Urgent Question about conditional discharge and permanent resident card (PR) renewal

[kevinchan2023]

Hi guys, its my first time posting here, and have a urgent question about the recent case.
Case:
I was been charged with impaired driving, alcohol level above 0.08 and dangerous operation last year, which I know I made VERY stupid mistake. Thanks god that no one was harmed, and it was difficult to come all over these as my lawyer told me it is very rare to win the trial because the evidence is very much against me. However, we have negotiated with a plea deal with the crown, which the judge agrees that I only plea to the dangerous driving offence and dropping the other two related to impaired driving. On other hand, it will be a conditional discharge as 1 year probation (no restriction on anything but no driving and have to stay out of all illegal activities) and a driving prohibition.
Question:
My question is that my current PR card is actually expiring this year (by the end) and I'm thinking about the renew the card in order to do business travel. Because by law and also what my lawyer told me (but he is not an immigration lawyer), a conditional discharge is not a conviction which does not affect on my PR status. I know I totally deserved the penalty and I have probably received the best outcome at this case. However, I'm please to know that if I can renew my PR card right now (as I'm still in the period of probation, and it started from 2023.05 to 2024.05 for one year), or I must wait until the probation is finished next year. On other hand, if it is needed to wait for my probation to be over that meets the conditional discharge while my PR card is expiring this year, is there anyway I can return back to Canada after going abroad?

 

[Ponga]

Hi guys, its my first time posting here, and have a urgent question about the recent case.
Case:
I was been charged with impaired driving, alcohol level above 0.08 and dangerous operation last year, which I know I made VERY stupid mistake. Thanks god that no one was harmed, and it was difficult to come all over these as my lawyer told me it is very rare to win the trial because the evidence is very much against me. However, we have negotiated with a plea deal with the crown, which the judge agrees that I only plea to the dangerous driving offence and dropping the other two related to impaired driving. On other hand, it will be a conditional discharge as 1 year probation (no restriction on anything but no driving and have to stay out of all illegal activities) and a driving prohibition.
Question:
My question is that my current PR card is actually expiring this year (by the end) and I'm thinking about the renew the card in order to do business travel. Because by law and also what my lawyer told me (but he is not an immigration lawyer), a conditional discharge is not a conviction which does not affect on my PR status. I know I totally deserved the penalty and I have probably received the best outcome at this case. However, I'm please to know that if I can renew my PR card right now (as I'm still in the period of probation, and it started from 2023.05 to 2024.05 for one year), or I must wait until the probation is finished next year. On other hand, if it is needed to wait for my probation to be over that meets the conditional discharge while my PR card is expiring this year, is there anyway I can return back to Canada after going abroad?

You're very lucky. The dangerous driving conviction would have made you inadmissible to Canada. The law was changed a few years ago that now makes that a serious offence in Canada. I would suspect that until your probation ends, your CD is not really valid, yet. I would definitely wait until you have completed the sentence before applying to renew your PR Card.

You can return to Canada with an expired PR Card, but only if entering from the U.S. at a land PoE in a personal vehicle. You need a valid PR Card to return to Canada via a commercial carrier.

 

[kevinchan2023]

You're very lucky. The dangerous driving conviction would have made you inadmissible to Canada. The law was changed a few years ago that now makes that a serious offence in Canada. I would suspect that until your probation ends, your CD is not really valid, yet. I would definitely wait until you have completed the sentence before applying to renew your PR Card.

You can return to Canada with an expired PR Card, but only if entering from the U.S. at a land PoE in a personal vehicle. You need a valid PR Card to return to Canada via a commercial carrier.

Hi Ponga, thanks so much for your reply. Yes, I totally understand that the current deal is the best outcome and I made a very stupid mistake. Just to please clarify something with you; Because the sentencing is clear that only one year of probation (no restriction other than not to drive and stay in good behaviour) and a prohibition of driving for 2 years.

Because based on Canadian law, discharge is not a conviction, and my lawyer (though he is not an immigration lawyer) has indicated that a conditional discharge will not affect my PR status. Is that still means I cannot renew my PR card within the year of probation? And what do you mean by my CD is not really valid yet?
Thanks a lot!

 

[Ponga]

Hi Ponga, thanks so much for your reply. Yes, I totally understand that the current deal is the best outcome and I made a very stupid mistake. Just to please clarify something with you; Because the sentencing is clear that only one year of probation (no restriction other than not to drive and stay in good behaviour) and a prohibition of driving for 2 years.

Because based on Canadian law, discharge is not a conviction, and my lawyer (though he is not an immigration lawyer) has indicated that a conditional discharge will not affect my PR status. Is that still means I cannot renew my PR card within the year of probation? And what do you mean by my CD is not really valid yet?
Thanks a lot!

Until you complete the probation, your charge/conviction will likely not be absolved. Plus, this may show on your record for 3 years before it disappears after the probation ends.

You have to complete the `Condition' (probation) before it is `Discharged'.

You've stated that your lawyer is not an immigration lawyer. How can he say with certainty that applying to renew your PR Card before your probation is completed will not be a problem? I suggest you speak to an immigration lawyer, if you want the answer that you're looking for. I'm merely offering opinions, in part because a family member recently went through a very similar situation.

Good luck!

 

[Mr Blue]

Can I apply for citizenship and sponsor my wife after this?

I got the same plea deal.