my application become non routine

[Le Tachaque]

Can anyone advise me what I can do?

Refrain from disclosing the redundant details of your legal trouble other than what directly affects your application (whether or not you were arrested, or if it was considered a felony, and so on) on a public message board to make sure some self-assured people who think they know everything can't make pointless comments on stuff that's none of their business and get on your nerves. Also refrain from dating women who push you over the edge.

 

[virat.kohli]

I applied under express entry in november 2015. I had case of domestic assault which i neva did though !! I signed a peace bond in 2013 which is already expired in 2014 now after all verification done like police report, court documents etc. They ask for PCC again which is taking way to long almost 2 months so far acc to RCMP max 120 days they might take for this. I asked for CIC extension they gave me 30 days deadline again expiring this week, what you think they will me extension further or they can reject application ???

 

[Canadiandesi2006]

I applied under express entry in november 2015. I had case of domestic assault which i neva did though !! I signed a peace bond in 2013 which is already expired in 2014 now after all verification done like police report, court documents etc. They ask for PCC again which is taking way to long almost 2 months so far acc to RCMP max 120 days they might take for this. I asked for CIC extension they gave me 30 days deadline again expiring this week, what you think they will me extension further or they can reject application ???

In my opinion, you can request another extension from CIC by attached a copy which you sent RCMP.

Inform the CIC that despite reminder to RCMP you did not receive their response & you will submit it once you receive it. Any crucial correspondence with CIC should be done thru registered mail only.

 

[CANADAPATRIOT]

HI

I applied on April end and get the acknowledgement in June in calgary office. On September 11, I received a letter of finger printing and did that. I had a domestic violence case last year but no criminal charges are given on my records but the peace bond is expiring in Jan 2015.

I called CIC and they said that my application is become non routine due to background check

Can anyone advise me what I can do?

Wait until you become Pardon eligible. For summary offences, pardon wait time is 3 years from the date you were charged.

Good thing about being non routine applicant is that whenever you application will be decided which will be around around 2019-2020, you would have received pardon so cheers and make a drink for now

 

[supercow]

I applied under express entry in november 2015. I had case of domestic assault which i neva did though !! I signed a peace bond in 2013 which is already expired in 2014 now after all verification done like police report, court documents etc. They ask for PCC again which is taking way to long almost 2 months so far acc to RCMP max 120 days they might take for this. I asked for CIC extension they gave me 30 days deadline again expiring this week, what you think they will me extension further or they can reject application ???

I'm in the same situation as you. I got a peace bond in April 2016. I did RCMP criminal record check since April 2016, and I still wait for the report. I ask for extension, and I also got one month extension. Do you apply for extension again? What did you do?

 

[Dave7777]

I had applied for citizenship certificate for my son born outside Canada along with Sponsorship of my Spouse. There were issues with the Sponsorship and case had to be taken to the appeal division and subsequently Court. Finally I won the case. About 7 years back when the file was processed I had applied for Citizenship of my son which remained on hold. Now the PR has been issued to my Spouse last week but nothing is mentioned about my Son . Despite writing to Visa office that both mother and son will be travelling together, there is no response. Can someone suggest a way out because the Confirmation of PR and time to arrive is a time sensitive document. I could not get any status update about the minor child and getting no response or update. What is the best alternative. Any suggestion/option will be appreciated.
Thanks

 

[simoncanada]

It is indeed common for a Peace Bond to be issued without any charges having been filed, so if you are sure you were not arrested or in any way "charged," you should be OK. Just wait. A more thorough background check will hold up processing your case some, but with no arrests or charges that should not be long and then you will be on your way.

That said, the fingerprint request and response from CIC that your case is non routine due to the background check, suggests that there was a hit when they did either the RCMP background check or the GCMS/FOSS check. So you most likely want to make sure that there is no underlying charge attendant the issuance of the Peace Bond.

It is more common, for example, that there was an arrest or an initial charge, and then the Peace Bond is issued as a result, pursuant to which the charge is conditionally discharged.

If you are absolutely certain there was no charge underlying or related to the Peace Bond, skip what follows. Wait. All should go well.

If there is any question at all, however, about whether there was any initial charge, and in particular where there is the possibility that there is a conditional discharge underlying the Peace Bond, you will likely want to look at the situation more closely to ascertain this, that is whether there is a conditional discharge connected to the Peace Bond, and if there is, to consult with a lawyer to determine if you can, in effect, fix things.



If it is possible there is a conditional discharge connected to the Peace Bond:

Again, NO need to read the following if you are absolutely certain there was no arrest, no charge, no conditional discharge connected to the Peace Bond.

I do not mean to second guess your statement that there are "no criminal charges," particularly since (as I said) it is common for a Peace Bond to be issued without there being an underlying criminal charge. But it is more common, more often the case, that there was an arrest or an initial charge, and then the Peace Bond is issued as a result, pursuant to which the charge is conditionally discharged (in effect stayed, held in abeyance, or such, to be conclusively dismissed when the Peace Bond expires).

As I said, if you are certain you were never charged or arrested, you should be OK. If that is the situation, my guess is that the RCMP check had a hit for the Peace Bond, the RCMP check going beyond just a criminal records name-check (thus identifying even instances in which an individual has been a suspect, even in cases the individual may not be not aware of). Such a hit will lead to further inquiries into the individual's background, and the fingerprint request is probably (emphasis on probably since it is not as though CIC divulges these things to the public) to, one, be sure the hit is you, and secondly, to do a more thorough background check beyond just a name-check. Again, if there was indeed no arrest, no charge, while it may take awhile for this to be concluded, it should not be too long and it should all work out OK.

Alternatively, if there was an arrest, or an initial charge (such as one conditionally discharged when the Peace Bond was issued), there was likely a name-record hit for this, probably in both the GCMS/FOSS check and the RCMP check. And this could be a problem.

If you had a lawyer representing you in the case in which the Peace Bond was issued, that lawyer can positively affirm whether or not there was a criminal charge underlying the Peace Bond. Again, it is indeed common for a Peace Bond to be issued either with no criminal charge ever made or in lieu of a criminal charge being laid.

If you did NOT have a lawyer representing you in the case in which the Peace Bond was issued, there is a significant risk you understood there would be, in effect, no criminal charges on your record. However, that would depend on completing the full term of the Peace Bond. Of course, depending on how well informed you are about the process for issuing a Peace Bond, you may very well know and understand precisely whether or not there is an underlying charge conditionally discharged (thus to be fully discharged once the Peace Bond expires). But many people will be given a conditional discharge, pursuant to agreeing to the Peace Bond, and think that means the charge is dismissed, resulting in no charges being on the person's criminal record. (My sense is that more than a few prosecutors or judges, in the course of getting the parties to agree to a Peace Bond, will more or less deliberately give individuals the impression that the charge is gone without conveying that is not entirely true until the Peace Bond expires.)

Thus, in many (probably most) Peace Bond cases, any charges will be totally dismissed but that will not happen until the Peace Bond expires. In the meantime, there is indeed the charge, just not one being actively prosecuted.

And depending on what offence that charge is for, it could possibly affect the calculation of residency, or even constitute a prohibition.

So, if you are not absolutely certain there was no charge or arrest, that there is no conditionally discharged offence connected to the Peace Bond, you most likely want to find out for sure.

Many individuals could do this on their own, probably by going to the court where the Peace Bond was issued. I am not sure. I do not know how to go about it. Personally I would contact a lawyer and have the lawyer conclusively determine whether or not there is some underlying charge at stake, particularly one which has only been conditionally discharged.

Again, no need to do that if you are already absolutely certain there is no charge, was no charge.



If there was a charge or arrest, which has been conditionally discharged:

Whether or not it is a problem depends on what the offence is (among other factors). If it is an indictable offence, including an offence which can be prosecuted as either a summary or an indictable offence, I believe that is a problem, or can be a problem. This is now into the realm where my understanding is far from complete, into an area I do not know that well. A licensed, reputable, Canadian immigration and citizenship lawyer is the best resource in this situation.

I do know, however, that it is at least theoretically possible to go back to court to get the Peace Bond terminated early, depending of course on the particular circumstances of the case. It would be best to have a lawyer do this for you. There is no guarantee. It may even only be a long shot.

But if there is an underlying offence which is conditionally discharged dependent on the Peace Bond, if that is an offence which renders the applicant prohibited it would be important to get that Peace Bond terminated as soon as possible, if possible, so that the alleged offence is fully discharged. That would eliminate the prohibition.

The problem is that CIC can make a final decision to deny citizenship to any applicant under a prohibition. Thus, if there is an underlying offence which is conditionally discharged dependent on the Peace Bond, and that is an offence which renders the applicant prohibited, if CIC was to decide the case today, it would be a denial. If, however, you can get the Peace Bond terminated before CIC makes a decision, you would be good to go again (the final outcome depending, though, on whether there is an impact on the calculation of residency).

I think the above information is not 100% correct because when they asked finger print or non routine it means there is something wrong with the applicant.

it is same thing happen to my house mate .

thanks

 

[dpenabill]

I think the above information is not 100% correct because when they asked finger print or non routine it means there is something wrong with the applicant.

it is same thing happen to my house mate .

thanks

Not sure what you mean by "there is something wrong with the applicant." For example, there are no medical qualifications for citizenship.

If you are referring to criminal or security matters, yes these will typically result in a fingerprint request. Even an arrest but followed by a total dismissal (discharge) can result in a fingerprint request.

But the fingerprint request itself does not indicate any judgment about the matter triggering the request; take the arrest and total dismissal example again: this can trigger a fingerprint request but does not involve a prohibition, and thus does not preclude the grant of citizenship.

Moreover, fingerprint requests are sometimes merely to verify or establish the identity of the applicant, with no criminal or security issue involved at all.

It is always a bad idea to extrapolate definitive conclusions from single examples, but especially so relative to citizenship application processing. This is because there are so many variables and many of the variables are interrelated and also subject to contextual factors (to the extent that a particular factual circumstance in one person's situation can be a positive factor while the precise same factual circumstance in another person's situation, in a different context, can have a negative impact . . . so extrapolating the outcome based on such a fact can be totally wrong).

In any event, how it goes for one person is little more than an indication of one of the ways, among many, it could possibly go for another; and little more than that can be gleaned from mere individual examples.

The Peace Bond amply illustrates the vagaries involved, since the underlying circumstances in which a Peace Bond is issued can vary widely. Thus, one person who has been issued a Peace Bond may be ineligible (prohibited) from a grant of citizenship, at least until the terms of the Peace Bond are fully satisfied and there is a total discharge of underlying charges; in another person's situation, the Peace Bond may have zero impact on how the citizenship application process proceeds, no impact at all on eligibility. Thus, just knowing a person is subject to a Peace Bond does not illuminate whether they are eligible, prohibited, or likely to be subject to elevated scrutiny. How it goes will depend on other factors.

In any event, a fingerprint request in itself, while technically making the application "non-routine," does not necessarily indicate there will be much of a delay let alone there is a problem. But sure, if there is a problem, a fingerprint request is more likely, and how it goes will depend on what that problem is. For example, a still pending charge for an indictable offense, even if pursuant to an arrangement for it to be totally discharged after a specified period of time, constitutes a prohibition and will preclude the grant of citizenship.

 

[Ivric]

Wait until you become Pardon eligible. For summary offences, pardon wait time is 3 years from the date you were charged.

Good thing about being non routine applicant is that whenever you application will be decided which will be around around 2019-2020, you would have received pardon so cheers and make a drink for now

Why does he need a pardon when he is not convicted.

 

[NewUser2018]

HI

I applied on April end and get the acknowledgement in June in calgary office. On September 11, I received a letter of finger printing and did that. I had a domestic violence case last year but no criminal charges are given on my records but the peace bond is expiring in Jan 2015.

I called CIC and they said that my application is become non routine due to background check

Can anyone advise me what I can do?

your peace bond or probation hasnt expired and u applied citizenship therefore its normal for them to hold atleast 1 yr or atleast date when that date expires.


have this issue resolved? And got citizenship since this original post date 2014.

 

[winpro]

HI

I applied on April end and get the acknowledgement in June in calgary office. On September 11, I received a letter of finger printing and did that. I had a domestic violence case last year but no criminal charges are given on my records but the peace bond is expiring in Jan 2015.

I called CIC and they said that my application is become non routine due to background check

Can anyone advise me what I can do?

Apply for your GCMS notes under ATIP. Only then Can you have a clear picture of the situation. And unless the situation is resolved they will not move forward on this

 

[Ivric]

your peace bond or probation hasnt expired and u applied citizenship therefore its normal for them to hold atleast 1 yr or atleast date when that date expires.

Have you seen anyone here or outside getting PR for someone getting charged for domestic assault and later withdrawn or after peace bond expiry ?