Criminal offence affect citizenship (urgent )

[amazigh-agnostic]

Reminder: I am NOT an expert. I cannot give, and am not offering, personal advice.

For reliable information and advice about the criminal case itself, consult with your criminal defense lawyer.

For reliable information and advice about how the criminal case can affect your application for citizenship, and your PR status, consult with an experienced immigration lawyer.

A big part of the reason I go into such detail is to illuminate and emphasize the complexities that might be involved, and how important it is to KNOW and UNDERSTAND the DETAILS.

So, let's be clear, what I said was NOT saying this "won't impact [your] pr" let alone not be a problem for your citizenship application.

Yes, the odds are favourable. Meaning there is a good chance this will not be a problem for your citizenship application (other than some potential delays attendant non-routine processing to verify there is no prohibition) and not impact your PR status. BUT it could be more serious than that, and possibly a lot more serious than that. Moreover, if this results in a year of probation, that will likely be a problem for the citizenship application. Again, it is important for YOU to KNOW and UNDERSTAND the actual DETAILS.

As I noted, if in fact you are charged with criminal harassment and that is prosecuted by indictment, resulting in a conviction, EVEN IF there is NO JAIL time that would be serious criminality, making you inadmissible, subject to losing PR status and being deported. That's a big, serious deal.

I doubt that is what is happening, but that might be what is happening; YOU need to KNOW FOR SURE!​

And as I noted, there is a very high likelihood you are charged with a hybrid offence, regardless which particular offence it is. Any hybrid offence can be, might be, prosecuted by indictment. If you are prosecuted by indictment, and there is a conviction, that is a citizenship prohibition. That would mean your citizenship application will be denied and you will NOT be eligible for citizenship again for at least another four years.

Here too, the odds are good that is not what is happening. But it might be. You need to KNOW if this is what is happening. And if the criminal defense lawyer is saying you will likely be on probation for a year, that's a clue this could be processed more seriously than proceeding summarily. You need to KNOW, to KNOW FOR SURE, what the official charge is and whether it is being prosecuted summarily or by indictment. ​

The criminal defense lawyer's focus is on minimizing the negative impact on the defendant (you) in terms of the criminal justice system, keeping the defendant out of jail tending to be the priority. Which, make no mistake, is about as important as it gets, at least for anyone who does not want to be incarcerated and subject to the various collateral consequences which result from criminal convictions.

That priority in combination with a criminal defense lawyer's lack of expertise in immigration and citizenship law, however, means a PR may ALSO need the assistance of a good immigration lawyer to adequately understand the potential impact on the PR's status or a citizenship application.

If you KNOW FOR SURE the prosecution is proceeding summarily, NOT by indictment, that means your PR status is not at risk. But you really, really need to know this for sure.

And unfortunately, being put on probation is likely to be a problem for the citizenship application.

Effect of Probation:

That will be a problem for the citizenship application. Being on probation is a prohibition. This is section 22(1)(a)(i) in the Citizenship Act. See this here: https://laws-lois.justice.gc.ca/eng/acts/C-29/page-5.html#docCont

It states:

Despite anything in this Act, a person shall not be granted citizenship under subsection 5(1) . . . or take the oath of citizenship . . . (a) while the person, under any enactment in force in Canada, . . . (i) is under a probation order,​

Note that question 16.1. in the application asks the applicant if they "are now . . . on probation." This is because a person on probation is NOT eligible for citizenship, because being on probation is a prohibition.

Note that the applicant is required to notify IRCC if the information provided in the application changes (and in signing the application you made an affirmation you would do so).

Note that IRCC routinely screens criminal name-record databases multiple times while processing a citizenship application and almost certainly will become aware of the charges even if you do not notify them.

How IRCC actually handles such cases appears to vary some. This is where an immigration lawyer's experience can be invaluable.

OVERALL: if you are looking at a conviction and a year of probation, you really, really need to know the details, and you should carefully review the situation with BOTH the criminal defense lawyer AND an experienced immigration lawyer.

Wow a huge thank you. You’re really a good person any lawyer would ask me for a lot of money to give me a little bit of information you just stated wish you happiness and joy for you and your loved ones . Actually i will wait a bit to collect some money before consulting an immigration lawyer all i need to ask him/her is whether i should inform ircc in my case right since i was not on probation when i applied also i didnt go to court yet .
to answer your question yes id say its gonna end up 90% in probation ( hopefully if trial is fair ) soi guess they would hold off my application for 1 year or so until i finish my probation

 

[amazigh-agnostic]

see when you take oath they will ask you whether you have a indictable offence in Canada
you should use your lawyer to somehow make sure your case becomes a minor issue or summary offence.
if it becomes a indictable offence, its good that you inform IRCC and wait few years before you reapply

Hello brother thanks a lot for your time answering my questions i appreciate. So you think i shouldn’t inform them now but id rather wait until they invite me to oath. Actually i don’t even know when I’d go to court so i dont know am i charged with yet

 

[dpenabill]

Wow a huge thank you. You’re really a good person any lawyer would ask me for a lot of money to give me a little bit of information you just stated wish you happiness and joy for you and your loved ones . Actually i will wait a bit to collect some money before consulting an immigration lawyer all i need to ask him/her is whether i should inform ircc in my case right since i was not on probation when i applied also i didnt go to court yet .
to answer your question yes id say its gonna end up 90% in probation ( hopefully if trial is fair ) soi guess they would hold off my application for 1 year or so until i finish my probation

If you are on probation, IRCC might hold off completing your application OR IRCC can deny the application and you will have to start over. Having a prohibition means you are NOT eligible for citizenship, and is grounds to deny the application. Being on probation is a prohibition.

While there is no rush to notify IRCC of the charges, if you have any interaction with IRCC regarding your citizenship application you will need to notify them of the charges. Misrepresentation, including misrepresentation by omission, will only make matters worse.

As I noted, IRCC will almost certainly see you have been charged even if you do not notify them. So you do yourself no good by not notifying them. What I tried to say before was that you could consult with an immigration lawyer and not notify IRCC of the charge if in consultation with the immigration lawyer, one who reviews the actual paperwork in your criminal case, the lawyer says you do not need to notify IRCC . OTHERWISE, better to notify IRCC. To be on the safe side, notify IRCC.

I am not sure what you mean when you say "to answer your question yes id say its gonna end up 90% in probation." Remember, the main question (not that I am asking, but the question YOU to need to ask and to KNOW the answer to) is what the specific charge is and whether or not the Crown is proceeding summarily.

Whether the Crown is proceeding by indictment or summarily is a big deal. That's something you really need to know.

 

[amazigh-agnostic]

If you are on probation, IRCC might hold off completing your application OR IRCC can deny the application and you will have to start over. Having a prohibition means you are NOT eligible for citizenship, and is grounds to deny the application. Being on probation is a prohibition.

While there is no rush to notify IRCC of the charges, if you have any interaction with IRCC regarding your citizenship application you will need to notify them of the charges. Misrepresentation, including misrepresentation by omission, will only make matters worse.

As I noted, IRCC will almost certainly see you have been charged even if you do not notify them. So you do yourself no good by not notifying them. What I tried to say before was that you could consult with an immigration lawyer and not notify IRCC of the charge if in consultation with the immigration lawyer, one who reviews the actual paperwork in your criminal case, the lawyer says you do not need to notify IRCC . OTHERWISE, better to notify IRCC. To be on the safe side, notify IRCC.

I am not sure what you mean when you say "to answer your question yes id say its gonna end up 90% in probation." Remember, the main question (not that I am asking, but the question YOU to need to ask and to KNOW the answer to) is what the specific charge is and whether or not the Crown is proceeding summarily.

Whether the Crown is proceeding by indictment or summarily is a big deal. That's something you really need to know.

First off thank you my brother for all these deep information i am so grateful and thankful much love . So according to your account i do need to wait until i attend court although i still waiting for date to appear in court . Then when i know which charges will be i call them . So no need to call them right now right
Much love to you and your blessed ones again

 

[dpenabill]

First off thank you my brother for all these deep information i am so grateful and thankful much love . So according to your account i do need to wait until i attend court although i still waiting for date to appear in court . Then when i know which charges will be i call them . So no need to call them right now right
Much love to you and your blessed ones again

I cannot advise you about what to do. Except to reiterate: you really need to know what the specific charge is. And whether it is being prosecuted by indictment or summarily. You need that information to make an informed decision about what to do in regards to your citizenship application.

You should be able to get the information from your lawyer, assuming you have one. You can also get the information from the court. You do not need to wait until your next court date to get that information.

I understand you are no longer located near the court where this case is pending. So the logistics are not easy.

I understand you probably have limited financial resources, so hiring a lawyer to help you navigate this is also difficult.

But this could be a serious matter. Your first post about it painted things differently than your later posts reveal. It is your call, your decision, but this seems like a situation you will want to be more proactive in sorting it out. Waiting to see, in effect, what happens, may be OK, but that can also be risky.

Many communities have local organizations which provide various kinds of services for immigrants, where you might be able to find some help sorting out what you can and need to do, or at least have a chance to talk to someone with a little background and experience that could help you sort out things better.

Once you find out what the specific charge is, then ordinarily (I believe) you would use the webform process for updating your information with IRCC.

I have pretty much exhausted what I can offer. I am not an expert. I am not a Canadian lawyer.

Good luck . . . pay attention, deal with this, and of course don't be pushing things over the line.

 

[chazystorm]

I understand why you worry about how a criminal offense could impact your citizenship. It can feel overwhelming. From what I’ve seen, it often depends on the nature of the crime. Some severe offenses can affect your chances of becoming a citizen. But don’t lose hope! It might help to talk to a lawyer who specializes in immigration cases. They can give you the best advice based on your situation. I found this site, https://olenfirm.com/ , with some solid info about legal issues like DUI and how they relate to citizenship. Remember, you’re not alone in this, and getting the right help can make a difference!