I applied the citizenship in May, 2023, and got a criminal charge in Oct, 2023. The charge was withdrawn in Jan, 2024.
Until now (June, 2024), I have not receive any notifications or letters from IRCC. My application status is still in processing.
Just want to know in this kind of scenario, how long will my application be processed. And normally, what is the next step should I follow?
If the charges have been withdrawn, no probation for example, they should not constitute cause for denying the application.
Nonetheless, depending on what the charges were, they can cause non-routine processing that delays the application, typically triggering at least finger print requests. IRCC could request certified copies of court records to verify the charges are withdrawn. This is about IRCC verifying you are not subject to any prohibitions.
NOTE: your application appears to be taking considerably longer to process than many, if not most. It may be time to make a telephone inquiry to the call centre or a webform inquiry, or perhaps even make a request for a copy of the GCMS records.
Meanwhile, if any circumstances arise that constitute a prohibition, including any pending charges for hybrid or indictable offences, that will prohibit the grant of citizenship. This applies right up to the time the oath of citizenship is actually taken.
Applicants are required to notify IRCC of any changes in the information given in the application. While much of the information provided in the application is historical, so it cannot change, whether the applicant has any pending criminal charges is clearly information that can change while the application is in process, and if it does change (like if the applicant is charged with a hybrid or indictable offence, such as driving-while-impaired, or domestic assault, to name a couple of the more common ones) the applicant is REQUIRED to notify IRCC.
Reminder: as part of signing the application for citizenship, the applicant must certify that they "
agree to advise Immigration, Refugees and Citizenship Canada (IRCC) if any information on this form changes before I take the Oath of Citizenship."
Just speak with an immigration lawyer, he said 'there is no need to do that, because this is a charge happened after the application, not before', he said later I may receive a request from IRCC about this charge, and I can provide all the materials to prove this charge is withdrawn at that time. Right now, I just need to wait.
I do not intend to be rude, but frankly the claim that a Canadian immigration lawyer said there was no need to inform IRCC of the charges "
because this is a charge happened after the application, not before," is NOT credible.
In contrast, the lawyer's later comment, about IRCC requesting information, makes total sense (and is consistent with my previous observation about IRCC potentially making a request for finger prints or court records).
I suppose, even though it seems unlikely, the lawyer might simply be in error about notifying IRCC of criminal charges arising after making the application. (And of course it depends on the particular charge. No need to notify IRCC unless the charges are for an indictable offence, recognizing that any hybrid offence, that is crimes which may be prosecuted either summarily or by indictment, is considered to be an indictable offence even if charged as a summary offence.)
I say that it is unlikely a Canadian immigration lawyer might be in error about the need to notify IRCC because, again, as part of signing the application for citizenship, the applicant must certify that they "
agree to advise Immigration, Refugees and Citizenship Canada (IRCC) if any information on this form changes before I take the Oath of Citizenship."
Assuming you answered [No] in response to question 16.3 in the application, the prohibitions part of the application, that is that "
no" you were
not now charged with an indictable offence as of when you made the application, when later you were charged (assuming it was a hybrid or otherwise indictable offence) that information changed, you became someone charged with an indictable offence.
And, indeed, while such a charge was pending (again, assuming it was a hybrid or more serious criminal offence) you were subject to a prohibition and NOT eligible for citizenship. So it is a very big deal that the charges have been withdrawn; otherwise your application would be subject to rejection.
Technically the failure to notify IRCC could constitute misrepresentation; that is, misrepresentation by omission. Where the charges have been withdrawn, that is probably unlikely. Even if the charges were not withdrawn, typically IRCC simply denies the application due to the prohibition and not based on misrepresentation (the latter would result in being prohibited for five years).
