Citizenship application with active peace bond

[rajkamalmohanram]

my charges are still pending but got an invitation for citizenship test. What should I do? I have notified IRCC about my criminal charges

Well, go ahead and take the test. You've already notified IRCC and you've done your part.

Good luck with the test.

 

[FlyHigh!]

Sharing my experience.

I got charged with domestic assault (266c) back in Mar 2019. Total processing time to reach a peace bond took a little over than two years and in May 2021 the charge got withdrawn and subsequently peace bond was issued. The same month I got eligible to apply for citizenship, completed all forms and sent the peace bond along with the package. In Sept 2021 got a request for citizenship test in Dec 2021 got a notification for finger printing and on April 13, 2022 all the fields in the online citizenship application status were showing as completed.

Now waiting for the citizenship ceremony also the peace bond is expiring next month in May 2022. After that will be starting the process to get the records purge will be sharing the experience once done fingers crossed !

 

[FlyHigh!]

Can anyone please share their experience of getting record suspension post expiration of the peace bond ?

 

[Milly.boo]

In some cases yes depending on other factors as well like the city you were arrested, for e.g if you were arrested in Brampton and belong to ethnic minority the crown would not let you go easily and would try best to make you convict or at least make the process very difficult. Exact thing happened to me, my first lawyer told to get an upfront counselling from a private counsellor in order to make my chances bright for a peace bond but unfortunately it didn't help and my time and money got wasted. I then changed the lawyer who got convinced the crown for a peace bond but I had to do the PARs counselling again this time from a government facility (less expensive). Now I am done with the counselling and waiting for the peace bond to be issued. My lawyer is saying the crown will go back to get the consent from my ex and issuance of the peace bond will depend on the consent she provides. My time for becoming a citizen has also been completed and now I am in stress what to do next should I file the application without telling them or do I need to close that I am charged as per "https://www.canada.ca/en/immigration-refugees-citizenship/services/canadian-citizenship/become-canadian-citizen/eligibility/situtations-prevent-citizenship.html" a person cannot become citizen if charged.

Any suggestions ?

Hello

I hope you are doing well

I wanted your suggestion.

So in our case the accused has been charged with sec. 266 and the crown has now agreed for PARS counselling. The accused is a temporary resident and yet to apply for PR. The lawyer had asked to take upprivate counselling but that wasn’t considered by the crown after completing it.

Is it okay to accept PARS? Is it considered as admitting fault and it will it affect PR, citizenship or sponsoring spousal visa?

Have you tried sponsoring anyone after the charges were withdrawn?

Also will accepting PARS cause trouble while travelling or crossing abroad or applying for U.S tourist visa?

While taking up PARS will they ask to sign any form which asks you to admit fault or take any responsibility?

Please let me know.

 

[FlyHigh!]

Hello I am doing well so far. Please note below responses.

So in our case the accused has been charged with sec. 266 and the crown has now agreed for PARS counselling. The accused is a temporary resident and yet to apply for PR. The lawyer had asked to take upprivate counselling but that wasn’t considered by the crown after completing it.
response - Private counselling is not going to convince the crown for a Peace Bond. A peace bond will only be issued if the crown offers PARS.

Is it okay to accept PARS? Is it considered as admitting fault and it will it affect PR, citizenship or sponsoring spousal visa?
Response - there is no other option than this (unless the accused wants to go into trial). Its not admitting fault as per canadian law but in the US they see it differently (they dont have any law for a peace bond). Post completion of PARS and the duration of the peace bond the accused will become eligible to apply for PR, citizenship or sponsoring someone the only catch over here is the background check which will keep on appearing negative in the name search but if digged downed deeper by someone like ride sharing services (Uber/Lyft) it will appear as "further check recommended" and due to this they wont allow to drive for them.

Have you tried sponsoring anyone after the charges were withdrawn?
Response - No I havent but I have seen people doing it and they were fine

Also will accepting PARS cause trouble while travelling or crossing abroad or applying for U.S tourist visa?
Response - This is a very tricky question and there is no clarity to it. Some people were able to cross borders while others couldnt. I am about to do my own personal experience as I received my passport few months back. Can update what happens with me sometime later.

While taking up PARS will they ask to sign any form which asks you to admit fault or take any responsibility?
Response - Yes an undertaking have to be signed which will basically say "my actions might have provoked this situation" but again this is not admission of guilt as per canadian law.

 

[Milly.boo]

Hello I am doing well so far. Please note below responses.

So in our case the accused has been charged with sec. 266 and the crown has now agreed for PARS counselling. The accused is a temporary resident and yet to apply for PR. The lawyer had asked to take upprivate counselling but that wasn’t considered by the crown after completing it.
response - Private counselling is not going to convince the crown for a Peace Bond. A peace bond will only be issued if the crown offers PARS.

Is it okay to accept PARS? Is it considered as admitting fault and it will it affect PR, citizenship or sponsoring spousal visa?
Response - there is no other option than this (unless the accused wants to go into trial). Its not admitting fault as per canadian law but in the US they see it differently (they dont have any law for a peace bond). Post completion of PARS and the duration of the peace bond the accused will become eligible to apply for PR, citizenship or sponsoring someone the only catch over here is the background check which will keep on appearing negative in the name search but if digged downed deeper by someone like ride sharing services (Uber/Lyft) it will appear as "further check recommended" and due to this they wont allow to drive for them.

Have you tried sponsoring anyone after the charges were withdrawn?
Response - No I havent but I have seen people doing it and they were fine

Also will accepting PARS cause trouble while travelling or crossing abroad or applying for U.S tourist visa?
Response - This is a very tricky question and there is no clarity to it. Some people were able to cross borders while others couldnt. I am about to do my own personal experience as I received my passport few months back. Can update what happens with me sometime later.

While taking up PARS will they ask to sign any form which asks you to admit fault or take any responsibility?
Response - Yes an undertaking have to be signed which will basically say "my actions might have provoked this situation" but again this is not admission of guilt as per canadian law.

Thank you so much for the reply.
The crown has offered only PARS and upon completion of PARS the charges will be dropped and no peace bond after that.

In regards to the background check, will it affect other employment and renting a house apart from Uber and Lyft.

Please update once you are able to cross the border.

Thanks again for clearly answering all the queries.

 

[Milly.boo]

Hello I am doing well so far. Please note below responses.

So in our case the accused has been charged with sec. 266 and the crown has now agreed for PARS counselling. The accused is a temporary resident and yet to apply for PR. The lawyer had asked to take upprivate counselling but that wasn’t considered by the crown after completing it.
response - Private counselling is not going to convince the crown for a Peace Bond. A peace bond will only be issued if the crown offers PARS.

Is it okay to accept PARS? Is it considered as admitting fault and it will it affect PR, citizenship or sponsoring spousal visa?
Response - there is no other option than this (unless the accused wants to go into trial). Its not admitting fault as per canadian law but in the US they see it differently (they dont have any law for a peace bond). Post completion of PARS and the duration of the peace bond the accused will become eligible to apply for PR, citizenship or sponsoring someone the only catch over here is the background check which will keep on appearing negative in the name search but if digged downed deeper by someone like ride sharing services (Uber/Lyft) it will appear as "further check recommended" and due to this they wont allow to drive for them.

Have you tried sponsoring anyone after the charges were withdrawn?
Response - No I havent but I have seen people doing it and they were fine

Also will accepting PARS cause trouble while travelling or crossing abroad or applying for U.S tourist visa?
Response - This is a very tricky question and there is no clarity to it. Some people were able to cross borders while others couldnt. I am about to do my own personal experience as I received my passport few months back. Can update what happens with me sometime later.

While taking up PARS will they ask to sign any form which asks you to admit fault or take any responsibility?
Response - Yes an undertaking have to be signed which will basically say "my actions might have provoked this situation" but again this is not admission of guilt as per canadian law.

Also I wanted to confirm if you have U.S tourist visa, is there any chance to obtain U.S tourist visa after completing PARS or is it impossible?

 

[Dreamlad]

Thank you so much for the reply.
The crown has offered only PARS and upon completion of PARS the charges will be dropped and no peace bond after that.

In regards to the background check, will it affect other employment and renting a house apart from Uber and Lyft.

Please update once you are able to cross the border.

Thanks again for clearly answering all the queries.

It depends on the company. Some companies do deep dive while the others don't care. Private landlords don't care too much about your background as long as you pay rent on time but I don't know about apartments.

 

[FlyHigh!]

- This is great news that only PARS counselling is letting you go without entering into a peace bond.
- Only if an employer is really picky about the background check like ride hailing services, some government jobs or security jobs clearing the background check might get difficult other than that you should be fine
- I already had US visa and now has canadian passport. I think you should be able to obtain the US visa as there is no criminal conviction
- Yes I will update my personal experience of crossing US border shortly

 

[Milly.boo]

It depends on the company. Some companies do deep dive while the others don't care. Private landlords don't care too much about your background as long as you pay rent on time but I don't know about apartments.

Thank you for your reply.

 

[Milly.boo]

- This is great news that only PARS counselling is letting you go without entering into a peace bond.
- Only if an employer is really picky about the background check like ride hailing services, some government jobs or security jobs clearing the background check might get difficult other than that you should be fine
- I already had US visa and now has canadian passport. I think you should be able to obtain the US visa as there is no criminal conviction
- Yes I will update my personal experience of crossing US border shortly

Thank you for your reply.

Sorry to bother you.

I just have couple of last questions.

Did you get your record expunged, how long did it take and which city was it?

What was your final disposition stated on court records?

Also did you travel to India or any other country before or after record expungement?

And will CBSA officers still be able view the charges withdrawn after record expungement?

I will really be thankful if you are able to answer these questions. We are just too worried.

Thank you!

 

[FlyHigh!]

Hello,

Please note below responses.

Did you get your record expunged, how long did it take and which city was it?
response - Unfortunately my application got declined and now I have 60 days to file an appeal which my lawyer is working on. You can apply for record suspension post completion of the peace bond my city was Brampton. My advice on this part would be to call Pardons Canada before completion of the peace bond (the lawyers usually dont pay much attention in these applications) so that they can prepare the documents and file when the peace bond expires. If your application gets declined like mine they wont take the case. Their fee for this service is between 850$ to 900$.

What was your final disposition stated on court records?
Response - The peace bond contains all the required information like how long is it going to be and what conditions to be followed (the conditions should not be breached in any case). The court does not give you any further document after the expiration of the peace bond.

Also did you travel to India or any other country before or after record expungement?
Response - I just came back from my home country post receiving the passport and completion of peace bond in May 2022. You should be fine as well.

And will CBSA officers still be able view the charges withdrawn after record expungement?
Response - Yes because a file number gets attached and as soon as the passport is scanned they can see a file number appearing which they might review then its the officer's call to allow or disallow you into the US.

I will really be thankful if you are able to answer these questions. We are just too worried.
Response - I know how it feels when you are in this situation. My best wishes are with you stay safe.

 

[Milly.boo]

Hello,

Please note below responses.

Did you get your record expunged, how long did it take and which city was it?
response - Unfortunately my application got declined and now I have 60 days to file an appeal which my lawyer is working on. You can apply for record suspension post completion of the peace bond my city was Brampton. My advice on this part would be to call Pardons Canada before completion of the peace bond (the lawyers usually dont pay much attention in these applications) so that they can prepare the documents and file when the peace bond expires. If your application gets declined like mine they wont take the case. Their fee for this service is between 850$ to 900$.

Oh, sorry about this. But what was the reason for declining the request? The nature of the charge or any error in the application? Thank for the advice with pardon Canada, will make sure contact them. Also please update regarding your appeal and fingerprint destruction. Did you wait for 5 months after the peace bond expired to apply for fingerprint destruction?


What was your final disposition stated on court records?
Response - The peace bond contains all the required information like how long is it going to be and what conditions to be followed (the conditions should not be breached in any case). The court does not give you any further document after the expiration of the peace bond.

Here I meant if the final disposition was like - for example charges withdrawn through diversion program and then peace bond on yiyr


Also did you travel to India or any other country before or after record expungement?
Response - I just came back from my home country post receiving the passport and completion of peace bond in May 2022. You should be fine as well.

So in our case just to confirm again, since there is no peace bond, after completing the PARS program and charges withdrawn , travel is okay to india and back to Canada without fingerprint destruction right? Will they ask any extra questions while returning back to Canada? Any extra screening or insepectby the officers at Canada immigration?

And will CBSA officers still be able view the charges withdrawn after record expungement?
Response - Yes because a file number gets attached and as soon as the passport is scanned they can see a file number appearing which they might review then its the officer's call to allow or disallow you into the US.

I will really be thankful if you are able to answer these questions. We are just too worried.
Response - I know how it feels when you are in this situation. My best wishes are with you stay safe.

Thank you so much! Wish you all the best with everything too!

 

[Milly.boo]

Hello

Sorry for bothering you.

Can you please reply on this.


FlyHigh! said:
Hello,

Please note below responses.

Did you get your record expunged, how long did it take and which city was it?
response - Unfortunately my application got declined and now I have 60 days to file an appeal which my lawyer is working on. You can apply for record suspension post completion of the peace bond my city was Brampton. My advice on this part would be to call Pardons Canada before completion of the peace bond (the lawyers usually dont pay much attention in these applications) so that they can prepare the documents and file when the peace bond expires. If your application gets declined like mine they wont take the case. Their fee for this service is between 850$ to 900$.

Oh, sorry about this. But what was the reason for declining the request? The nature of the charge or any error in the application? Thank for the advice with pardon Canada, will make sure contact them. Also please update regarding your appeal and fingerprint destruction. Did you wait for 5 months after the peace bond expired to apply for fingerprint destruction?


What was your final disposition stated on court records?
Response - The peace bond contains all the required information like how long is it going to be and what conditions to be followed (the conditions should not be breached in any case). The court does not give you any further document after the expiration of the peace bond.

Here I meant if the final disposition was like - for example charges withdrawn through diversion program and then peace bond on yiyr


Also did you travel to India or any other country before or after record expungement?
Response - I just came back from my home country post receiving the passport and completion of peace bond in May 2022. You should be fine as well.

So in our case just to confirm again, since there is no peace bond, after completing the PARS program and charges withdrawn , travel is okay to india and back to Canada without fingerprint destruction right? Will they ask any extra questions while returning back to Canada? Any extra screening or insepectby the officers at Canada immigration?

And will CBSA officers still be able view the charges withdrawn after record expungement?
Response - Yes because a file number gets attached and as soon as the passport is scanned they can see a file number appearing which they might review then its the officer's call to allow or disallow you into the US.

I will really be thankful if you are able to answer these questions. We are just too worried.
Response - I know how it feels when you are in this situation. My best wishes are with you stay safe.

Thank you so much! Wish you all the best with everything too!

 

[FlyHigh!]

Hello

Sorry for bothering you.

Can you please reply on this.


FlyHigh! said:
Hello,

Please note below responses.

Did you get your record expunged, how long did it take and which city was it?
response - Unfortunately my application got declined and now I have 60 days to file an appeal which my lawyer is working on. You can apply for record suspension post completion of the peace bond my city was Brampton. My advice on this part would be to call Pardons Canada before completion of the peace bond (the lawyers usually dont pay much attention in these applications) so that they can prepare the documents and file when the peace bond expires. If your application gets declined like mine they wont take the case. Their fee for this service is between 850$ to 900$.

Oh, sorry about this. But what was the reason for declining the request? The nature of the charge or any error in the application? Thank for the advice with pardon Canada, will make sure contact them. Also please update regarding your appeal and fingerprint destruction. Did you wait for 5 months after the peace bond expired to apply for fingerprint destruction?
- Don't know the reason yet have asked it a couple of times but a detailed appeal letter is going out shortly for records suspension. No, I did not wait and applied right away post completion of the peace bond.

What was your final disposition stated on court records?
Response - The peace bond contains all the required information like how long is it going to be and what conditions to be followed (the conditions should not be breached in any case). The court does not give you any further document after the expiration of the peace bond.

Here I meant if the final disposition was like - for example charges withdrawn through diversion program and then peace bond on yiyr
- The crown agrees to withdraw the charge first post completion of the PARS program only after that a person can enter into a peace bond which stays on record till all the conditions of the peace bond are met (the duration and conditions are written on the peace bond/court order)


Also did you travel to India or any other country before or after record expungement?
Response - I just came back from my home country post receiving the passport and completion of peace bond in May 2022. You should be fine as well.

So in our case just to confirm again, since there is no peace bond, after completing the PARS program and charges withdrawn , travel is okay to india and back to Canada without fingerprint destruction right? Will they ask any extra questions while returning back to Canada? Any extra screening or insepectby the officers at Canada immigration?
- Yes its absolutely fine to travel even on a peace bond (other than US based on other people's experience) unless there is a written travel restriction on the bond. Also I just crossed US border this weekend and it went through well so you should be ok too.

And will CBSA officers still be able view the charges withdrawn after record expungement?
Response - Yes because a file number gets attached and as soon as the passport is scanned they can see a file number appearing which they might review then its the officer's call to allow or disallow you into the US.

I will really be thankful if you are able to answer these questions. We are just too worried.
Response - I know how it feels when you are in this situation. My best wishes are with you stay safe.

Thank you so much! Wish you all the best with everything too!