Need help.... I have been charged of a domestic assault

[sweetyvenky1]

Hi
I applied for PR through PNP in june....I am an Inland applicant
I got my file number in august....Now I am waiting for medicals
Now there has been a domestic assault case registered on me by police...the neighbours complained to police that i had a fight with my wife
my wife said no he did not hit me but we had argument but still police registered case on me ..now the case is in court ...
will this case effect my application for PR....please need your suggeston

 

[Milly.boo]

Hi
I applied for PR through PNP in june....I am an Inland applicant
I got my file number in august....Now I am waiting for medicals
Now there has been a domestic assault case registered on me by police...the neighbours complained to police that i had a fight with my wife
my wife said no he did not hit me but we had argument but still police registered case on me ..now the case is in court ...
will this case effect my application for PR....please need your suggeston

Hey my friend is in a same situation.
I have few queries regrading it.
Can you please provide me your email id?
It would be very helpful

 

[moscatojuices]

OBVIOUSLY it is going to affect your PR application. IRCC collaborate with RCMP and know about any outstanding charges and convictions against you in Canada. You will also more than likely be asked by the IRCC to re-do certain forms where you are required to disclose if there are any outstanding charges against you etc.

The first thing you need to do is consult a criminal lawyer who specializes in DV and do your best to try and not get a conviction.

This is very serious and can affect your admissibility to Canada. Expect this to affect your PR application one way or the other because IRCC will be asking you about it or will want to see your conviction quashed before making a decision on your application. They do not want wifebeaters in Canada (not saying you're one because we don't know what happened).

 

[Simba112]

OBVIOUSLY it is going to affect your PR application. IRCC collaborate with RCMP and know about any outstanding charges and convictions against you in Canada. You will also more than likely be asked by the IRCC to re-do certain forms where you are required to disclose if there are any outstanding charges against you etc.

The first thing you need to do is consult a criminal lawyer who specializes in DV and do your best to try and not get a conviction.

This is very serious and can affect your admissibility to Canada. Expect this to affect your PR application one way or the other because IRCC will be asking you about it or will want to see your conviction quashed before making a decision on your application. They do not want wifebeaters in Canada (not saying you're one because we don't know what happened).

Since this happened in 2015, 7yrs back his application is either cancelled or put on hold entirely. Not sure if poster has valid status if they drop charges, most likely they will file for exclusion order.

 

[moscatojuices]

Since this happened in 2015, 7yrs back his application is either cancelled or put on hold entirely. Not sure if poster has valid status if they drop charges, most likely they will file for exclusion order.

Sorry I didn't even see the date.

Anyway, I don't think that's accurate. If charges are dropped, then a criminal conviction cannot be recorded and there is no basis to file an exclusion order because a condition for exclusion wasn't met.

If you could simply get deported for having a charge, then Canada isn't a rule of law country. Anyone who hates you could make up a false DV charge against you to get you banned from the country. That's not Canada. That's India.

There are people who have fought DUI charges during their PR application process and won and gotten their PR.

Police make mistakes all the time.

 

[Simba112]

Sorry I didn't even see the date.

Anyway, I don't think that's accurate. If charges are dropped, then a criminal conviction cannot be recorded and there is no basis to file an exclusion order because a condition for exclusion wasn't met.

If you could simply get deported for having a charge, then Canada isn't a rule of law country. Anyone who hates you could make up a false DV charge against you to get you banned from the country. That's not Canada. That's India.

There are people who have fought DUI charges during their PR application process and won and gotten their PR.

Police make mistakes all the time.

It can happen, why NV PNP didnt process application for the last 7years? I agree there is rule of law, and it exactly those law they want to apply. A student was deported back to India for driving truck above 20hrs, there's no criminality but it is violation. Reading from poster previous post, he was advised that Minister will file for exclusion order. So technically, that may happen unless lawyer ask for a stay and fight for that. Poster mentioned he is considering plea, and he is looking at 1yr jail term + 3yrs probation. That lengthy sentence will make poster inadmissible on criminality ground.

https://www.canadavisa.com/canada-immigration-discussion-board/threads/criminal-inadmissibility.780168/

 

[moscatojuices]

It can happen, why NV PNP didnt process application for the last 7years? I agree there is rule of law, and it exactly those law they want to apply. A student was deported back to India for driving truck above 20hrs, there's no criminality but it is violation. Reading from poster previous post, he was advised that Minister will file for exclusion order. So technically, that may happen unless lawyer ask for a stay and fight for that. Poster mentioned he is considering plea, and he is looking at 1yr jail term + 3yrs probation. That lengthy sentence will make poster inadmissible on criminality ground.

https://www.canadavisa.com/canada-immigration-discussion-board/threads/criminal-inadmissibility.780168/

I'm not sure if we're talking about the same case.

So firstly with the Punjab student, I take it you're referring to this: https://globalnews.ca/news/5269138/international-student-arrested-facing-deportation-work-permit/

Note that that student was only "facing deportation". "Facing" deportation in and of itself is not deportation as there are always avenues for appeal and Ministerial discretion to stay, although it is rarely granted. If you look at that story, I actually can't find any follow-up story on whether or not that student was in fact deported or not.

Can you?

Secondly, you state: "Reading from poster previous post, he was advised that Minister will file for exclusion order." Sorry where did you read this? I can't find this from his previous posts.

But when you state: "Poster mentioned he is considering plea, and he is looking at 1yr jail term + 3yrs probation. That lengthy sentence will make poster inadmissible on criminality ground."

I don't know where you found that, but yes any jail term of 6+ months triggers automatic deportation.

 

[Simba112]

I'm not sure if we're talking about the same case.

So firstly with the Punjab student, I take it you're referring to this: https://globalnews.ca/news/5269138/international-student-arrested-facing-deportation-work-permit/

Note that that student was only "facing deportation". "Facing" deportation in and of itself is not deportation as there are always avenues for appeal and Ministerial discretion to stay, although it is rarely granted. If you look at that story, I actually can't find any follow-up story on whether or not that student was in fact deported or not.

Can you?

Secondly, you state: "Reading from poster previous post, he was advised that Minister will file for exclusion order." Sorry where did you read this? I can't find this from his previous posts.

But when you state: "Poster mentioned he is considering plea, and he is looking at 1yr jail term + 3yrs probation. That lengthy sentence will make poster inadmissible on criminality ground."

I don't know where you found that, but yes any jail term of 6+ months triggers automatic deportation.

I included link on my previous comment. Click that or go to poster previous post.

 

[moscatojuices]

I included link on my previous comment. Click that. Thank you

That looks like it was from a completely different poster, not this one. Anyway I'll post the comment on that threads separately.

Anyway, I refute your point that exclusion order can be triggered on a mere allegation. The rule of law has a natural process:

*Police investigate/look at probable cause
*Police charge you/do not proceed
*The charge is laid out in court
*The court looks at/hears the evidence i.e. Crown versus Defendant
*A finding of guilty or not guilty is established
*If guilty, a sentencing is determined and criminal conviction is recorded
*If the sentencing meets any of the criteria(on) under Sections 34-42 of the Immigration and Refugee Protection Act, a removal order would be issued following the sentencing

Now mind you, in between all of that, depending on the circumstances, such as having a wife and child, there are or may be various grounds of appeal and the possibility of applying to stay under Humanitarian & Compassionate grounds (especially where kids are involved).

So it's not a straight cut deportation based on a mere accusation.

But anyway, what people need to understand is: DON'T. HIT/YELL. AT. YOUR. WIFE. You can always replace or divorce your wife.

 

[Simba112]

That looks like it was from a completely different poster, not this one. Anyway I'll post the comment on that threads separately.

Anyway, I refute your point that exclusion order can be triggered on a mere allegation. The rule of law has a natural process:

*Police investigate/look at probable cause
*Police charge you/do not proceed
*The charge is laid out in court
*The court looks at/hears the evidence i.e. Crown versus Defendant
*A finding of guilty or not guilty is established
*If guilty, a sentencing is determined and criminal conviction is recorded
*If the sentencing meets any of the criteria(on) under Sections 34-42 of the Immigration and Refugee Protection Act, a removal order would be issued following the sentencing

Now mind you, in between all of that, depending on the circumstances, such as having a wife and child, there are or may be various grounds of appeal and the possibility of applying to stay under Humanitarian & Compassionate grounds (especially where kids are involved).

So it's not a straight cut deportation based on a mere accusation.

But anyway, what people need to understand is: DON'T. HIT/YELL. AT. YOUR. WIFE. You can always replace or divorce your wife.

My mistake, that was from different poster with related issue