Impaired Driving Impact on Citizenship

[alexcartio]

Hello
i got Impaired Driving summary conviction , and now i have to send my application for citizenship , whats the impact of this on my application process?

 

[PMM]

Hi

Hello
i got Impaired Driving summary conviction , and now i have to send my application for citizenship , whats the impact of this on my application process?

1. Yes it can, it depends on the sentence

Prohibitions
If you have committed a crime in or outside Canada, you may not be eligible to become a Canadian citizen for a period of time. This includes if you:

• are serving a sentence outside Canada
• are serving a term of imprisonment, on parole or on probation in Canada
• are charged with, on trial for, or involved in an appeal of an:
  • indictable offence in Canada
  • offence outside Canada
• have been convicted in the four years before applying for citizenship of an:
  • indictable offence in Canada
  • offence outside Canada

Time spent serving a term of imprisonment, on parole, or on probation doesn’t count as time you have lived in Canada.

 

[alexcartio]

Hi



1. Yes it can, it depends on the sentence

Prohibitions
If you have committed a crime in or outside Canada, you may not be eligible to become a Canadian citizen for a period of time. This includes if you:

• are serving a sentence outside Canada
• are serving a term of imprisonment, on parole or on probation in Canada
• are charged with, on trial for, or involved in an appeal of an:
  • indictable offence in Canada
  • offence outside Canada
• have been convicted in the four years before applying for citizenship of an:
  • indictable offence in Canada
  • offence outside Canada

Time spent serving a term of imprisonment, on parole, or on probation doesn’t count as time you have lived in Canada.

Thanks for the reply , does it make a different if the offence is indictable or summary ?
I alreday served almost 5 years after my PR and because c24 i had to wait now im eligible to send out , i got conviction last week , should i still wait ?

 

[dpenabill]

. . . does it make a different if the offence is indictable or summary ?

Yes. If the conviction is based on an indictable offence, there is a total prohibition for FOUR years from the date of conviction.

For a summary offence, the impact depends on the sentence.

Anyone convicted in Canada of an offence for driving while impaired or driving with a BAC over 80 milligrams, is almost certainly subject to a term of probation.

For so long as the PR is on probation he or she is NOT eligible for a grant of citizenship. In particular, he or she is prohibited from obtaining citizenship.

Thus, a PR must wait until he or she has completed the probation and is in effect discharged before becoming eligible to apply.

Moreover, days on probation do not count toward meeting the PR presence requirement. Thus, from the date a PR was given probation until the date the PR has completed probation, those days will NOT count toward presence in Canada. This can have a big impact on the PR's future eligibility since all days which do count must be within the previous six years (current requirement) or within the preceding five years (when C-6 change to 3/5 rule takes effect). Thus, for example, if the PR is on probation for two full years or more, that could mean having to start over in terms of counting days.

I am not familiar with the typical length of probation in these sorts of cases. Anyone in this situation should be aware how long he or she is on probation.

Minor criminality is one of the more common reasons why long-term PRs well settled in Canada have difficulty becoming a citizen.

 

[alexcartio]

Yes. If the conviction is based on an indictable offence, there is a total prohibition for FOUR years from the date of conviction.

For a summary offence, the impact depends on the sentence.

Anyone convicted in Canada of an offence for driving while impaired or driving with a BAC over 80 milligrams, is almost certainly subject to a term of probation.

For so long as the PR is on probation he or she is NOT eligible for a grant of citizenship. In particular, he or she is prohibited from obtaining citizenship.

Thus, a PR must wait until he or she has completed the probation and is in effect discharged before becoming eligible to apply.

Moreover, days on probation do not count toward meeting the PR presence requirement. Thus, from the date a PR was given probation until the date the PR has completed probation, those days will NOT count toward presence in Canada. This can have a big impact on the PR's future eligibility since all days which do count must be within the previous six years (current requirement) or within the preceding five years (when C-6 change to 3/5 rule takes effect). Thus, for example, if the PR is on probation for two full years or more, that could mean having to start over in terms of counting days.

I am not familiar with the typical length of probation in these sorts of cases. Anyone in this situation should be aware how long he or she is on probation.

Minor criminality is one of the more common reasons why long-term PRs well settled in Canada have difficulty becoming a citizen.

thanks for reply , i got 6 months driving license suspension , which is summary charge , NOT INDICTABLE , so you mean i cant get my citizenship while im suspended ,i already fulfilled the required days ( before this matter) , and by the time i send my document and get an interview , my suspension is gone, is there any problem for this ?

 

[trebor]

thanks for reply , i got 6 months driving license suspension , which is summary charge , NOT INDICTABLE , so you mean i cant get my citizenship while im suspended ,i already fulfilled the required days ( before this matter) , and by the time i send my document and get an interview , my suspension is gone, is there any

 

[trebor]

Whe

thanks for reply , i got 6 months driving license suspension , which is summary charge , NOT INDICTABLE , so you mean i cant get my citizenship while im suspended ,i already fulfilled the required days ( before this matter) , and by the time i send my document and get an interview , my suspension is gone, is there any problem for this ?

when did you became a PR in canada?