Questions About Conviction

[Citi_New]

Good morning friends,

I am a landed immigrant since 2014 March. I want to apply for Canadian Citizenship. I have a question about Serial #8 which says: "In the 4 years immediately before the date of your citizenship application, have you: Been convicted of an indictable offence under any Act of Parliament or an offence under the Citizenship Act?"

Let me explain you about my case:

We (My self, my husband and my then 2 year old son) migrated to Canada in 2014 and I gave birth to our second son on 2015 Jan. Because of Postpartum depression after the birth of my second son and the initial years struggles of the survival in a completely new country I was not in a stable mental condition. On a very unfortunate night of 2017 August I tried to harm my elder son and luckily my husband stopped me and he has to call 911. I was arrested and shifted to a mental institution. I was charged with aggravated assault and attempted to murder.


After 1 year of legal battle I was acquitted from my charges and I was on probation for 3 years from 2018 Oct to 2021 Oct.

With the strong support from my husband and the treatment and care from my Doctors and Nurses I have completely recovered from my mental illness though I have to take medicines for the rest of my life.


This is the background of my case.

My question is, do I need to explain about my convictions and that I was acquitted in my Citizenship Application as a covering letter? Technically in the Citizenship Application they are asking whether I was convicted between 2020 May and 2024 May which I was NOT. But I was on probation till 2021 Oct and my Conviction details are already there in my Immigration Records.

So I am confused, can I apply for my Citizenship Application now or should I wait till 2025 October?

It would be highly appreciated if you guys can share your thoughts.

Thanks

 

[rewefk]

I was acquitted from my charges and I was on probation for 3 years

These 2 things seem contradictory. If you are acquitted, you don't receive probation.


Another thing to note is- time spent on probation cannot count towards your physical presence calculations.

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/canadian-citizenship/grant/residence/calculate-physical-presence.html

https://www.canada.ca/en/immigration-refugees-citizenship/services/canadian-citizenship/become-canadian-citizen/check-eligibility.html#

In general, [...] time spent serving a sentence for an offence in Canada cannot count towards physical presence for the purposes of becoming a Canadian citizen (i.e. you cannot count time spent serving a term of imprisonment, on probation, and/or parole as physical presence).
...

Time on probation as a result of a conditional discharge may count towards physical presence 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).

I think this is not something you should do yourself, or ask random people on the internet.

You should consult a good immigration and citizenship lawyer, specifically one who has experience with similar issues.

 

[Citi_New]

These 2 things seem contradictory. If you are acquitted, you don't receive probation.


Another thing to note is- time spent on probation cannot count towards your physical presence calculations.

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/canadian-citizenship/grant/residence/calculate-physical-presence.html

https://www.canada.ca/en/immigration-refugees-citizenship/services/canadian-citizenship/become-canadian-citizen/check-eligibility.html#





I think this is not something you should do yourself, or ask random people on the internet.

You should consult a good immigration and citizenship lawyer, specifically one who has experience with similar issues.

Thank yo u so much for your reply

 

[Citi_New]

These 2 things seem contradictory. If you are acquitted, you don't receive probation.


Another thing to note is- time spent on probation cannot count towards your physical presence calculations.

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/canadian-citizenship/grant/residence/calculate-physical-presence.html

https://www.canada.ca/en/immigration-refugees-citizenship/services/canadian-citizenship/become-canadian-citizen/check-eligibility.html#





I think this is not something you should do yourself, or ask random people on the internet.

You should consult a good immigration and citizenship lawyer, specifically one who has experience with similar issues.

Hi,

I think it's better to apply for Citizenship by 2027 January. Because by that time it would be 5 years past after my probation (My probation was completed in 2021 October). I think if I am applying in 2027 January my Eligibility period would be between 2022 Jan and 2027 Jan. Since my probation has completed I may not need to mention anything about my probation in my Citizenship Application (Though IRCC may have my Conviction details). I am not planning to leave Canada during these time period.


My apologies, I was wrong, I was not acquitted, what I mean to say is I have served my Sentence.

Thanks