New PR and being arrested
 

Hi everyone,

Long time no see, I have a question for Andrew MIller and anyone that has found themselves in this predicament.

A freind of mine who has only been a PR for about a month, was rather silly on Saturday night and got himself arrested for being drunk and disorderly and apparently had kicked a door.

HE is obviously very remorseful and now very frightened that a conviction in court could mean either the his PR status being revoked or his citizenship being affected in 3 years.

Can anyone give me any advise that I can pass on??

Also he was told by the police seargant to ask for a non disclosure and was told that he would not need a solicitor in court. is that right?

Re: New PR and being arrested
 

Your friend, if convicted, will be in troubles as CIC is finally getting tough on PR's convicted in Canada. Of course a lot will depend from the charge, what will be the conviction, etc.. Never go to the court without a lawyer - your friend should first talk to immigration lawyer familiar with revocations of PR and deportation, as criminal lawyers not always know what is in the best interest of client who may, depending from the outcome of court process, become a subject of removal from Canada process. Your friend should ask immigration lawyer for suggestion who to retain for criminal case.

Re: New PR and being arrested
 

Thanks for your advise.

Re: New PR and being arrested
 

And if in your friend's and criminal lawyer's opinion he can't get away from being convicted with what he is charged with and pleading to a lesser charge is the only option left then make sure that he asks immigration lawyer how low he must go with your plea to have it affect his PR status the least.

In many cases charge and conviction come to CIC's attention during citizenship application process and it is the time when most criminal inadmissibility followed by removal proceedings occur. So, in the case of conviction your friend should apply for citizenship not earlier than 4 years after completion of the imposed sentence, providing of course that CIC won't find about it and/or try to proceed with inadmissibility process sooner.

Re: New PR and being arrested
 

Is everyone who's arrested in Canada asked what their status here is? I had no idea.

(Hi BV, long time no see, hope your friend's case turns out well :) )

Re: New PR and being arrested
 

One thing your friend may consider doing, is to meet with the Crown Prosecutor at the earliest opportunity. Now this all depends on where the incident took place, your pal's attitude to the arresting officer(s), and the nature of the offence. The "Crown" can in some cases, "stay" the proceedings. This in effect, means that if your friend gets into trouble again, within a certain time frame, then the old charge can be re-generated and acted upon. This is similar to being "bound over" in the UK, but it occurs prior to an actual court hearing, and is laid down by the CP and not a judge or magistrate. I trust that this may assist. Good luck, and hopefully your friend will recognize a wake-up call when he gets one!

Re: New PR and being arrested
 

I don't know what they do in Canada, but in Australia the state/territory prison services provide Immigration with a list of all convicted prisoners. Immigration then check through the list, mainly focusing on those born outside Australia to see which inmates aren't Australian citizens.

Where they establish that someone isn't an Australian citizen, they consider whether visa cancellation would be appropriate.

Re: New PR and being arrested
 

Ah, thanks Jeremy, interesting. So details of a non-custodial charge in Australia wouldn't ever come to the Immigration Dept's knowledge?

Does anyone know how it works in Canada?

Re: New PR and being arrested
 

One of the very first questions, after a person has been arrested, and is standing at the booking Sgt's desk, at the station is....

Are you a citizen of Canada ? If not, what is your Immigration status in Canada ?

That information goes on the front of the " Crown Information " package that the prosecutor gets, pre trial.

And Yes, being convicted of a criminal code offence, in Canada , is a good way to be sent "home ". As was said above, CIC are now much more likely to pursue removal, after conviction, than they used to be.

Reacting to public outrage/pressure, I think.

Jim B. Toronto.

Re: New PR and being arrested
 

Not through that route at least. Bear in mind that in order to be removed from Australia the "rule of thumb" (but there are exceptions both ways) is a prison sentence of at least 12 months, or 2+ sentences totalling at least 2 years.

Suspended sentences count as if they were served, but fines etc usually do not lead to removal proceedings.

If you apply for citizenship they ask for details of all criminal convictions.

Re: New PR and being arrested
 

Yes, they are. Some City plods are less than tenacious, particularly if it's a minor offence. RCMP will always ask, and PR's can be asked to surrender their [British] passports, if there is a risk of flight. A PR I know was charged and convicted of drugs related offences. CIC started proceedings to have him removed when he applied for citizenship. There is no consistency in this approach, however, as the many immigrants charged in connection with grow-ops in BC don't seem to be deported. Information I have access to (a provincial system) gives the immigration status of everyone in the province who has been added to the system since 1996.

Re: New PR and being arrested
 

Thanks CC, JAJ and dingbat, now I know :)

Re: New PR and being arrested
 

Hi

Sorry about your friend, it's good to hear this stuff though... I will be extra careful, when I finally get my PR status, after all it's taken 2.5 years so far:(

I hope that everything goes OK for your friend. However, the other person on this thread is correct, he should smell the coffee and waken up before all that pre PR effort is wasted.

Good Luck

Bob

Re: New PR and being arrested
 

I would normally give the same lecture, but in this instance I know that my friend is giving himself a harder time over this than anyone else can. I also know that this is not normal behaviour for him. It was a stupid mistake that he knows he could pay dearly for.

We checked out the CIC website and got some advise and the chances of him being deported are very slim. (THanks for the advice Andrew but you do always give a very pessamistic view) CIC has enough on its plate with trying to deport serious criminals. It also says that it will only pursue for 'Serious' crimes. which my freinds isnt.

The only kick in the works could be at Citizenship time, but if we manage to get the stay order (THanks Roanin, for that) or if we can get some sort or arrangement whereby my freind pays for the damages and keeps his nose clean for a certain amount of time, then it wont go on his record.

Heres to hoping, thanks for all the advice.