criminal charges

[bakulmanchanda]

hello people
i am from india .An accident took place 3 years before and i got charged under IPC 279(negligence and rash driving) and 337(minor injuries to the party).

The case is on the verge of completion but due to the absence of the party who filled a case against me is not showing.
On my latest court date i took permission from the court to travel to canada for studies and court granted me the permission.
I am now confused ,whether to apply for visa or wait for the case to be closed and then apply for visa.
NOTE :- i have paid my tuition fees and gic as well .

your answers would be appreciated.
thanks

 

[scylla]

Usually Canada will not issue a visa if you have criminal charges and a court case still pending. Typically you have to wait until the charges have been dealt with and the court case decided before Canada will issue a visa. However you can certainly try.

 

[bakulmanchanda]

i have not been convicted yet ... even judge is pursuing to settle the case but the person is not showing . Still can you clarify more in depth ,having a court grant to travel to canada for study and accidents can happen with any one and no major injuries were there ..it will still create a problem even if i write a letter to them with my application?
thanks

 

[bakulmanchanda]

and one more thing can you tell how canada government treat such case in canada ?
are they serious ones or less serious one?

 

[scylla]

i have not been convicted yet ... even judge is pursuing to settle the case but the person is not showing . Still can you clarify more in depth ,having a court grant to travel to canada for study and accidents can happen with any one and no major injuries were there ..it will still create a problem even if i write a letter to them with my application?
thanks

Yes - I understand you haven't been convicted. Again, typically Canada won't grant a visa until the charges have been dealt with and the court case decided. But again, you can certainly apply and see what happens.

 

[Bryanna]

As scylla has suggested, you must wait until the case is decided either which way because IRCC will not issue any visa to you until then.

It would be best if your lawyer can have the case closed by getting the court to declare that the complainant has turned hostile (legal parlance for retracting previous statements) or has become an absconder. Your lawyer would know best depending on the sections of the Law under which the case has been filed

 

[gear9]

Any update?

 

[Buletruck]

From a 6 year old post?

 

[Martian Monkey]

Bumping on this one, as I am facing the same situation. The case can be closed anytime, not an issue, but will it affect my chances?