Inadmissiblity Question ~ Looking for similar Alberta / BC case

[PR0099]

This could make you inadmissible to Canada if your arrest leads to a conviction.

https://bsbcriminallaw.com/understanding-the-punishments-for-domestic-violence-in-canada/

"Domestic assault is a serious charge, and navigating the legal landscape can be challenging."

Yeah I understand the consequences if convicted.

I'm on implied status now as my current wp has expired, will IRCC pause my work permit renewal application processing until court decides on my case, how does IRCC looks at this because I'm not convicted yet and criminality check is already passed on my wp application.

 

[Ponga]

Yeah I understand the consequences if convicted.

I'm on implied status now as my current wp has expired, will IRCC pause my work permit renewal application processing until court decides on my case, how does IRCC looks at this because I'm not convicted yet and criminality check is already passed on my wp application.

Not sure abut the WP renewal, but it will likely at least be a `speed bump' in terms of your PR application. Even if you are never convicted, or the charge is dropped, you would still have to disclose that you were arrested and charged, right?

If you are truly innocent, I wish you the best of luck with IRCC.

 

[PR0099]

Not sure abut the WP renewal, but it will likely at least be a `speed bump' in terms of your PR application. Even if you are never convicted, or the charge is dropped, you would still have to disclose that you were arrested and charged, right?

If you are truly innocent, I wish you the best of luck with IRCC.

Thank you , I was told that such assault cases go on for few months at least.

And yes, I would need to disclose that for PR application but for now I'm more concerned about work permit, if it gets refused then I will be out of status and hence loose my job here.
Just wondering if CSIS upfrontly sends fingerprints data of foreigners to IRCC, if that is not the case then probably wp renewal application won't be paused since criminality check has already passed.

 

[Fuzu]

Thank you , I was told that such assault cases go on for few months at least.

And yes, I would need to disclose that for PR application but for now I'm more concerned about work permit, if it gets refused then I will be out of status and hence loose my job here.
Just wondering if CSIS upfrontly sends fingerprints data of foreigners to IRCC, if that is not the case then probably wp renewal application won't be paused since criminality check has already passed.

Did you disclose your arrest or thinking of disclosing it in your work permit application?

 

[Ponga]

Thank you , I was told that such assault cases go on for few months at least.

And yes, I would need to disclose that for PR application but for now I'm more concerned about work permit, if it gets refused then I will be out of status and hence loose my job here.
Just wondering if CSIS upfrontly sends fingerprints data of foreigners to IRCC, if that is not the case then probably wp renewal application won't be paused since criminality check has already passed.

You may want to find out if the charge already appears in CPIC

 

[Ponga]

Did you disclose your arrest or thinking of disclosing it in your work permit application?

OP states that the WP extension was submitted prior to being charged.

 

[PR0099]

Did you disclose your arrest or thinking of disclosing it in your work permit application?

I haven't disclosed it, I fear it would result in refusal, since criminality has passed I hope it won't affect now.

I know we need to declare it for PR application but is there any obligation to declare that for wp application as well on any such updates while application is being processed?

 

[Fuzu]

You may want to find out if the charge already appears in CPIC

Hi ponga I applied for 2nd study permit application. The question reads have you ever committed, been charged with, arrested or convicted of a criminal offence ?

i put no to the question. 80 percent lawyer said to put no but 20 percent said disclose my irs fail penalty anyways.

do you think I will have a problem? I know I was not charged, arrested or convicted of a crime. That is 100 % sure. But the commission part is bothering me. Did you commit a criminal offence by breaking a provincial rule and receiving a provincial citation for impaired driving ? Would love your thoughts.

 

[Fuzu]

I haven't disclosed it, I fear it would result in refusal, since criminality has passed I hope it won't affect now.

I know we need to declare it for PR application but is there any obligation to declare that for wp application as well on any such updates while application is being processed?

on the same boat as you. Didn’t declare in study permit but have no issue putting no to criminal offence again but attaching a letter of explanation for my provincial offence

 

[Fuzu]

Hi ponga I applied for 2nd study permit application. The question reads have you ever committed, been charged with, arrested or convicted of a criminal offence ?

i put no to the question. 80 percent lawyer said to put no but 20 percent said disclose my irs fail penalty anyways.

do you think I will have a problem? I know I was not charged, arrested or convicted of a crime. That is 100 % sure. But the commission part is bothering me. Did you commit a criminal offence by breaking a provincial rule and receiving a provincial citation for impaired driving ? Would love your thoughts.

@Ponga

 

[PR0099]

You may want to find out if the charge already appears in CPIC

As per current processing time it will take another 45 days or so before a decision is made on my application, by then anyways my fingerprints will be shared acrossed different Canadian agencies, the question is whether those agencies share anything with IRCC upfrontly, if yes then my application might be refused

And the other question is like after criminality stage has passed, does IRCC carry any other screening or records checking before approving wp renewal application.

 

[Simba112]

Thank you , I was told that such assault cases go on for few months at least.

And yes, I would need to disclose that for PR application but for now I'm more concerned about work permit, if it gets refused then I will be out of status and hence loose my job here.
Just wondering if CSIS upfrontly sends fingerprints data of foreigners to IRCC, if that is not the case then probably wp renewal application won't be paused since criminality check has already passed.

If you notice criminality check has been reopened, that suggests they have information about your arrest and will pause processing until decision on your case.

 

[Ponga]

As per current processing time it will take another 45 days or so before a decision is made on my application, by then anyways my fingerprints will be shared acrossed different Canadian agencies, the question is whether those agencies share anything with IRCC upfrontly, if yes then my application might be refused

And the other question is like after criminality stage has passed, does IRCC carry any other screening or records checking before approving wp renewal application.

I'm not sure if the WP extension is in any way similar to a PR application, but...

Before a person becomes a PR, they are usually asked if there have been any changes since submitting the application, related to marital status, criminality, etc., which is where they would find out.

Might be best for you to at least confer with a good lawyer ASAP, just to find out. The law firm that generously provides these free forums has their contact info at the top of this page.

 

[Ponga]

Hi ponga I applied for 2nd study permit application. The question reads have you ever committed, been charged with, arrested or convicted of a criminal offence ?

i put no to the question. 80 percent lawyer said to put no but 20 percent said disclose my irs fail penalty anyways.

do you think I will have a problem? I know I was not charged, arrested or convicted of a crime. That is 100 % sure. But the commission part is bothering me. Did you commit a criminal offence by breaking a provincial rule and receiving a provincial citation for impaired driving ? Would love your thoughts.

IMHO, yours is a bit of a grey area, because (in theory) you did `commit' the offense of driving under the influence, even though you were not charged with, arrested or convicted for a criminal offense.

I concur that at the very least the IRP should be mentioned, somewhere.

 

[Fuzu]

IMHO, yours is a bit of a grey area, because (in theory) you did `commit' the offense of driving under the influence, even though you were not charged with, arrested or convicted for a criminal offense.

I concur that at the very least the IRP should be mentioned, somewhere.