Applying for Express entry under Conditional discharge

[varinder1717]

Hi Guys,

If you can please help me, i am on Open Work Permit in Canada and was being charged with fraud charges but no convictions and I am on Conditional Discharge now with no record on my name. I want to do Police clearance of Canada which if i do, will show that i am on conditional discharge but I am worried whether it will affect on getting Permanent Residency for Canada.

If anyone can help me with this it would be great. I am looking forward for genuine answers please.
Thanks in advance.

 

[visaowl]

Conditional discharge will remain on your file for 3 years. You will be safe after the conviction is removed from your record. Because according to this alwyer, conditional discharge will interfere with citizenship. https://www.pardons.org/pardons-canada-criminal-record-interfere-citizenship/

How will it interfere with PR? Yes. Because it is a criminal offense. http://canadianlegal.org/conditional-discharge/

What will be the affect? Well I think very detrimental.

 

[varinder1717]

No my lawyer said i am not convicted and even the judge said i am not convicted but it will stay on my name for three years as a record and also i am on probation period for one year, but i am just worried whether i could get PR if the name stays on record but not convicted.

 

[nick.rwth]

Hi Guys,

If you can please help me, i am on Open Work Permit in Canada and was being charged with fraud charges but no convictions and I am on Conditional Discharge now with no record on my name. I want to do Police clearance of Canada which if i do, will show that i am on conditional discharge but I am worried whether it will affect on getting Permanent Residency for Canada.

If anyone can help me with this it would be great. I am looking forward for genuine answers please.
Thanks in advance.

What have you done?

 

[visaowl]

What have you done?

How does that matter?

 

[visaowl]

No my lawyer said i am not convicted and even the judge said i am not convicted but it will stay on my name for three years as a record and also i am on probation period for one year, but i am just worried whether i could get PR if the name stays on record but not convicted.

You are not convicted. True. But you admitted guilt. And links I provided above say that for CIC, admission of guilt means you partook in a criminal activity.

A detailed link, with cases going before a judge:-
http://visalawcanada.blogspot.ca/2011/09/work-permit-holder-granted-conditional.html
http://visalawcanada.blogspot.ca/2011/08/probation-order-prevents-citizenship.html

SO I guess it is better you actually go a very reputed lawyer and discuss your case further. Nobody here will be of much help. Not a consultant, but an immigration lawyer.

 

[The_Distant_One]

Isnt a co ditional discharg slike saying "you did something wrong but not enough to fully convict you so if you dont do anything naughty fkr three years yoh will be ok.

So really you are guilty of something and i would say this would most likely affect immigration but once again only an immigration lawyer would be able to afvise. Cant you request your own criminal report and see what comes up?

 

[varinder1717]

The link you sent says about the guy who was charged for violence and is being sentence. I was given conditional discharge with probation for one year which after fulfiling conditions will be the same like i was never been charged or have convicted. This is what the judge said. I know after one year of my conditions being fulfilled i can apply for PR but as of now can i apply or should i wait?

 

[nick.rwth]

The link you sent says about the guy who was charged for violence and is being sentence. I was given conditional discharge with probation for one year which after fulfiling conditions will be the same like i was never been charged or have convicted. This is what the judge said. I know after one year of my conditions being fulfilled i can apply for PR but as of now can i apply or should i wait?

What time out of 1 year still left?

 

[The_Distant_One]

The link you sent says about the guy who was charged for violence and is being sentence. I was given conditional discharge with probation for one year which after fulfiling conditions will be the same like i was never been charged or have convicted. This is what the judge said. I know after one year of my conditions being fulfilled i can apply for PR but as of now can i apply or should i wait?

I would assume cic would have the ability to see your current chsrges and conditions. Not sure about after your discharged. Not a lawyer but i would suggestnot applying until officially discharged to be suhre

 

[dobes]

For an absolute or conditional discharge:

If the offence occurred in Canada, you are not inadmissible.

That is from: http://www.cic.gc.ca/English/information/applications/guides/5312ETOC.asp#5312E2

That you are not inadmissible because of it is good news - but it doesn't mean that your PR application won't be rejected because of it, as immigration officers have the discretion to decide based on the circumstances. The best thing to do, I am fairly sure, is to wait as long as you possibly can between your offense and when you apply for PR, to allow time to prove it was just a one-time mistake. If you can't do that, explain the circumstances around what happened as well as you can. It does not make you absolutely inadmissible, but I believe it will be a difficult barrier to overcome because you effectively pled guilty, and it was recent.

I also want to mention that in the linked case above, the fact that the accused was a temporary resident who wanted to apply for PR was considered in his case, and he was given a conditional discharge rather than a short jail sentence precisely because a conditional discharge did not bar him from applying for PR.

I think in your case, if you really want to apply for PR now, a reputable immigration lawyer would be a good investment for you.

 

[shivaa8081]

Hi Guys,

If you can please help me, i am on Open Work Permit in Canada and was being charged with fraud charges but no convictions and I am on Conditional Discharge now with no record on my name. I want to do Police clearance of Canada which if i do, will show that i am on conditional discharge but I am worried whether it will affect on getting Permanent Residency for Canada.

If anyone can help me with this it would be great. I am looking forward for genuine answers please.
Thanks in advance.

Hi
can you please tell me what happened in your case?
were you able to get PR Approved?
i got request for Bio metrics and RCMP but i conditional discharge in some days.

will IRCC accept my application?

Thanks

 

[adam987]

@shiva - your RCMP will not show it. It will be clean. They will come back to you asking for court documents and explaination of events. Get it ready from your lawyer and submit with your RCMP.

 

[shivaa8081]

@shiva - your RCMP will not show it. It will be clean. They will come back to you asking for court documents and explaination of events. Get it ready from your lawyer and submit with your RCMP.

Thankyou.
And one more doubt did you plead guilty? I heard conditional discharge will be given when you plead guilty. Your answer will help me please

and can i go for RCMP immediately after getting conditional discharge?
Because i just have one month to submit my RCMP to IRCC

 

[Cor_]

Hello @shivaa8081 did your RCMP showed the conditional discharge right after you received it? I also got a conditional discharge 3 days ago, and was wondering if I apply now for RCMP check will the conditional discharge show or not.