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Citizenship Applications Delivered: October 16-20, 2017 (C6)

Kan_Sri

Champion Member
Feb 14, 2014
2,244
354
Visa Office......
New Delhi
App. Filed.......
Mar 05-2014
First of all I would recommand you to get a good lawyer and get ur charges dropped .as your charges dropped or you will win the case you wont have no problem but if your charged / convicted during the process then your citizenship will be denied while security check.i would suggest you to withdraw your citizenship application and deal with the criminal matter first.you can apply citizenship later once ur done dealing with ur case.sorry to hear that happened .stay strong and good luck.
just a question - does it even matter what is the nature of the charge? any arrest - does it result in citizenship getting denied?
 

GG1

Star Member
Oct 16, 2017
52
28
Hi all,
So i indicated earlier this week that I received my AOR assuming that it was for my second application that I sent early january as my october application was "lost". After accessing ECAS i found out that it was actually my October application. Funny enough I go to check mail today and had mail from IRCC; it was the january application that I apparently used the wrong form (june instead of oct). I am happy that it was returned as i was told by some here that having two applications may cause issues.

I have a question: and that is that should i call IRCC and ask whether the return of my january application will affect my october application as i am already on ECAS?

My advise to all october applicants who haven't received an AOR is the following:
1- You must wait at least for 12 weeks since the delivery of your application to allow them to process your application
2- if you do not hear by the 10 or 11 week then go ahead and open a claim or investigation both with IRCC and through the courier which you used to send your application. This is simply because a lot of applications get lost just through the mishandling of the staff at IRCC and opening an investigation will prompt them to look at your application and at least try to find it.

Good luck and God bless us all :)
Congrats for ur aor.how abt someone like me who sent anew application using the same old october form format and new date with same old receipts and explanation letter ?is that what you did aswell?
 

hime

Hero Member
Jun 15, 2012
375
69
Canada
Visa Office......
CPC-O
NOC Code......
2132
IELTS Request
8.5
LANDED..........
22-05-2015
I just received AOR. Good news! Please update the sheet.

Bad news, of friday i got arrested and charged for assault so wondering what would happen. Have trial start date on friday, they fingerprinted me and released me on bail under own recoignizance. No probation yet.
Please get in touch with @dpenabill He may guide you as what to do.
 
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GG1

Star Member
Oct 16, 2017
52
28
just a question - does it even matter what is the nature of the charge? any arrest - does it result in citizenship getting denied?
I believe so.if its a crime and been charged most likely it will be denied .unless you charged and its past 5 years.
 

nabeeljafri

Full Member
Feb 5, 2014
46
6
Category........
Job Offer........
Pre-Assessed..
App. Filed.......
23-12-2013
Doc's Request.
09-07-2014
AOR Received.
12-02-2014
Med's Request
08-07-2014
Med's Done....
05-09-2014
Passport Req..
27-10-2014
VISA ISSUED...
01-12-2014
LANDED..........
18-12-2014
Hi, can you please add me to the spreadsheet as well?

ID: nabeeljafri
Location: Toronto
App type: Single
App sent: Oct 16, 2017
App delivered: Oct 19, 2017
AOR: Jan 28, 2018

Thanks!
 

Alyssagreen

Full Member
Dec 17, 2017
47
6
I just received AOR. Good news! Please update the sheet.

Bad news, of friday i got arrested and charged for assault so wondering what would happen. Have trial start date on friday, they fingerprinted me and released me on bail under own recoignizance. No probation yet.
Assault can be treated as indictable offence or summery convinction. Get a good criminal lawyer. The lawyer should be able to drop off your charges if this is the first time you got charged or he can get you summery convinction. The last thing you want is convicted for indictable offence. If your charges drop or you get summery convinction there is a very good chance to get your citizenship. I suggest to go see a lawyer first and describe your situation. Good Luck!
 

dpenabill

VIP Member
Apr 2, 2010
6,437
3,183
Please get in touch with @dpenabill He may guide you as what to do.
Caveat: I am NOT an expert. Really NOT an expert.

I can offer some observations based on a general understanding of similar events.

I just received AOR. Good news! Please update the sheet.
Bad news, of friday i got arrested and charged for assault so wondering what would happen. Have trial start date on friday, they fingerprinted me and released me on bail under own recoignizance. No probation yet.
I largely concur in the essential parts of the post by @GG1 . . . especially the part about getting a good lawyer, sooner rather than later.

Foremost: the seriousness of this is, of course, directly related to the nature and seriousness of the underlying reasons for the arrest and charge. Many tend to understate or underestimate the seriousness of what happened, but objectively an "assault" arrest can involve situations which range from a minor matter arising from a misunderstanding to a very serious matter which involves an actual battery (actually striking a blow for example), with many particular circumstances influencing how serious it is in-between a minor matter and a very serious matter.

It is important to weigh the seriousness of this based on what you are ACCUSED of doing, not your own account of what actually happened.

The formalities of the charge are important.

-- If it is a Summary Offence (relatively minor matter) there is a good chance this will not derail your citizenship application, but that depends on the particulars (such as whether there is any probation imposed). Lawyer's assistance can make a big difference.

-- If it is an Indictable Offence, you are now prohibited from a grant of citizenship. You have an obligation to notify IRCC of the charge. You do not necessarily need to rush doing this, but you should plan to do so timely or withdraw the application. A lawyer can help you make decisions about this. BE SURE TO LET THE LAWYER KNOW YOU ARE A PR and APPLYING FOR CITIZENSHIP and make sure the lawyer you actually hire is knowledgeable about how criminal charges affect BOTH eligibility for citizenship AND PR STATUS itself.

-- If a lawyer can get the charges dismissed, or dismissed in lieu of a Peace Bond (with immediate discharge of the charges, not a conditional Peace Bond), that would allow you to go forward with the citizenship application.

-- If what happened involved an actual battery, or for other reasons was relatively serious (such as involving a serious threat or a weapon), even if just ALLEGEDLY (again, be sure to weigh things based on what you are accused of doing, not your own account of what actually happened), it is important to be aware that this could result in LOSING PR STATUS, not just becoming ineligible for citizenship, but INADMISSIBLE and subject to deportation. The risk depends on the seriousness of the charge and the disposition, and in particular what the sentence is in the disposition. I have NOT kept current on what the threshold is now for PR inadmissibility; I just know that the risk goes up if there is any jail term of much significance. This is lawyer-stuff. The threshold for deportation was lowered by a lot during the Harper government years.


In the meantime, I do not know the Canadian criminal justice system at all that well, but I doubt you have a "trial" date just one week after the arrest. It is more likely a formal arraignment on the charges. It is more likely that is when you will learn what it is in particular you are charged with, the formal charge (I assume the arrest was without a warrant, made by police shortly after the events leading to the charges; if so, a prosecutor will need to prepare a formal charge for your arraignment). If somehow you could get a lawyer's help today or early in the day tomorrow, and the underlying event is relatively minor, it is possible the lawyer can make a deal so that you are not arraigned for an Indictable Offence . . . either by making a deal outright or by getting the arraignment postponed allowing time to make a deal. Again, of course, this is dependent on how serious the underlying facts are, but if it is possible to avoid being arraigned on an Indictable Offence that could save your eligibility for citizenship.

Note: if the charges result in being convicted of an Indictable Offence, that results in being prohibited from a grant of citizenship for FOUR YEARS from the date of the conviction. Unless this arose from an obviously minor matter and the formal charge is explicitly a SUMMARY offence, it is important to LAWYER-UP.


just a question - does it even matter what is the nature of the charge? any arrest - does it result in citizenship getting denied?
Yes. A lot. Indeed, as I outline above, the nature of the charge can not only affect whether the PR is eligible for citizenship, but risk losing PR status.

Not all criminal charges result in an arrest. On many occasions a person can be charged with a Summary Offence by citation. This does not result in a prohibition unless the PR is incarcerated or placed on probation. Just being charged with an Indictable Offence results in a prohibition while the charge is pending. A conviction for an Indictable Offence results in a FOUR year prohibition.


So i indicated earlier this week that I received my AOR assuming that it was for my second application that I sent early january as my october application was "lost". After accessing ECAS i found out that it was actually my October application. Funny enough I go to check mail today and had mail from IRCC; it was the january application that I apparently used the wrong form (june instead of oct). I am happy that it was returned as i was told by some here that having two applications may cause issues.
Whoa. Whoa. Reminder: If in doubt, follow the instructions, otherwise, yep, follow the instructions.

And do so conscientiously. Hopefully you paid a lot better attention to the details in the application you sent in October than you did in sending a totally inapplicable form in January. (Curious aside: when or where did you get the form sent in January, as it has not been available at the IRCC website since October?)

It appears you might not have a copy of the application sent in October. Another reminder: ALWAYS KEEP A COMPLETE COPY OF EVERYTHING YOU SEND TO IRCC.

If you do have a copy of your October application, the fact you did not compare it (or somehow overlooked the differences) when you filled out the one sent in January, is NOT a good sign. Applying for citizenship is a serious matter. Those applying should take it seriously.

Other than being an indication you may have failed to approach the process conscientiously, the returned-second-application itself should have NO negative impact at all.

NOTE: while a returned application means that IRCC did not open a citizenship application file in GCMS, my strong guess is that IRCC made and keeps a complete photocopy of the returned application, including a copy of the package it arrived in, and this is probably kept for some period of time, linked to the individual's client number. Of little or NO import unless there are blatant inconsistencies in the information.