I waited, but I think you can still apply. If your probation is nearing the end, go for it. By the time they start processing your application and you get your interview etc. your probation would have ended. I believe you can apply, but im not 100% sure.
Conditional Discharge - Canadian Citizenship Application experience
- Thread starter can902
- Start date
Don't plea guilty to something you didn't do. But you definitely need to speak to a lawyer. You can't get legal advice here.@can902 I had applied for my citizenship and my husband falsely charged me with strangling choking and assault, I haven't done strangling, When he went outside he did strangling to himself to get mark on his neck and he always made proofs of our fights every time.
I dont know if i should fight or plea guilty for the crime i haven't done because the crown mentioned 6 month house arrest and 1 year probation if i plea guilty at initial stage...
I don't know if i win or lose, what should i do, Im on PR status and i don't wanna lose my citizenship?
Hi everyone i had my PR scene 2019 I applied for citizenship in 2022 , I got charged for a really stupid mistake that looked big, after waiting almost 2 years for my trial, which was a week ago I got 18 months house arrest 9 months just work and the other 9 is with a cerfew and 3 years probation, when I was still waiting for my trial I got sent to do my citizenship test I was shocked because they took my fingerprints so I thought my application would stop, I did my test and passed, but then after that nothing happened till before my trial 2 days the immigration sent me a letter saying that my application was closed, I’m not sure what to do, do I have to wait the 18 months then the 3 years probation, I got me self into a big mess that I can’t get myself out of, if anyone has any experience please help thank you.
Hi everyone i had my PR scene 2019 I applied for citizenship in 2022 , I got charged for a really stupid mistake that looked big, after waiting almost 2 years for my trial, which was a week ago I got 18 months house arrest 9 months just work and the other 9 is with a cerfew and 3 years probation, when I was still waiting for my trial I got sent to do my citizenship test I was shocked because they took my fingerprints so I thought my application would stop, I did my test and passed, but then after that nothing happened till before my trial 2 days the immigration sent me a letter saying that my application was closed, I’m not sure what to do, do I have to wait the 18 months then the 3 years probation, I got me self into a big mess that I can’t get myself out of, if anyone has any experience please help thank you.
You might need assistance of an immigration lawyer to help you with your citizenship project.Hi everyone i had my PR scene 2019 I applied for citizenship in 2022 , I got charged for a really stupid mistake that looked big, after waiting almost 2 years for my trial, which was a week ago I got 18 months house arrest 9 months just work and the other 9 is with a cerfew and 3 years probation, when I was still waiting for my trial I got sent to do my citizenship test I was shocked because they took my fingerprints so I thought my application would stop, I did my test and passed, but then after that nothing happened till before my trial 2 days the immigration sent me a letter saying that my application was closed, I’m not sure what to do, do I have to wait the 18 months then the 3 years probation, I got me self into a big mess that I can’t get myself out of, if anyone has any experience please help thank you.
I agree that obtaining the assistance of legal counsel is a good idea generally. And you may indeed really need the assistance of a competent immigration lawyer . . . to avoid losing PR status rather than further pursue the application for citizenship.Hi everyone i had my PR scene 2019 I applied for citizenship in 2022 , I got charged for a really stupid mistake that looked big, after waiting almost 2 years for my trial, which was a week ago I got 18 months house arrest 9 months just work and the other 9 is with a cerfew and 3 years probation, when I was still waiting for my trial I got sent to do my citizenship test I was shocked because they took my fingerprints so I thought my application would stop, I did my test and passed, but then after that nothing happened till before my trial 2 days the immigration sent me a letter saying that my application was closed, I’m not sure what to do, do I have to wait the 18 months then the 3 years probation, I got me self into a big mess that I can’t get myself out of, if anyone has any experience please help thank you.
If IRCC has "closed" the application for citizenship, meaning it has been terminated because, in effect, it has been denied or rejected, mostly likely on prohibition grounds, there really is not much if anything at all you can do with that. Regardless which offence it is, you are now prohibited from a grant of citizenship for the next three years because you are on probation.
You do not state what the offence is but given the severity of the punishment it is likely (almost certainly) an indictable offence and also likely (but maybe not) an indictable offence constituting serious criminality. In particular, if the offence for which you have been convicted could have resulted in imprisonment for ten years, that could lead to inadmissibility proceedings based on serious criminality. If determined to be inadmissible for serious criminality that terminates your PR status.
Assuming you are not subject to inadmissibility proceedings, any plan to become a Canadian citizen is now a long way off. Six years minimum unless the period of probation is reduced. This is because time on probation does NOT count toward meeting the physical presence requirement, so to meet the physical presence requirement for a new application you will need to be physically present in Canada at least three years AFTER your probation is completed. That's the best case scenario.
Hello I have a question actually I and my spouse also have 810 peacebond which is still active and I wanted to apply for sowp and pgwp do you have any idea if it affects the application or nothi, During your 5-year eligibility period, did you spend time serving a sentence (Type of sentence - Imprisonment, Parole, Probation, other)
This is very confusing if I have to answer yes or no . Here is my situation - I was charged under Assault, 266 CCC on 5th August 2018 in Canada. I was bailed out the same day morning (not in the eligibility period). The charges were unjustified and were the result of misunderstanding, as I had never assaulted anyone. I used my legal option to fight the allegations against me, and the case was ultimately withdrawn with S. 810 Peace Bond for 1 year on April 25, 2019 (during the eligibility period). My 5 years eligibility period started from December 24, 2018. Not sure if this is considered as probation or any other type of sentence. Please guide in this situation If yes, then do we calculate from Dec 24, 2018 to April 25, 2019 as Probation? or peace bond was for 1 year. so do I need to calculate another 1 year? i.e., until April 25, 2020.
(Note: I am PR since Feb 20, 2020) Though I am physically present in Canada for more than 1095 days in any case but I want to make sure that I calculate accurately to avoid miscalculation. Please guide. thank you so much for all your help
Thanks
Hi I am having an active peacebond and want to apply for pgwp and sowp extension do you know that active peacebond affects this applications?Thanks. I don't think the conditions you mentioned on the peace bond constitute any sentencing. In the application, the sentence is defined in terms of time spent in prison, on parole, and probation. In my opinion, none of this applies in your case. However, the law is complex and I would advise you to have a formal consultation with an immigration lawyer to be on the safer side if you need to disclose your case/expired peace bond. This is because the IRCC can accuse you of withholding material facts and deem you inadmissible. For example if I read this: Do I Need to Disclose my Withdrawn Criminal Charges to the IRCC? - Invicta Law. Your goal is to avoid complications, so the best way to get the peace of mind is to seek legal advise (it's worth it to spend 300-500$ than to fight an unfavorable IRCC's decision later on). The last thing you want in this country, especially if you are in immigrant is to deal with the legal matters.
In my case, I have completed my probation but when it comes to whether or not I should declare, I see conflicting information. When I read this Physical Presence Calculator (cic.gc.ca), it clears says I don't need to declare it to IRCC and the time spent on probation can be counted towards my physical presence. However, in the citizenship application (online form), it also says "Time spent in prison, on parole or on probation won’t count toward your physical presence." This is contradictory information from the same source (IRCC). I'm going to seek legal advice.
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In summary, while these forums are helpful to share experiences, no one can give you legal advice. Everyone's circumstances are different and IRCC reviews the applications case to case (they're quite stringent and often apply a cookie-cutter approach). If you have ever been tagged in the criminal justice system, and while we may like to think that there is no criminal record, there is a permanent court record which is accessible to the IRCC or other govt organization (to say the least). Therefore, it's best to get legal advice to secure what matters to you. Good luck.
Has anyone gone through the same situation as us?
Thankyou