PR Renew-Assault Charges withdawn but on Probation with Counselling 14 weeks

[HHH2000]

Hi

One of my relative got in with trouble with his spouse and slapped her. She called the police and police arrested him. Long story short he is back home with Charges withdrawn with peace bond settlement and nowadays going for some sort of counselling (10 weeks counselling left). He also has one year probabtion.

The questions he has :

Can he renew his PR card? his PR Card already expired.
Can he apply for Citizenship?
Can he apply for his mother Supervisa?
Can he travel out of country if PR Card renewed?

Please reply, I couldn't find any definite answer for his questions, he is jobless nowadays and not much educated.

 

[scylla]

If he was given a peace bond, mandatory counselling and one year probation - then it does not sound like the charges were fully withdrawn - it sounds like the charges were reduced.

He cannot apply for citizenship while on probation.

http://www.cic.gc.ca/ENGLISH/citizenship/become-eligibility.asp

I don't know the answers to the rest of your questions. Hopefully someone else can assist.

 

[HHH2000]

Hi

Anyone idea about PR Card renewal, can he apply for renewal.

He already applied for Citizenship last year so I believe his process will be delayed.

regards

 

[dpenabill]

No conviction, should be no problem for PR card renewal (although any wrinkle, such as a hit for an arrest when the RCMP name check is done, can lead to delays, additional processing and review), or traveling outside Canada.

Whether or not this renders him ineligible to sponsor family supervisa I do not know but I believe the CIC guide for that will clearly state the eligibility requirements. Probably depends on whether there has indeed been a formal withdrawal of the charges, or there is a conditional discharge which is conditioned on the satisfaction of the terms and conditions of the peace bond (including completion of the probationary period).


Formalities in these cases vary from case to case. Sometimes the charges are indeed withdrawn upon acceptance of a peace bond with terms. More often there is a conditional discharge and the formal withdrawal of charges does not take effect until a period of probation and satisfaction of specified conditions are complete. There are other variations, including as Scylla suggested, a modified or reduced charge.

The formal details matter. A conditional discharge, for example, which is not complete, has the effect of being a pending charge, and a PR with a pending indictable offence is not eligible for a grant of citizenship (and probably not eligible to sponsor a family member). Many of these cases are indeed stalled and eventually, after the discharge is complete, the process is completed and citizenship granted. But I believe CIC could decide to terminate the application on the grounds of ineligibility due to a prohibition.

A PR with a citizenship application pending is obligated to inform CIC of the arrest. Not sure to what extent CIC actually enforces this other than the requirement that at the test and interview applicants are required to attest they have no charges pending, and again before taking the oath likewise, and of course it is a crime to falsely attest on these occasions, thus the failure to disclose a pending charge is subject to not just the denial of citizenship but criminal prosecution.

On the other hand, I have seen at least a couple reports of individuals in similar situations being issued a peace bond with conditions and the charge is actually withdrawn at the time of entering into the agreement to accept the peace bond. That is the best case scenario (short of an outright dismissal for lack of evidence), but seems to be less common than the arrangement pursuant to which the charge is, in effect, held in abeyance until the conditions of the peace bond are fully satisfied.

 

[HHH2000]

dpenabill
Excellent reply,

What I can see from his court document (Recognance) is that his Charges withdrawn but he has to keep the peace and good behavoir for one year, after one year recoginance is void.

 

[dpenabill]

dpenabill
Excellent reply,

What I can see from his court document (Recognance) is that his Charges withdrawn but he has to keep the peace and good behavoir for one year, after one year recoginance is void.

I am not at all sure how to interpret the court records.

I only know that when there is an arrest or charge, in most cases the agreement to abide by a peace bond does not result in the charges being withdrawn immediately but only after the terms of the peace bond are satisfied. But in some cases the charges may indeed be withdrawn immediately.

How the one is stated versus the other, in the document the subject person is given, I do not know . . . in both circumstances it could indicate the charge is withdrawn.

This is something a criminal defence lawyer would know, probably at a glance.

 

[HHH2000]

Hi Folks

One more thing, he just informed he sponsored her sister through MPNP, is that Sponsorship is also not valid any more, means due to probation condition as a sponsor his sponsorship Null n Void or he still have any chance.

He is staying in Manitoba just for sake of her sister, if sponsorship is no more possible he can move to some better province, so please advise if someone can assist.

 

[prdgo]

Hi ,

I am international student in Canada, i was charged with assault in Aug 2015 but related charges will be withdrawn by alternative measures in January 2016. My problem is that i have to apply for renewal of my study permit in Feb 2016. I was wondering that is it effect my study permit renewal and future PR application. Did anyone able to get renewal their permits and PR with withdrawn criminal charges ? Any senors suggestions please. One more question how stay of proceeding will effect on study permit renewal

Thank you