Conditional Discharge - Canadian Citizenship Application experience

[can902]

Hi All,

I recently had my Canadian citizenship application approved and would like to share my experience. It may help someone who might find themselves in the situation that I was in.

I landed in Canada as a PR in 2016. I was charged (indicted) of a crime as a PR in 2017. I elected to plead not guilty and take the charges to court, but lost unfortunately. Thankfully, the courts gave me a conditional discharge in 2021 (court cases in Canada do take that long) with 1 year probation. I completed my probation successfully in 2022, and applied for citizenship right after, because I knew I met all the residency requirements and other citizenship requirements etc.

As per the Canadian Criminal Code, once the probation is successfully completed, there is no conviction. Though, I still have a criminal record for another 2 years or so before it is wiped clean. The criminal record is cleared 3 years after the day of completing probation. So, even though I am not convicted, my police certificate does show a record. It specifically read, 'the crime' - 'conditional discharge with probation for 1 year' on my Police record.

I am sharing this because I want to help others who may find themselves in a predicament like mine. If you are given a conditional (or absolute, which is even easier/better) discharge, you can still apply for citizenship, given your probation ends before the oath. When I applied, I had a criminal record. As I expected, IRCC requested fingerprints, and an interview. I was asked in the interview about what happened. And I answered truthfully. The officer confirmed, that because I was conditionally discharged and had completed my probation, I was not prohibited from becoming a Canadian Citizen and that my application was fine. I also want to point out, that you do not have to wait the 3 years for your criminal record to clear. As long as you're done with your probation, you are good to apply. In fact, you can even apply during your probation, but you will not be able to make the oath until you can prove that you successfully completed your probation with no breaches. You also do not have to wait for the 4 year period rule that is listed under prohibitions. The rule reads:

• in the 4 years before you apply, you were convicted of an offence outside Canada that’s equivalent to an indictable offence in Canada. This applies
  • even if you were pardoned or granted amnesty
  • regardless of when we receive your application

I completed my probation successfully, and therefore no conviction, and therefore this rule did not apply for me. I did not need a lawyer to help me apply either. I applied myself. My application was approved in under a year. So my application wasn't even deemed non-routine. Even though I thought it might be. It wasn't at all difficult.

Needless to say, try not to get charged at all nor be stupid like me. Makes things easier.

Hope this helps!

 

[azzokhalifa]

I had a breach when I finished my probation, I couldn’t make full restitution payments but it got withdrawal after cuz the amount wasn’t a lot. I did my test in feb and my interview in July this year and it’s been a year since I sent my application. My security is still in process and my criminality is passed. You think I’ll get approved ?

 

[can902]

I had a breach when I finished my probation, I couldn’t make full restitution payments but it got withdrawal after cuz the amount wasn’t a lot. I did my test in feb and my interview in July this year and it’s been a year since I sent my application. My security is still in process and my criminality is passed. You think I’ll get approved ?

I am not an expert, but I think you should be fine. A breach of your probation would result in a conviction. But if your breach was dealt with, or withdrawn as you say, you should be fine. You can always double check with your probation officer just to confirm.

Also, given the fact that your criminality is passed, that's a very good sign. Security should be ok too. I am not 100% sure but I think security is linked to or the same as BG check. It might have already passed since you took the test already. In my case, I called IRCC and specifically asked if my security was done, and they confirmed it was. Even though my tracker said it was still in progress. You can try doing that.

I wouldn't worry too much if I were you. Just always be truthful if you were asked any questions by IRCC. Again, better to just double check with your probation officer, and ask him if your probation period was over with no issues. If he says yes, you're good to go. You don't even have to go to into detail about this withdrawn breach with IRCC. All they care about, is weather you have a conviction or not. Your criminality already passed, I think you already passed this probation/discharge hurdle. The rest is just normal as is with everyone else.

I think you should be fine bro!

Best of luck.

 

[Gquest019]

@can902 under the physical presence calculation, how did you answer the question below? was it Yes or No:

During your 5-year eligibility period, did you spend time serving a sentence?
Time spent in prison, on parole or on probation won’t count toward your physical presence.

 

[can902]

@can902 under the physical presence calculation, how did you answer the question below? was it Yes or No:

During your 5-year eligibility period, did you spend time serving a sentence?
Time spent in prison, on parole or on probation won’t count toward your physical presence.

I believe I answered yes and then answered no for conviction. I am not 100% sure about the ‘yes’. Is there a way I can check my submitted application? I also remember submitting an additional document explaining my situation and why I answered no to conviction.

 

[justford singh]

Hui can902,
Can you advise in my case from your experience.

I was conditionally discharged with 1 year of probation which is over now. So, I was planning to apply for citizenship. My question is as my probation is complete what should be my answer to following question:-

Do any of the following apply to you: (required)

• I am serving a term of imprisonment, on parole or on probation in Canada
• I am serving a sentence outside Canada
• I am charged with, on trial for, or involved in an appeal for an offence under the Citizenship Act, or an indictable offence in Canada
• I am charged with, on trial for, or involved in an appeal for an offence committed outside Canada that is determined to be equivalent to an indictable offence in Canada
• I am being investigated for, am charged with, on trial for, involved in an appeal for or have been convicted of a war crime or a crime against humanity
• I have had a citizenship application refused for misrepresentation in the past five years
• I have had my Canadian citizenship revoked (taken away) because of fraud in the past ten years
• I have been convicted of an indictable offence in Canada or an offence under the Citizenship Act in the last 4 years
• I have been convicted outside Canada of an offence that is determined to be equivalent to an indictable offence in Canada in the last 4 years, even a pardon or other amnesty was granted for the offence
• While a permanent resident, I have been convicted of terrorism, high treason, treason, or spying offences
• While a permanent resident, I served as a member of an armed force of a country or organized armed group and that country or group engaged in armed conflict with Canada

I was thinking it should be "NO" as I have already completed my probation, can you suggest?

 

[can902]

Yes. Answer NO to all.

 

[justford singh]

Thanks for quick reply. Did u answered YES to this & was this the reason that u were called for interview? And did you had to explain your case in that interview?

In my case I was actually conditionally discharged but due to clerical mistake it was mentioned as suspended sentence which I got fixed recently. Due to that clerical mistake CPIC & CBSA had suspended sentence on my file which the judge has told them to fix. Do you think this can cause any issues in my application.

 

[can902]

I answered NO in my application. But they asked for RCMP record check. My record said conditional discharge so they interviewed me I guess. I explained my case very briefly. I just answered their questions.

It might cause some confusion or delay, but it won’t matter in terms of eligibility.

 

[justford singh]

Perfect.
One last question not related to this, have u ever travelled to USA after the conditional discahrge?

 

[can902]

I haven’t tried that yet. I’m thinking about it. lol.

 

[justford singh]

Whenever you do that, can you please share your experience here.

 

[mpkr]

Dear members and @can902 ,


To provide a brief overview of my sister situation, she became Permanent Resident in 2017. However, due to marital issues, she encountered legal complications during a visit to UK to meet her husband in July 2019, resulting in a criminal harassment conviction and a restraining order in UK also a fine. Then she returned to Canada in end july 2019 and she is working full time . Field her taxes and also running small business from past 4.5 years. In addition tot that she also did not leave Canada till today. Even though as per UK law it is summary but As per the Canadian criminal code of equivalency it is Hybrid offence but IRCC would consider it as indictable offence for immigration.

I have several inquiries regarding her immigration.

1. Can she apply for PR renewal which expired in October2022 from inside Canada with the UK conviction?

2. If PR renewal is not feasible, should she pursue a Temporary Resident Permit (TRP)?

3. What is the timeline for eligibility to apply for Canadian citizenship?

4. Do she need to seek criminal rehabilitation before applying for PR renewal or citizenship?

any insights about this matter would be greatly appreciated .

thank you in advance!

 

[can902]

Dear members and @can902 ,


To provide a brief overview of my sister situation, she became Permanent Resident in 2017. However, due to marital issues, she encountered legal complications during a visit to UK to meet her husband in July 2019, resulting in a criminal harassment conviction and a restraining order in UK also a fine. Then she returned to Canada in end july 2019 and she is working full time . Field her taxes and also running small business from past 4.5 years. In addition tot that she also did not leave Canada till today. Even though as per UK law it is summary but As per the Canadian criminal code of equivalency it is Hybrid offence but IRCC would consider it as indictable offence for immigration.

I have several inquiries regarding her immigration.

1. Can she apply for PR renewal which expired in October2022 from inside Canada with the UK conviction?

2. If PR renewal is not feasible, should she pursue a Temporary Resident Permit (TRP)?

3. What is the timeline for eligibility to apply for Canadian citizenship?

4. Do she need to seek criminal rehabilitation before applying for PR renewal or citizenship?

any insights about this matter would be greatly appreciated .

thank you in advance!

Hello,

I am not an expert. But I am pretty sure she can at least apply for PR renewal. The PR renewal application doesn't ask any questions about criminal history as far as I remember. I think that would be her best option for now. As for her conviction in the UK, I think she just needs to wait 4 years since her sentence ended and then apply for citizenship. You are saying she's been running her business for 4.5 years, so I think she should be good to apply. If I were her, I would definitely apply for PR renewal immediately for a peace of mind, and then just make sure that 4 years have elapsed since being convicted and sentenced. As for criminal rehab, it depends on what the equivalent punishment is here in Canada for her crime. If it is punishable by a prison sentence of 10 years or more, she'd have to do rehab. By the sounds of what you described, I don't think she'll need that either.

Again, I am not an expert, I am only sharing my thoughts.

Best of luck to her.

 

[DevH]

Hello and thank you all for sharing your first hand experiences.

@can902 I have a similar question regarding my citizenship application. I was charged with a criminal offense which I disputed and the charges were later withdrawn while I was still on trial and hence no conviction or criminal record. I was given a peace bond but it unfortunately carried probation conditions which I had no choice but to follow. While the peace bond is still active for another 3 months, I have now completed probation requirements and the judge deleted these conditions from my peace bond. When the allegations were made, I was fingerprinted and mugshot (the typical police formality) which I understand still remain on police record and only after the peace bond expires I can request a record purge.

My question is specifically if I need to disclose this information to IRCC and provide the evidence of successful completion of peace bond More importantly, if I don't, would his be deemed as withholding material facts? While there is a question (#3) under prohibits section that asks "Are you now charged with or on trail.." but there is no question that ask if someone was charged with or on trail in the past, so a little confused.

Do you think if I should wait till the peace bond expires AND once my police records are purged? I'm getting a sense that I can apply now and I don't need to disclose any additional information (regarding the past charges/probation). The questions under Prohibitions are all NO in my case, but I wanted to double check and make sure my understanding is accurate.

Moreover, if anyone could clarify what exactly is the purpose of the question # 6 "In the 5 years immediately before the date of your citizenship application, were you prohibited from being granted citizenship or taking the oath of citizenship because of misrepresentation or withholding material circumstances" Should I say YES because I was on probation and hence prohibited from being granted citizenship or NO because this prohibition only relates to misrepresentation or withholding circumstances for a past application? The question is not quite clear or maybe not reading it correctly.

Thank you in advance and good luck to you all with your applications!