need help with citizenship.

O

olddog

Registered Users (C)
hi people,
i am new to this site and i was hoping you guys can help me with some advice.i am currently a permanent resident in canada and i am now eligible to apply for citizenship.
the problem is i am currently being charged with an offence; fraud under $5000).
before the trial,i was offered one year probation or aa trial and i choose to go to trial. now i am applying for my citizenship and in section 8, it requests to indicate if u are being charged with crime etc.
i indicated yes and put in detail that i am going to trial. i have not submitted the application though.
i would like to get advice from u guys on what i should put down in that section 8 and also what do u think my chances of getting approved are?
do u think am going to be asked to see a citizenship judge or just declined?
please advise.
thanks alot
 
Hi olddog. It is my understanding that only immigration offences, crimes against humanity, war crimes etc will prevent you from qualifying. Just be honest and apply.
 
thanks 4 the reply

hi,
i am planning on just telling the truth.
i have another question though.
one is required to add in the application a copy of landing papers besides the PR card.
i cannot find mine.
they require the IM 1000 or IM 56..(something).
i am only missing these as i cannot find thm anymore.besides that my required documents are complete.
what should i do?
should i send the application in that way?
thanks alot

(i would still appreciate more advice on my first thjread above)
 
Ok. If you have a copy of the PR card you should be ok. Having said that, they use the M1000 for quick reference of confirmation of your date of landing. You would have needed the form to apply for your PR card, so check again, PR cards have not been around that long, so you must have had the document not so long ago. It is a one page document that you received upon entry into Canada when you entered as a landed immigrant. I would recommend that you report the M1000 lost and apply for a replacement document:
Application for a Certified True Copy, Correction, or Replacement of an Immigration Document
http://www.cic.gc.ca/english/applications/certcopy.html
Given your situation having complete records will likely go a long way to helping your case.
I would imagine that they will want to dig around in your past a bit because of the crime you committed, so you want to make it easy for them to do that. In other words give them more information rather than less (copies of correspondence with the court/lawyer etc may help).
 
Sorry, more on your thread above:
You cannot apply when under a probation order, if you are a paroled inmate, if you are in jail. Subject to the Criminal records Act citizenship cannot be granted if during the 3 years immediately preceding the application or the time between the application and the oath you have been convicted of an offence under the Citizenship Act or of an indictable offence under any Act of Parliament.
As I am not a lawyer this is what you should do: before applying check with your lawyer whether your offence falls under one of these two sections. That will be your answer. If yes, then you cannot apply for three years AFTER you conviction. If no, you can go ahead and apply.
 
but

thanks for ur advice Gonc but i am not under probation or convicted. for all i know, i might win the case. so as of now i am still innocent. and eligible to apply.
please advise further .
thanks
 
Well I would do this:
IF you can wait until after the trial you can avoid even mentioning the issue if you are cleared.
If you want to go ahead you need to find out whether your issue falls under offence under the Citizenship Act or of an indictable offence under any Act of Parliament. Because either of those issues would stop your application immediately: CIC would stall your application until after the trial in that case I would assume.
I really think you should get advise by a lawyer if this falls under either of these two categories.
 
Hi OLDDOG. If you don`t mind.. Did you win the case? Were you convicted or on probation or no? Did you already apply for the citizenship? If so, how did it go?

I was in a similar situation. I was charged with an assault in September 2006. I got to know a laywer who became a close friend of mine (He lived in the same apartment building. Luckily, he did everything for free. I am eternally grateful). I have not been convicted in the end. I got 6 month peace bonds (Restraining Order). Fortunately, I did not breach the condition.

Prior to applying for Canadian Citizenship in September 2007, I had to change my legal name and went to RCMP for fingerprints. I asked them if I had criminal records or not. They said "Nope. you don`t have criminal records. You had 6 month peace bonds. Peace bonds have nothing to do with criminal records. You can get it removed a year after today". I even talked to an immigration specialist I knew for a long time. He asked me if I was arrested, on probation or in jail. I said NO. He was like "That is good. It does not matter if you were charged or not. As long as you are not convicted, you are allowed to apply. You are doing well".

But, I am still afraid that CIC might reject my application.
 
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