Conditional Discharge

[Cor_]

Hello guys! I hope you all have been well.

I received a conditional discharge for all my charges and a 3 years probation. I do not have a criminal record nor I had to pay any fines.
I am currently on a study permit and will be applying for a work permit soon, I was wondering that will I be able to apply for my work permit with the conditional discharge and a 3 years probation?

If anyone who have had similar experience please do share, I will very much appreciate it.

Thanks

 

[Simba112]

Hello guys! I hope you all have been well.

I received a conditional discharge for all my charges and a 3 years probation. I do not have a criminal record nor I had to pay any fines.
I am currently on a study permit and will be applying for a work permit soon, I was wondering that will I be able to apply for my work permit with the conditional discharge and a 3 years probation?

If anyone who have had similar experience please do share, I will very much appreciate it.

Thanks

Conditional discharge of 6months to 3years will not be a basis for criminal inadminissibilty. However your lawyer who helped you to stay DUI charges should be in a goos position to guide you on immigration implication, if any

Re: Tran v. Canada
As a result of Tran v. Canada, a foreign national or permanent resident who receives a conditional sentence of more than six months for an indictable offence that is not punishable by at least 10 years of imprisonment will not be inadmissible based on serious criminality.

 

[Cor_]

Conditional discharge of 6months to 3years will not be a basis for criminal inadminissibilty. However your lawyer who helped you to stay DUI charges should be in a goos position to guide you on immigration implication, if any

Re: Tran v. Canada
As a result of Tran v. Canada, a foreign national or permanent resident who receives a conditional sentence of more than six months for an indictable offence that is not punishable by at least 10 years of imprisonment will not be inadmissible based on serious criminality.

Thanks for your response. So are you saying I can still apply for my work permit?

 

[Simba112]

Thanks for your response. So are you saying I can still apply for my work permit?

Only options is to apply or to leave Canada… I guess you dont have other option. If you apply, be upfront and go through lawyer

 

[Cor_]

Thanks for your response, I am starting a job next month. Therefore, I would need to apply for Work Permit.

My lawyers said it should not be an issue to apply for a work permit since I am not convicted. I am using this forum to see if anyone also been through the same process as me.

 

[Simba112]

Thanks for your response, I am starting a job next month. Therefore, I would need to apply for Work Permit.

My lawyers said it should not be an issue to apply for a work permit since I am not convicted. I am using this forum to see if anyone also been through the same process as me.

Ooh okey. I get your point. All the best with your WP

 

[Kaka2519]

Hi
I have a question. I have already applied for my residency last year in august and after two months i have charged with an assault. And now my crown is offering a conditional discharge( i don’t know yet for how long probation time will be) so i am wondering if the probation time is 1 year then do i have to wait one year to get my residency or after getting conditional discharge i can get it. Please reply me ASAP

 

[Kaka2519]

Hello guys! I hope you all have been well.

I received a conditional discharge for all my charges and a 3 years probation. I do not have a criminal record nor I had to pay any fines.
I am currently on a study permit and will be applying for a work permit soon, I was wondering that will I be able to apply for my work permit with the conditional discharge and a 3 years probation?

If anyone who have had similar experience please do share, I will very much appreciate it.

Thanks

Hi
I have a question. I have already applied for my residency last year in august and after two months i have charged with an assault. And now my crown is offering a conditional discharge( i don’t know yet for how long probation time will be) so i am wondering if the probation time is 1 year then do i have to wait one year to get my residency or after getting conditional discharge i can get it. Please reply me ASAP

 

[Simba112]

Hi
I have a question. I have already applied for my residency last year in august and after two months i have charged with an assault. And now my crown is offering a conditional discharge( i don’t know yet for how long probation time will be) so i am wondering if the probation time is 1 year then do i have to wait one year to get my residency or after getting conditional discharge i can get it. Please reply me ASAP

With current time whereas there are April 2021 application in process now, i guess your Aug 2020 application is on hold pending outcome of your conditional discharge and fulfilment of all conditions. It is hard to speculate if you will be granted PR soon after your conditional discharge or if there are certain steps to do. Your lawyer can be in good position to advice on any implication . I dont understand why you said you have to wait to get your residency while you submitted your application already.

 

[Kaka2519]

With current time whereas there are April 2021 application in process now, i guess your Aug 2020 application is on hold pending outcome of your conditional discharge and fulfilment of all conditions. It is hard to speculate if you will be granted PR soon after your conditional discharge or if there are certain steps to do. Your lawyer can be in good position to advice on any implication . I dont understand why you said you have to wait to get your residency while you submitted your application already.

Thank you for reply,
And i mean i already submitted my application for PR but its on hold right now. So my question is(lets assume i am on conditional discharge from next week for one year so do i have to wait 1 yr to get my PR done? Or i just need to submit my conditional documents to immigration and i can get it any time before probation time? I am very confused

 

[Simba112]

Thank you for reply,
And i mean i already submitted my application for PR but its on hold right now. So my question is(lets assume i am on conditional discharge from next week for one year so do i have to wait 1 yr to get my PR done? Or i just need to submit my conditional documents to immigration and i can get it any time before probation time? I am very confused

I guess Immigration would like to see you fullfil all conditions of your Conditional Discharge until you are fully discharged. But again this is legal discussion that im not an expert. If you have time, research decisions on Judicial review database if there is anything close to or relate to your situation…I’ve read case where Applicant was granted JR bases on Abuse of process citing hold of and delay on his application. In my opinion, there will be hold until you are fully discharged from all condition