+1(514) 937-9445 or Toll-free (Canada & US) +1 (888) 947-9445

conditional discharge under probation til aug 2014

gurutajsandhu

Full Member
Nov 23, 2012
27
0
Category........
Visa Office......
New Delhi
Job Offer........
Pre-Assessed..
App. Filed.......
28 May 14
File Transfer...
12 August 14
Med's Done....
Feb 2014
so., I have a buddy of mine who wants to apply for pr but., he got this situation., that he,s got conditional discharge under probation till aug 2014., anyone familiar with this kind of case plz....share ur views.......
 

scylla

VIP Member
Jun 8, 2010
95,583
21,943
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
He's inadmissible to Canada until 5 years have passed from the time his probation is completed.
 

obs35

Star Member
Mar 24, 2012
156
37
scylla said:
He's inadmissible to Canada until 5 years have passed from the time his probation is completed.
Wrong! how can you say such a blank statement that he's inadmissible and has to wait 5 years? Maybe, maybe not. Factors like age of the offender, how long ago was the crime committed and most importantly what the crime was, if it's the equivalent of an indictable offense in Canada.
 

Debbie Ward

Newbie
Nov 10, 2013
3
1
I am not an immigration consultant, but I once was. I gave up my license because my other area of business was too busy to do immigration as well. I rec'd 100% on the module involving inadmissibility...but that was about 7 years ago. Things could have changed.

My specialty is in pardons & waivers. From what I know for sure, the conditional discharge goes away automatically after 3 years. And, if a person was convicted in Canada only, they can overcome inadmissibility in Canada once their pardon is granted. HOWEVER, if they were ordered removed or deported, they also have to come over removal or deportation with a Criminal Rehabilitation Application.

If no removal or deportation, they are no longer inadmissible if (a) conditional discharge is purged ie. Aug 2014; or (b) they have a conviction which has since been pardoned...and they do not have to apply for criminal rehabilitation.

Inadmissibility is based upon conviction or commmission of an offence. If you read the criminal code of canada, a conditional discharge is given when there has been an admission or finding of guilt but it is determined not to be in society's best interest to convict. Therefore, though technically NOT a conviction...it is still an admission of guilty. I take this to mean it is proof of commission of an offence.


Go to CIC website and search for "Application for Criminal Rehabilitation" for more information on inadmissibility. AND, if you want to get really detailed, search IRPA which stands for Immigration and Refugee Protection Act for laws in Canada on the matter.
 
  • Like
Reactions: Theloner