PNP nominee with recent criminal conviction.

[law student]

Hello, I just met a guy who was nominated through the Alberta PNP in march 2016, he has to apply for PR on the federal level, but was recently found guilty of simple assault in Canada, he hasn't get a sentence yet and is looking for the judge to give him a conditional discharge,( this means no criminal record but with a sentence) his sentence or conditional discharge will be set one month after his provincial nomination expires, can he still apply for PR? he has no previous record and has been living and working legally in Canada for 6 years.

 

[bellaluna]

He has to apply for PR before his nomination expires.
He can declare his situation in the Schedule A form or in a letter of explanation if he wants to add more details. It will come up when CIC requests an RCMP check.

 

[law student]

he will try to get a conditional discharge with the judge wich means he could have the record cancelled, but if not granted, could not that mean automatic inadmissibility? I understand to apply before the expiration but thats a corncern.thanks for posting.

 

[bellaluna]

I don't think he has a choice, unless he wants to try to extend the nomination with the province (no guarantee this will be granted, given the circumstances), he can explain the ongoing situation with the conditional discharge.

 

[law student]

I think that's the best choice, but don't you think if he declares the situation and after he gets his record cleared that still harm his application? he is a single parent with two kids and they depend entirely from him the mother is in her home country, he has no previous record. thanks

 

[scylla]

I think that's the best choice, but don't you think if he declares the situation and after he gets his record cleared that still harm his application? he is a single parent with two kids and they depend entirely from him the mother is in her home country, he has no previous record. thanks

If he's convicted, then he's inadmissible. If he receives a conditional discharge - then he'll be fine. The fact he has a family to support doesn't factor into it.