IRCC asking for details about criminal charge that were withdrawn.

[Nav27]

It was withdrawn 3 years before I applied. I also mentioned to them that I had charges but no conviction.

@felix70 Thank you so much. My friend applied for his PR but he got charged later on & charges got withdrawn. Do he needs to disclose it right away or wait for ircc to ask him.

I was not sure if IRCC could see withdrawn charges. One last thing I want to ask if these charges were mentioned on your PCC or it was clear.

Thanks again

 

[felix70]

@felix70 Thank you so much. My friend applied for his PR but he got charged later on & charges got withdrawn. Do he needs to disclose it right away or wait for ircc to ask him.

I was not sure if IRCC could see withdrawn charges. One last thing I want to ask if these charges were mentioned on your PCC or it was clear.

Thanks again

It's crazy because this charges were in canada, and I recently did a criminal background check for volunteering and even coaching kids, and this charge never came up or showed up in my background check.
But I think when they do a background check with immigration, since it is intensive, with RCMP, this charge shows up.

 

[felix70]

It's crazy because this charges were in canada, and I recently did a criminal background check for volunteering and even coaching kids, and this charge never came up or showed up in my background check.
But I think when they do a background check with immigration, since it is intensive, with RCMP, this charge shows up.

I think the way I have come to see it is this.

Once you are charge, you have a criminal record.

Now the outcome of that charge determines if it is a positive or a negative record.
That is how I now see it.

 

[Canada2020eh]

I think the way I have come to see it is this.

Once you are charge, you have a criminal record.

Now the outcome of that charge determines if it is a positive or a negative record.
That is how I now see it.

Not necessarily but they can keep some information on file.

Non-conviction information
Your file in the National Repository of Criminal Records may include conviction and/or non-conviction records.

Non-conviction refers to police charging you with a crime, but you weren't convicted. This includes withdrawn or dismissed charges, and stays of proceedings.

You may request the destruction of non-conviction information.


https://www.rcmp-grc.gc.ca/en/managing-criminal-record

 

[TY7890]

Yes I am absolutely certain that the charges were dropped. I fact I signed up as a volunteer coach this summer and I was asked to do a criminal record check of which I did and there was no criminal charge. Also there was a peace bond for one year and charges withdrawn.

Hi, @Nav27 we are in a similar situation. Can you please tell me how did she withdraw the charges?

 

[Dc4408]

I assume there are assault charger or something similar? If so, you need to resolve these charges before you will be allowed to sponsor your wife.

Hi
Can u please tell that what was the charge as I m facing charges and I have a 4th date coming and I m so much worried and also want to sponcer my wife but I m stuck with charges ...and my wife do not know anything about this...
My ex gf places charges when I was not here I was in my home country .... please help share your time line about Court case like charges and how long it took ???

Hi Harshp, were you able to sponsor your spouse ? Someone I know was in a same situation and how they dealt with it.

 

[Franklin Yetmo]

husband lived in india As a refugee for 4 years indian law does not recognize refugee . We wanted to get marry there but the law says one person must be a citizen so we mover to his country of origin but before he left, he paid fine to get exit permits. We applied for pcc the india embassy responding they cannot issue PCC because he overstayed 4 years and defaulted fines and was blacklisted so pcc can not be issued. This is the only thing holding my filing for spousal sponsorship please advise if this going to affect us. Or if we can include a letter of explanation

 

[Flaky30]

Hello Everyone,
I applied for HCCP and my hubby his in Canada on pgwp, ircc request letter says:
This letter refers to your application for permanent residence under the Home Child Care
Provider Class.
In order to continue processing your application in Canada, further information is required. You
must complete/submit the following to the Case Processing Centre:
[X] Our records show that your spouse has in Canada
criminal charges(x2) filed against him. Please provide documents showing the disposition of
these charges.

 

[Flaky30]

Please what is your visa outcome?

 

[Ponga]

Please what is your visa outcome?

You need to provide the information that IRCC is requesting.

What is the status of the two charges that have been filed? Has he been convicted of the charge(s)?

If the charge(s) have not been dropped, he may need to wait until the process plays out to see if he is convicted. This is why IRCC needs to know what's happening now.

 

[scylla]

Hello Everyone,
I applied for HCCP and my hubby his in Canada on pgwp, ircc request letter says:
This letter refers to your application for permanent residence under the Home Child Care
Provider Class.
In order to continue processing your application in Canada, further information is required. You
must complete/submit the following to the Case Processing Centre:
[X] Our records show that your spouse has in Canada
criminal charges(x2) filed against him. Please provide documents showing the disposition of
these charges.

You need to provide the details IRCC has requested. Hopefully you declared the charges / arrest in your application and hopefully the charges have been dropped now.

 

[Flaky30]

You need to provide the information that IRCC is requesting.

What is the status of the two charges that have been filed? Has he been convicted of the charge(s)?

If the charge(s) have not been dropped, he may need to wait until the process plays out to see if he is convicted. This is why IRCC needs to know what's happening now.

There is a court case in April 2024, but will i have to wait for that, his in Canada and what other way can we come in faster please

 

[Flaky30]

You need to provide the details IRCC has requested. Hopefully you declared the charges / arrest in your application and hopefully the charges have been dropped now.

The lawyer wrote a letter of disposition to IRCC, what other way can will come in faster please, because the court date in April 2024

 

[scylla]

The lawyer wrote a letter of disposition to IRCC, what other way can will come in faster please, because the court date in April 2024

So the criminal charge haven't been resolved yet and your spouse has a court date in April 2024? If so, IRCC generally won't move forward with the application until the court case is held and the outcomes of the criminal charges are known (i.e. if the charges are dropped or there is a conviction).

I don't know what you mean by "what other way can will come in faster".

I also don't know what you mean by "letter of disposition". I assme your lawyer wrote a letter explaning the circumstances and providing the details of the charges?

Male sure you are working with a very good criminal lawyer so that the charges either end up being dropped or not end in a conviction. Otherwise that may impact your ability to get PR.

 

[Flaky30]

So the criminal charge haven't been resolved yet and your spouse has a court date in April 2024? If so, IRCC generally won't move forward with the application until the court case is held and the outcomes of the criminal charges are known (i.e. if the charges are dropped or there is a conviction).

I don't know what you mean by "what other way can will come in faster".

I also don't know what you mean by "letter of disposition". I assme your lawyer wrote a letter explaning the circumstances and providing the details of the charges?

Male sure you are working with a very good criminal lawyer so that the charges either end up being dropped or not end in a conviction. Otherwise that may impact your ability to get PR.

Thanks for the prompt reply...The criminal charges isn't yet dropped, Whao that is a wrong wait, a letter of disposition is written by the lawyer giving details...Got a good lawyer and hoping for the best and case dismissal....Thanks for all the quick replied again