Honestly, stop posting just for the sake of posting.
Again, the discussion was about charges which have been withdrawn or dropped. In Canada, when charges are dropped, it's not specifically noted but it's what's equivalent of with prejudice. Only in very very exceptional situations the charges are brought back again so anyone in that situation will a sweet No.
Go on and write another essay but your posts are pretty much redundant and not relevant.
For some, perhaps, it might not be clear what you mean . . . you say "
stop posting" in one paragraph, and in another "
Go on and write another essay." "
Honestly" you claim.
To be honest, which I make a concerted effort to be, I get it. I do.
Criticism noted, the sarcasm included.
Just doing the best I can to clearly address some issues which can be a problem for some PRs applying for citizenship. For
@jeahpalumar05 for example, stating the brother was in the "
same situation" as the OP, as similar as the brother's situation might be to the OP's it seemed prudent to caution that questions in the citizenship application about criminal charges are NOT limited to questions ONLY about convictions.
If you were charged with “murder” and the court of law found you not guilty and the charge was fully withdrawn because you were innocent, then you should answer NO to both questions without the need to hire a lawyer. IRCC has access to see that you were charged and you were innocent.
It’s not mandatory to hire a lawyer but you can always do it if you want.
I am just trying to offer information which will help those, like
@jeahpalumar05's brother, who are trying to navigate the process of applying for citizenship, to offer insights that could help avoid pitfalls that cause problems in citizenship application processing, including reducing the risk of delay-causing non-routine processing. (I responded to the query by
@Cool2021 in another thread.)
It should be noted, nonetheless, that even though IRCC has access to see that an applicant has been charged, IRCC does not have access to determine whether the applicant is actually "
innocent." The criminal justice system in Canada does not determine innocence. Meanwhile, even though IRCC can get access to the disposition of criminal charges in Canada, as reflected in the RCMP database, it is readily apparent that many applicants who have been charged with an offence encounter non-routine processing to verify the disposition of the discharges even though the disposition does not constitute a prohibition, typically including requiring the applicant to obtain and submit certified copies of the court's record in their case. (Burden of proving no prohibitions, like the burden of proof for all other requirements, is on the applicant. Not exactly, but somewhat like proving physical presence, the applicant must provide an accounting of all travel outside Canada despite IRCC's access to the applicant's travel history in CBSA records.)
Many applicants, as reflected in scores of queries in this forum (including three in just this short topic), are uncertain about the formal or official disposition of criminal charges. Those who are uncertain about the precise disposition in their case really should be consulting with competent legal counsel. With only rare exceptions, I am confident that almost everyone charged with murder has obtained the assistance of a lawyer. True, it's not mandatory, but the need for a lawyer's assistance when charged with murder is significantly more compelling than "
if you want."
Of course it is true that if an applicant KNOWS they have no charges pending against them, they can honestly answer the prohibition questions accordingly, answering "
no" there are
no charges
now pending against them. For those who have been charged and entangled in a criminal case, what more to provide with a citizenship application, if anything, is a personal choice and will depend on the particular circumstances, including the specifics of the disposition in the criminal case. There is no one answer fits all for how to best navigate these matters.