Assault case charged and withdrawn - Citizenship application
- Thread starter sil_ca
- Start date
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.
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.
So you are telling me even when the court of law including the judge withdraw the charges and you were “innocent”, IRCC look if you are actually “innocent”. That’s a bold statement. Anyways, I was charged with 3 offenses and I was not guilty and all 3 charges were withdrawn.
I just filled my application truthfully and I answered NO to both questions as at the time of the filling I was NOT charged and I was NOT convinced.
My application was fine and I got my citizenship within a year.
Also, IRCC get their results from RCMP. It will be something like this ,according to my GCMS notes,: “RCMP Criminal Record with positive identification reviewed. ****, **** and ***** charges were withdrawn on ****/**/**. No impact on citizenship application. Cleared to proceed.”
That was on one of my notes.
Omg obviously when I was talking about not needing a lawyer, I was talking regarding filling the application NOT for the actual criminal charge aka “murder”.
No, I was not telling you that . . . I do not know what that even means.
For those with questions related to criminal charges:
For those concerned with what questions are asked in regards to criminal matters, in a citizenship application, they should review Question 16 in the application. Many who have been or who are engaged in criminal proceedings would be prudent to meet with a lawyer to clarify the formal status of the criminal proceedings and how to respond accordingly.
As for extrapolating how to best navigate these matters, remember that individual experience only illuminates what has happened at least once, allowing that might or might not reflect how it could go for another, sometimes an indication of how it often goes but not always, and mostly recognizing that how it goes sometimes does not dictate how it will go for sure another time. This is especially so in regards to how criminal matters can affect a PR's status and eligibility for citizenship. If in doubt, see a lawyer.
If your charges were withdrawn and therefore not convicted, you can answer NO to both questions (16.3 and 16.8) without the need to see a lawyer.
if you are charged (have a pending charge) or were convicted, I highly recommend to consult a lawyer. Period.
