I received an exclusion order for overstay and was asked to leave the country for one year. Expires January 24, 2024,. I also got a conditional discharge for assault with 18 months probation expiring July 17, 2023. If the exclusion order expires and all the conditions on my discharge met, will I still have issues getting PR through spousal sponsorship? My long time partner who is a Canadian citizen plans to marry me this October and apply for sponsorship.
Help I received an exclusion order and conditional discharge
- Thread starter angelxtine
- Start date
Was your charge simple assault, or was it more than that? If the assault was to a family member, it may be an issue even with a conditional discharge. Might be worth checking with someone that knows for sure, rather than relying on those of us in this public forum.
Having said that, I found this:
If you receive a conditional discharge: On or after July 24, 1992: The conditional discharge stays on your criminal record for three years after the date you are sentenced. After these three years, the Royal Canadian Mounted Police will seal your conditional discharge record.
And, this:
https://leromlaw.com/canada-immigration-blog/conditionally-discharged-inadmissible-to-canada
by
Lena Levtsun
in Inadmissible to Canada Posted on
03/21/2020 11:42 PM
Efffect on a Permanent Resident - Not Inadmissible
However, a Permanent Resident of Canada (PR) who received a conviction for an indictable offence and was conditionally discharged is not inadmissible to Canada. So, if a PR of Canada has been conditionally discharged, the period of probation is not considered a term of imprisonment, and, therefore, does not make such a permanent resident inadmissible under IRPA s 36(1(a). This approach has been introduced in 2017 when the Supreme Court of Canada released a decision in R. v. Tran.
Section 36(1) of the Immigration and Refugee protection Act (IRPA) reads:
Serious criminality
36 (1) A permanent resident or a foreign national is inadmissible on grounds of serious criminality for
(a) having been convicted in Canada of an offence under an Act of Parliament punishable by a maximum term of imprisonment of at least 10 years, or of an offence under an Act of Parliament for which a term of imprisonment of more than six months has been imposed.
It was assault causing bodily harm but I received a conditional discharge with all the conditions met and just waiting on the probation period to be over. It was not against a family member.
I understood that it was a conditional discharge.
The part that I'm uncertain about, is whether or not you even have to disclose the charge and conditional discharge on the PR application. If you apply after July 23rd, when your probation ends are your record of this evaporates, would not disclosing it be seen as misrepresentation? Not sure, but would lean towards "No".
*EDIT* I'm now thinking that disclosing the charge and conditional discharge would guarantee that there'd be no misrepresentation; the CD would still not be an issue in terms of immigration or admissibility, so...might be the way to go?
The part that I'm uncertain about, is whether or not you even have to disclose the charge and conditional discharge on the PR application. If you apply after July 23rd, when your probation ends are your record of this evaporates, would not disclosing it be seen as misrepresentation? Not sure, but would lean towards "No".
*EDIT* I'm now thinking that disclosing the charge and conditional discharge would guarantee that there'd be no misrepresentation; the CD would still not be an issue in terms of immigration or admissibility, so...might be the way to go?
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