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Got Charged with Assault ( cc 266) 

ForumUser
ForumUser
Posts: 449


Posted On: 11/4/2016
ForumUser
ForumUser
Posts: 449
I am new comer in Canada. I came here as a depended (Spousal visa) in March.

I am in PR status but i had a Argument with my wife and she called 911 police officials charged its Domestic Assuault and i am in probation now. November 8th my court date. so i would like to know this charges will affect my PR Status and how can i protect my PR Status.
i am humbly tequesting for your kind reply and Solutions.
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Moderator
Moderator
Moderator
Posts: 2182


Posted On: 11/8/2016
Moderator
Moderator
Moderator
Posts: 2182
Hello,

Thank you for sharing your situation and question with us.

You can find some helpful information on the Community Legal Education Ontario (CLEO) website in the Criminal charges in Canada and your immigration status (Fact sheet).

Here is an excerpt,

If you are charged with a crime in Canada, you have a right to a trial in criminal court. At the trial, a lawyer for the government will try to prove that you are guilty beyond a reasonable doubt. If they cannot prove this, then the court will find you not guilty.


Be sure you know what kind of immigration status you have here. If you are not a Canadian citizen, what the court decides may affect your status. It may lead immigration authorities to take steps to get a “removal order” against you. This is an order to remove you from Canada to another country.

Here are just a few examples of crimes that could affect your immigration status — driving while you are drunk, stealing even if you steal something of little value, assaulting your family or other people, having illegal drugs.



and

What can I do to protect my status and stay in Canada?

Get legal advice right away. If there is a removal order against you, you may be able to appeal to the Immigration and Refugee Board. But there are time limits, so you should act quickly.

If the criminal court decides that you are guilty, you may also have the right to appeal. But again there are time limits, so get legal advice right away.

You could apply to the National Parole Board for a pardon (now called a “record suspension”) if you have completed the punishment the court gave you. There is a waiting period before you can apply.

If you get the pardon, immigration authorities should treat you as if you were not guilty of the crime.


We suggest that you may want to contact a Community Legal Clinic for some information and advice.

I hope this information is helpful. Please let us know if you have further questions and if there is any follow up to your question/situation.

=====
Anna
Settlement.Org Content and Information/Referral Specialist, CIRS
Settlement.Org
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