I have plans to apply for my citizenship around march, but I got arrested for assault with my gf! Both got the charge arrested. We are still waiting for a result or negotiation with the crown. The trial dates are not set yet. My gf is a temporary resident here.
Any idea how this will end up? The lawyer said it can be dragged to domestic violence. He said the crown may not give peace bond! We don’t have kids, nothing used.. it was minor.
OVERALL:
Criminal charges demand competent professional advice and, at least usually, representation.
NOT advice from anonymous sources in an internet forum. NOT my two cents.
That said: it is safe to say, at the very least, you will want to get the criminal case resolved BEFORE you apply for citizenship.
Thus, in the meantime, best to get a good lawyer and work with the lawyer toward getting the best outcome you can in the criminal case, taking into consideration the direct consequences of the criminal charges and taking into consideration collateral consequences for your status in Canada, including grant citizenship eligibility.
AFTER there is a clear disposition of the criminal case, and preferably a conclusive, final disposition,
THEN you can determine the impact that has on your eligibility for a grant of citizenship.
LONGER EXPLANATION / OBSERVATIONS
Again (it is worth repeating), criminal charges demand competent professional advice and, at least usually, representation.
Depending on the underlying facts, the outcome of criminal cases can vary a great deal, and having a competent lawyer can make a big difference in the outcome.
How things go in Canadian courts, as to the criminal charges, is well outside the scope of what I am familiar with or follow much. I have NO familiarity with how these kinds of cases (involving charges of assault or domestic violence) are prosecuted in Canada. So I have NO IDEA "
how this will end up."
And that is really what matters. The nature and outcome of the criminal case will determine the impact on status in Canada, including eligibility for a grant of citizenship. Thus, the first thing to address and take care of is the criminal matter. And ONLY AFTER that is resolved, THEN address how it affects your eligibility for citizenship.
Thus, to be clear, again, I cannot offer much at all about how the criminal case will go. There is a range of possible outcomes. Best to have your own, personal lawyer give you advice and represent you in the criminal case. It is important to have a lawyer who is competent and experienced in handling criminal cases. But it is also important the lawyer be well-informed about collateral consequences as to status in Canada or at the very least be conscientious in considering such matters.
In a more general sense, the range of possible outcomes in the criminal case is not mysterious. The charges could be totally dismissed (discharged), or conditionally discharged, or prosecuted by indictment or as a summary offence, and then resulting in conviction either pursuant to a trial or a negotiated plea. A peace bond could be issued with widely varying conditions, either pursuant to a conditional discharge or a conviction. Of course particular penalties can be imposed for a conviction, ranging from fines and probation, to the imposition of terms of imprisonment.
There are way too many possible outcomes to try enumerating each possibility and describe its impact on a PR's status or eligibility for citizenship.
Some More Common Outcomes:
Charges dismissed (total discharge): no impact on immigration status; no impact on eligibility for grant of citizenship
Conditional discharge: impact on eligibility for grant of citizenship can depend on the particular conditions imposed.
Thus consider, for example, if successfully completing a period of probation is a condition that must be met for the discharge to take effect. PRs are prohibited from being granted citizenship (thus not eligible for citizenship) while the PR is on probation; I am not certain but I believe this applies even if the period of probation is imposed as a condition for a discharge. Once the discharge is final, completed (not subject to satisfying any further condition, such as completing a period of probation), that in effect wipes the slate clean; in contrast, if there is a conviction a PR is both prohibited from citizenship during the probation AND those days in Canada while on probation do NOT count toward meeting the presence requirement.
Prosecution and conviction for any offence, including a summary offence, and including hybrid offences:
-- If prosecuted as a summary offence, and there is no imprisonment or probation, this has NO impact on a PR's eligibility for citizenship.
-- If there is jail time or probation, the PR is subject to the citizenship prohibition for the period of imprisonment and probation.
-- If a period of imprisonment MORE than six months is imposed, that may lead to inadmissibility proceedings and a finding of inadmissibility on the grounds of serious criminality (thus loss of PR status, not just prohibited from a grant of citizenship)
-- If the offence carries a possible period of imprisonment for 10 years or more, that too may lead to inadmissibility proceedings and a finding of inadmissibility on the grounds of serious criminality (thus loss of PR status, not just prohibited from a grant of citizenship)
-- If the offence is prosecuted as an indictable offence and it results in a conviction, that alone (regardless the terms of any penalty imposed) results in a four year prohibition
Section 266 in the Canadian Criminal Code
Section 266 in the Canadian Criminal Code is a "hybrid" offence, meaning it can be prosecuted as either an indictable offence or a summary offence. Just this difference can have a big impact on grant citizenship eligibility. If the charge is prosecuted as an indictable offence, a PR is prohibited from a grant of citizenship for at least as long as the charge is pending, and if convicted there is a prohibition for four years.
Since the maximum penalty is five years of imprisonment, a conviction for this offence will NOT render a PR inadmissible for serious criminality UNLESS the PR is sentenced to actually serve a period of incarceration for at least six (6) months.
