take care

 

[User2323]

Information you provide me is so helpful it makes me calm down because i have stressed from last couple of months.
Yes it was my first offence. What to expect in probation if it’s for one year, and when can i ask the judge to reduce it because if he gives me for 6 months then I should be fine I think. Did you have to extend your work permit?
And can you please give me a favour if you get anything updated in the future for your PR could you please tell me. You can have my email or phone number so, i can avoid any future mistake PR application regarding. I would like to thank you and hopefully you get your PR soon.
Take care

Glad i can somewhat help. My situation is very unique. In terms of asking reducing probation or anything of that nature starts with the conditions of your plea deal and also if you have a criminal lawyer. You can private message me or leave your preferred contact on here and I'll remember to update you with mine.
Best

 

[Sssanappa]

Hy I have a question like I am on my condition discharge for theft under 5000 in Canada can I apply for my husband’s visa who is in India. Please let me know it would we very helpful for me.

 

[adam987]

Hi there,

I got charged for,

1. Flight from police sec. 320.17
2. Dangerous operation. 320. 13
3. Impaired operation. 320. 14
4. Impaired operation over 80mg. 320.14 (1) (b)

I am on post graduation work permit in canada.

My crown has given me a offer of conditional discharge: i am going to include my crown’s response for email for better understanding: below is crown words on my current situation.

In the event of an early guilty plea to counts 3 and 4, I would withdraw the impaired and would be agreeable to seeking a conditional discharge with a period of probation and a driving prohibition.


could anyone explain to me this situation more precisely and recommend any solution to that if possible?

i am eligible to apply for permanent residency now, my question is that, more likely, i am going to have one year of probation with drivers prohibition.

can i extend my work permit later if I need to be because it’s expiring in April 2022.

after can I apply for permanent residency once I completed my probation for one year, or is there any way i can apply anytime, this is the confusion for me whether i can apply for permanent residency or not?

because based on my research, it’s says conditional discharge would show on my record for 3 years.

if anyone can crack this, that would be awesome?

thank you?

Vicky

Hey you can apply for PR or any extension with CIC you want. They may keep it on hold until your probation is over. No worries and go ahead . Just ensure you get the court disposition and letter from your lawyer . They won't refuse it for sure

 

[adam987]

I mean they may keep your PR on hold but temporary visa...they will approve

 

[Kaka2519]

Hello guys,
I was charged in November 2020 and i have already applied my PR in August 2020. Right now my application is on hold i think. So my crown is lowering my charges to simple assault if i plead guilty. So i am pleading guilty next week and it will be simple assault and probation time will be 6-9 months as my lawyer says. My question is that after fulfilling the probation time am i able to get my PR done? Or they can refuse my PR. I am so scared and worried please any help will be appreciated.
Thank you

 

[scylla]

Hello guys,
I was charged in November 2020 and i have already applied my PR in August 2020. Right now my application is on hold i think. So my crown is lowering my charges to simple assault if i plead guilty. So i am pleading guilty next week and it will be simple assault and probation time will be 6-9 months as my lawyer says. My question is that after fulfilling the probation time am i able to get my PR done? Or they can refuse my PR. I am so scared and worried please any help will be appreciated.
Thank you

Get a consult with a good immigration lawyer.

 

[Kaka2519]

Get a consult with a good immigration lawyer.

I have a immigration lawyer but he is not confident about it. I’ve called so many lawyers everyone is saying different stories and i am so confused

 

[Pkumar9]

Hello guys,
I was charged in November 2020 and i have already applied my PR in August 2020. Right now my application is on hold i think. So my crown is lowering my charges to simple assault if i plead guilty. So i am pleading guilty next week and it will be simple assault and probation time will be 6-9 months as my lawyer says. My question is that after fulfilling the probation time am i able to get my PR done? Or they can refuse my PR. I am so scared and worried please any help will be appreciated.
Thank you

Need to know what kind of charges are they or if conditional discharge, with probation period. If you are pleading guilty are charges being withdrawn or what ?
Secondly, if in a case you have an absolute discharge or conditional discharge without any conviction you will be fine and that being said” you won’t be inadmissible from canada. So they can’t reject your PR they can hold it or ask for some sort of clarification sometime.
If you still need to more information let me know i can provide my contact information. Would try to help you thanks

 

[Kaka2519]

Need to know what kind of charges are they or if conditional discharge, with probation period. If you are pleading guilty are charges being withdrawn or what ?
Secondly, if in a case you have an absolute discharge or conditional discharge without any conviction you will be fine and that being said” you won’t be inadmissible from canada. So they can’t reject your PR they can hold it or ask for some sort of clarification sometime.
If you still need to more information let me know i can provide my contact information. Would try to help you thanks

Hello thank you for your reply and yes please i want to talk to you over the phone. I am so much worried. Can i have your contact details ?