Citizenship application with active peace bond

[Milly.boo]

Hello

Thank you so much for all your replies. It was very helpful.

Please keep us updated about your record suspension and sponsorship if you do any.

Wishing you all the very best!

 

[yxyyukon]

Can a peace bond be denied? I have a case where his wife have put several charges of assault, mischief, assault with a weapon, intimidation and wrongful confinement. His citizenship application is in process. He has clean criminal history. Assault charges are historic, exaggerated and false because wife continued to live with him for 3 next year and she is now pressing charges. Will he get a peace bond? His lawyer says that until his first court date disclosure is not available and hence nothing can be said.
Thank you.

did you got your citizenship? do you mind sharing your exp?

 

[Sujia]

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And will CBSA officers still be able view the charges withdrawn after record expungement?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

Hello, When you apply citizenship, have you apply RCMP certified crminal record check? is it clean with no record or?

 

[Sujia]

I want to submit my citizenship application after few weeks and I have a peace bond in effect till next year. I'm not convicted and no charges on me.

I know that i could still apply for the citizenship but should I mention this peace bond on the citizenship application? Should I attach the peace bond document within the application to avoid any delays?

have you applied the RCMP crimnal record check? any record there?

 

[zubinator]

Hi Sujia, if I may ask did you travel on a US Visa issue prior to the Peace Bond issued? Or on a Visa Waiver? I am asking because I need to decide if I should apply for US VWP on my passport (non-Canadian). Also which border crossing did you cross from? I am assuming since you are on this forum you arent canadian citizen and are most likely a PR just like me - correct?

 

[Sujia]

what does "US VWP" mean?

 

[zubinator]

what does "US VWP" mean?

VWP = Visa Waiver Program for citizens of certain countries like Australia, NZ, UK etc to travel to US - Visa free for upto 90 days.

 

[Abello]

Hello all,

Can I still get a US VISA if I get a peace bond in Canada?
Will I still be able to get a WORK VISA in the United states if I have ever been arrested in Canada, but the charges were withdrawn via peace bond?
Should I wait until I finish the peace bond to apply for citizenship, or wait for record and fingerprint deletion?
What will my criminal record check level 2 look like after the peace bond or while I am on it?

 

[adamkhang]

Hello all,

Can I still get a US VISA if I get a peace bond in Canada?
Will I still be able to get a WORK VISA in the United states if I have ever been arrested in Canada, but the charges were withdrawn via peace bond?
Should I wait until I finish the peace bond to apply for citizenship, or wait for record and fingerprint deletion?
What will my criminal record check level 2 look like after the peace bond or while I am on it?

follow

 

[Abello]

follow

You want me to follow you?

 

[Bob49]

have you applied the RCMP crimnal record check? any record there?

All,

Charged with Assault case in May 2021
ISsued Peace bond and charges were withdrawn in July 2021
Peacebond expired in 2022.
So now I m applying for citizenship in 2023. Shall I disclose anything there as charges and peacebond both expired. I have already applied for file destruction and waiting for that. So the million dollar question is

Are you now charged with, on trial, or subject to a party to an appeal relating to:

An offence under citizenship act or an indictable offence in Canada ?

Shall I answer "NO" because a) I am currently not charged at the time or citizenship application b) Charges were withdrawn over 2 years ago and Peacebond expired over a year ago.

Thanks

 

[Bob49]

Thank you. You're very nice.. Appreciate your positive responses. I can sleep now after being so anxious about the letter..

So if you apply after the peacebond expired would you answer the following question as no?

"Are you now charged with, on trial, or subject to a party to an appeal relating to:

An offence under citizenship act or an indictable offence in Canada"

Considering peace bond is expired andd charges were withdrawn when it was issued.

 

[Faheem00]

Caution: Not All Peace Bonds Are the Same.

Peace Bonds are issued in different circumstances and often are subject to different conditions. What ultimately matters is whether there was an "arrest," whether there is a criminal case pending, or a criminal case disposition relevant to the prohibitions.

Another key question is whether the applicant truthfully responded in item 16 (application version 10-2017), which is about circumstances which might constitute a prohibition. Some of the situations in which a peace bond is issued DO require disclosure in item 16 EVEN IF it does not constitute a prohibition. (If the situation resulting in the peace bond occurred after the application was submitted, an applicant is required to give IRCC notice of the situation if it falls into any of the described situations in item 16.)

There is NO ONE ANSWER regarding a "peace bond" applicable to all applicants with a peace bond. In particular, the impact (or lack of impact) of a peace bond for one applicant does not reveal what the impact of the peace bond for another applicant will be. It depends.


Overall:

Many times a Peace Bond has NO impact on citizenship application (even if it triggers a Finger Print request) BUT there are some circumstances in which a Peace Bond is related to a proceeding which at least requires the applicant to disclose it to IRCC at the time of the application or while the application is in process, and some which arise from a situation which does constitute a prohibition.

Thanks for the detailed message. would be great if you can enlighten me as well. I have an active peace bond, and I have already applied for my Citizenship application. IRCC asked me for finger prints. after reading your comment I think I should have attached peace bond along with the application. Would it be okay if I send peace bond now. They didn't asked me for it yet though.

Please advise if you have any idea about

 

[Faheem00]

All,

Charged with Assault case in May 2021
ISsued Peace bond and charges were withdrawn in July 2021
Peacebond expired in 2022.
So now I m applying for citizenship in 2023. Shall I disclose anything there as charges and peacebond both expired. I have already applied for file destruction and waiting for that. So the million dollar question is

Are you now charged with, on trial, or subject to a party to an appeal relating to:

An offence under citizenship act or an indictable offence in Canada ?

Shall I answer "NO" because a) I am currently not charged at the time or citizenship application b) Charges were withdrawn over 2 years ago and Peacebond expired over a year ago.

Thanks

Hi, Would be great if you can tell us here what's the update of your application. I have an active peace bond and already applied for application, and didn't mentioned in the application. IRCC requested for finger prints now. what should I do? should I send them copy of peace bond by myself without even they asked?

 

[dpenabill]

Thanks for the detailed message. would be great if you can enlighten me as well. I have an active peace bond, and I have already applied for my Citizenship application. IRCC asked me for finger prints. after reading your comment I think I should have attached peace bond along with the application. Would it be okay if I send peace bond now. They didn't asked me for it yet though.

Please advise if you have any idea about

I am no expert. I am especially NOT qualified to evaluate and give an opinion about any particular individual's case. As noted in the post you quote (which was made many years ago), there are many variables, not all situations are the same. The details in your specific case are what matter.

I do not how the peace bond in your situation affects you. It depends. At this stage you can either follow the directions you get from IRCC and respond to all requests accordingly, and see where things go, OR you could pay for a consultation with a lawyer to review all the relevant information and give you an opinion about what to do next.

That said, the peace bond itself will not likely resolve questions, IF there are questions. Generally a certified copy of the official court records will provide IRCC with the information it needs, IF IRCC needs more information.

CAUTION: Sometimes an active peace bond means a criminal case is still technically pending, the completion of the terms of the peace bond a condition for whatever final disposition is provided for. This is NOT always the case and maybe not even usually the case; again, these things vary considerably. But if, for example, if there was a criminal charge for a hybrid or indictable offence, and it is still technically pending, pending the completion of conditions such as those prescribed in a peace bond, that could constitute a prohibition and, more problematically, should have been disclosed in the application (disclosing what resulted in the peace bond more than just the fact of a peace bond). If you are certain there is NO outstanding criminal offence charge (that if there was a criminal charge, for example, it has been conclusively discharged), there should be nothing to worry about. If there was a conditional discharge, unless all the conditions have been completed satisfactorily (which most likely means that the terms of any accompanying peace bond are completed, done), so that the discharge itself is FINAL, I do not know whether there might be an issue -- main thing is whether there is a criminal charge involved and if so, what that is and what the precise disposition of it is. The latter would be part of the official court records.