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Prohibition letter

Tdahishak

Member
Nov 14, 2023
15
1
I received a letter from immigration saying that my fingerprints indicated that i have a pending probation, but my probation ended last month. Is there anything I need to get from the court to prove that?
 

dpenabill

VIP Member
Apr 2, 2010
6,435
3,182
I received a letter from immigration saying that my fingerprints indicated that i have a pending probation, but my probation ended last month. Is there anything I need to get from the court to prove that?
If you need to prove you are currently not on probation, yes, of course, documentation clearly indicating this would be needed and that would necessarily be copies of official court records.

Is that what you need to do in responding to the letter from IRCC? That depends on what the letter requests.

What YOU need to SUBMIT to IRCC should be relatively clear in the communication you received. An explanation? Particular documents?

If IRCC specifically requested documentation as to your current status, as to being on probation or not, it is undoubtedly requesting documentation from the respective court as to your status in that court.

Meanwhile the issue of prohibitions is broader and more complicated than when a period of probation applies or is terminated. I do not know what is stated or asked in the letter you received, but my guess is that at the least IRCC wants some detailed information about the case which involved you being on probation, even if that has ended.

Generally, individuals applying for citizenship who have current, pending, or recent criminal cases, should consult with a lawyer who actually reviews the individual's specific situation . . .
. . . or otherwise have confidence in their understanding of the prohibitions and how to report and respond accordingly.
 
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Tdahishak

Member
Nov 14, 2023
15
1
If you need to prove you are currently not on probation, yes, of course, documentation clearly indicating this would be needed and that would necessarily be copies of official court records.

Is that what you need to do in responding to the letter from IRCC? That depends on what the letter requests.

What YOU need to SUBMIT to IRCC should be relatively clear in the communication you received. An explanation? Particular documents?

If IRCC specifically requested documentation as to your current status, as to being on probation or not, it is undoubtedly requesting documentation from the respective court as to your status in that court.

Meanwhile the issue of prohibitions is broader and more complicated than when a period of probation applies or is terminated. I do not know what is stated or asked in the letter you received, but my guess is that at the least IRCC wants some detailed information about the case which involved you being on probation, even if that has ended.

Generally, individuals applying for citizenship who have current, pending, or recent criminal cases, should consult with a lawyer who actually reviews the individual's specific situation . . .
. . . or otherwise have confidence in their understanding of the prohibitions and how to report and respond accordingly.
 

Tdahishak

Member
Nov 14, 2023
15
1
Thank you for that. The letter says that they need the court information sheet, but is that going to affect my citizenship application? if I was found not guilty and my probation has already ended?
 

dpenabill

VIP Member
Apr 2, 2010
6,435
3,182
Thank you for that. The letter says that they need the court information sheet, but is that going to affect my citizenship application? if I was found not guilty and my probation has already ended?
I do not know.

As I noted, "the issue of prohibitions is broader and more complicated than when a period of probation applies or is terminated." And, except where the individual has confidence in their understanding of the prohibitions and how to report and respond accordingly (which your questions indicate you do not have such confidence) at least generally individuals applying for citizenship who have current, pending, or recent criminal cases, should consult with a lawyer who actually reviews the individual's specific situation.

I am unsure of what is involved in your probation, but a finding of not guilty is generally not consistent with the imposition of probation.

There are many ways in which a criminal case can be concluded, including many resulting in NO significant impact on an individual's application for citizenship. So there is at least a very significant chance this will have little or no negative effect on your citizenship application (other than than delays related to this procedure for obtaining a copy of the official court records). But that depends in significant part on what charges were brought and their particular disposition, as detailed in the court's records.

If it is not more or less obvious, based on what is in the court's records and an understanding of the prohibitions, trying to assess the potential impact is, again, Lawyer Stuff.
 
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