class C misdeamnor |
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indulgent.merciful
New Member Joined: 11 Jan 2018 Status: Offline Points: 5 |
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Posted: 11 Jan 2018 at 9:26pm |
Hi,
I was arrested in sept 2015 and convicted in nov 2016. Charge was : assault by contact. can i apply express entry program to get PR. |
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pmm
Top Member Joined: 29 Nov 2009 Status: Offline Points: 2279 |
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Hi
1. No, you are criminally inadmissible. Assault is hybrid offence in Canada 266 Every one who commits an assault is guilty of (a) an indictable offence and is liable to imprisonment for a term not exceeding five years; or (b) an offence punishable on summary conviction. 2. So you would have to apply for rehabilitation after 5 years have elapsed, so sometime in 2020. See: http://tinyurl.com/y7cr3ylx |
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PMM
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indulgent.merciful
New Member Joined: 11 Jan 2018 Status: Offline Points: 5 |
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thanks for your reply.
I want to discuss further that class C is minor crime and conviction was only 500$ and after this i left my wife and never lived with her together and then we were divorced. Is it still big matter for CIC.
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pmm
Top Member Joined: 29 Nov 2009 Status: Offline Points: 2279 |
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Hi
1. It doesn't matter, you were convicted of assault, and IRCC compares it to the maximum you could have received in Canada. |
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PMM
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indulgent.merciful
New Member Joined: 11 Jan 2018 Status: Offline Points: 5 |
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Hi
Thanks for the update. I am trying to work on writ of Habeaus corpus , to include new evidances (audio recording of my wife , lying clearly) which were not included by my attorney. do you think, these things matters that how things evolved and someone can be convicted wrongly by court. |
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colin
Moderator Group Immigration Attorney Joined: 29 Nov 2009 Location: Canada Status: Offline Points: 133 |
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In order to enter Canada, you will need to apply for individual
rehabilitation. However, you are not eligible for individual
rehabilitation as it has not been five years since your sentence
ended.
You can still try to apply for a Visitor visa. The Immigration officer will base his decision on wether or not you have a justified reason to travel to Canada, and wether or not your need to enter Canada outweighs the health or safety risks to Canadian society. Please note that there is a government processing fee which is not refundable in the event your application is rejected. Please refer to our website for more information regarding individual rehabilitation. |
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Colin Singer, Canada Immigration Lawyer & Managing Partner, immigration.ca |
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