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Criminal Charges pending in Canada and during flag-poling CBSA came to know and held the passport

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rocky_9111990

Newbie
Dec 5, 2017
1
0
Hi there,

I am currently living in Canada on my Post Graduate Workpermit. I applied for PR in express entry and was approved. Right after I got my Confirmation of PR(COPR), I was accused of Criminal activity and I was charged with it and my charges are pending since then(it has been almost 8 months already). When I went to do my flag-poling, CBSA officer came to know about the pending charges and he held my passport and COPR document. I already hired the Criminal lawyer.

The issue is my COPR valid till December 24, 2017 and I dont know what to do next since my charges are still pending and CBSA said they will not approve my flag-polling until everything is clear and they are keeping my passport till then. And my work-permit is also going to be expired on same time (End of December.). Please do advice. Thank you.
 
It's not possible for you to land and become a PR while criminal charges are still pending. I would try contacting the visa office responsible for the processing of your PR application to see if they will extend your landing date (i.e. validity of your PR visa). Generally speaking, landing dates are not extend - however you'll lose nothing by asking. If they won't extend your landing date - then you would have to apply for PR again from scratch one the criminal issues have been resolved.

What kind of work permit do you hold now? Is it a BOWP or something else? How did you apply for PR?
 
Just realized you said you hold a PGWP...

I would try applying for a BOWP. Again, not sure how that will work out for you - but you have nothing to lose. Although not sure how you will do that if you don't have your passport at this time.
 
rocky_9111990 said:
Hi there,

I am currently living in Canada on my Post Graduate Workpermit. I applied for PR in express entry and was approved. Right after I got my Confirmation of PR(COPR), I was accused of Criminal activity and I was charged with it and my charges are pending since then(it has been almost 8 months already). When I went to do my flag-poling, CBSA officer came to know about the pending charges and he held my passport and COPR document. I already hired the Criminal lawyer.

The issue is my COPR valid till December 24, 2017 and I dont know what to do next since my charges are still pending and CBSA said they will not approve my flag-polling until everything is clear and they are keeping my passport till then. And my work-permit is also going to be expired on same time (End of December.). Please do advice. Thank you.
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There's nothing you can do except wait till your charges are dismissed. Assuming the CBSA has informed CIC about your charges, CIC will not let you extend your work permit. You must try to get a decision on your case before your legal status expires.
 
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