What do I need to look out for when applying for PR? I had a conditional discharge but was not convicted.
Hi there,
Thank you for sharing your question and situation with us, we appreciate your interest in this information.
If your offense happened in Canada and you were granted a Conditional Discharge under the Criminal Code, then you are admissible to Canada. However, if the offense occurred outside Canada you might be “inadmissible”.
IN CANADA - SENTENCE OF CONDITIONAL DISCHARGE:
If you received a conditional discharge from a Court in Canada, and completed all of the conditions listed in the Court Order, you are admissible to Canada. This is mentioned in Canada’s guide for inadmissibility: https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/guide-5312-rehabilitation-persons-inadmissible-canada-past-criminal-activity.html#5312E4.
However, it is important to note that you MUST declare the charge in your application for permanent resident status and should provide a copy of all of the court documentation for the officer to review.
OUTSIDE OF CANADA - SENTENCE OF CONDITIONAL DISCHARGE:
For offences outside of Canada, you will need to have an immigration or criminal lawyer review the provisions of the foreign conditional discharge against the Canadian version in the Criminal Code. The law says that if a foreign conditional discharge is the same (or similar) to the Canadian version, then you are admissible to Canada. If they are different, then you would remain inadmissible to Canada.
You should obtain as many details and court documents as you can pertaining to the charges, convictions, court dispositions and court proceedings to allow the lawyer to determine your admissibility.
We hope this information is helpful. You may also wish to consult a reputable and registered immigration consultant or an immigration lawyer who is familiar with Canadian immigration issues for advice on your situation, and please let us know if you have any further questions.
Sincerely,
Your Settlement.Org team
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