Hi
One of my friend is charged with threating his wife and domestic violence(first time offence).
He would be plead guilty and looking for 1 year probation -- if lucky discharge with anger management.
My question is he is 2.5 years immigrant now and apply for citizenship in coming months.
Is the probation going to hamper his citizenship and when and how can he get citizenship ?
Can a lawyer help ?
Thanks for your help in advance, guys.
thanks
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I just goggled and found the below answer .
Verifying if its true.
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time spent serving a sentence for an offence in Canada (e.g. prison, penitentiary, jail, reformatory, conditional sentence, probation and/or parole) cannot be counted toward residence - there are some exceptions to this rule;
Q12: I have heard that some time spent imprisoned, on parole or on probation can still be counted as residence. Is this true?
A12: In general, time spent serving a sentence for an offence in Canada cannot count towards residence for the purposes of becoming a Canadian citizen (i.e. you cannot count time spent in a prison, penitentiary, jail, reformatory, under a conditional sentence, on probation, and/or parole as residence). There are, however, the following exceptions:
Only the four (4) years preceding the date of your application are considered for calculating residence eligibility. Time spent serving a sentence outside of that four-year period does not have to be declared.
Time on probation as a result of a conditional discharge can count towards residence if the probation was completed successfully (i.e. you were not charged with a breach of probation or a failure to comply during that probation). This time does not have to be declared for the purposes of the residence calculator.
If you received a pardon for the conviction in question, time spent imprisoned, on parole or on probation because of that conviction does not have to be declared.
Time spent imprisoned or on probation does not have to be declared if:
you were convicted under the Youth Criminal Justice Act, received a youth sentence, and successfully completed that sentence; or
you were convicted under the previous Young Offenders Act and successfully completed that sentence.
Q13. When I try to calculate the number of days spent serving a sentence, I get different numbers than the residence calculator. How does the residence calculator determine the number of days for each sentence?
A13. The calculator uses the following rules to determine the number of days spent for each sentence:
When calculating a sentence, all days are included. For example, a sentence between July 1, 2003, and July 15, 2003, equals 15 days.
Time spent serving a sentence on February 29 (leap day) is not counted as part of the sentence since it was not credited as a presence. See Question 5 for more information on leap days.
The total number of days spent serving a sentence includes all sentences served within the four-year period immediately preceding the date of your application. Because the time spent in Canada before you became a permanent resident is only credited as half-time, time spent serving a sentence before you obtained permanent resident status is divided by two before it is included in the total number of days spent serving a sentence.
Q14. My probation order does not state the exact dates I am under probation. Instead it states a period of time (e.g. 6 months, 1 year, etc.). What do I enter?
A14. When entering time spent serving a sentence, the start date is generally the date of the probation order unless otherwise specified. To calculate the end date, use the following example as a guide:
One of my friend is charged with threating his wife and domestic violence(first time offence).
He would be plead guilty and looking for 1 year probation -- if lucky discharge with anger management.
My question is he is 2.5 years immigrant now and apply for citizenship in coming months.
Is the probation going to hamper his citizenship and when and how can he get citizenship ?
Can a lawyer help ?
Thanks for your help in advance, guys.
thanks
------------------
I just goggled and found the below answer .
Verifying if its true.
--------------------------------------
time spent serving a sentence for an offence in Canada (e.g. prison, penitentiary, jail, reformatory, conditional sentence, probation and/or parole) cannot be counted toward residence - there are some exceptions to this rule;
Q12: I have heard that some time spent imprisoned, on parole or on probation can still be counted as residence. Is this true?
A12: In general, time spent serving a sentence for an offence in Canada cannot count towards residence for the purposes of becoming a Canadian citizen (i.e. you cannot count time spent in a prison, penitentiary, jail, reformatory, under a conditional sentence, on probation, and/or parole as residence). There are, however, the following exceptions:
Only the four (4) years preceding the date of your application are considered for calculating residence eligibility. Time spent serving a sentence outside of that four-year period does not have to be declared.
Time on probation as a result of a conditional discharge can count towards residence if the probation was completed successfully (i.e. you were not charged with a breach of probation or a failure to comply during that probation). This time does not have to be declared for the purposes of the residence calculator.
If you received a pardon for the conviction in question, time spent imprisoned, on parole or on probation because of that conviction does not have to be declared.
Time spent imprisoned or on probation does not have to be declared if:
you were convicted under the Youth Criminal Justice Act, received a youth sentence, and successfully completed that sentence; or
you were convicted under the previous Young Offenders Act and successfully completed that sentence.
Q13. When I try to calculate the number of days spent serving a sentence, I get different numbers than the residence calculator. How does the residence calculator determine the number of days for each sentence?
A13. The calculator uses the following rules to determine the number of days spent for each sentence:
When calculating a sentence, all days are included. For example, a sentence between July 1, 2003, and July 15, 2003, equals 15 days.
Time spent serving a sentence on February 29 (leap day) is not counted as part of the sentence since it was not credited as a presence. See Question 5 for more information on leap days.
The total number of days spent serving a sentence includes all sentences served within the four-year period immediately preceding the date of your application. Because the time spent in Canada before you became a permanent resident is only credited as half-time, time spent serving a sentence before you obtained permanent resident status is divided by two before it is included in the total number of days spent serving a sentence.
Q14. My probation order does not state the exact dates I am under probation. Instead it states a period of time (e.g. 6 months, 1 year, etc.). What do I enter?
A14. When entering time spent serving a sentence, the start date is generally the date of the probation order unless otherwise specified. To calculate the end date, use the following example as a guide: