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| Subject: permanent resident charged and wants to leave |
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Hi
So my (soon to be ex) wife is charged with sexual assault and mischief, she wants to leave the country, she still has to complete 10 months before she can apply for citizenship, what happens if she leaves? can she re-enter, if she gets convicted while she is gone, can she still re-enter and get citizenship?
[07-11-2011,14:37]
[***.76.75.5]
sam jones |
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(in reply to: permanent resident charged and wants to leave)
If she gets convicted and leave the country, the government can issue a warrant against her. That means that she can be detained in another country and shipped back to Canada to do her sentence.
After that, likely her PR will be revoked and then she will be deported back to her country of nationality.
Now that she has been charged, it is very unlikely that she will obtain her citizenship until a final decision is made.
[07-11-2011,17:29]
[***.115.153.178]
DocD |
(in reply to: permanent resident charged and wants to leave)
Real smart question. My wife will be fleeing prosecution.
Will there be consequences?
Dah Yeah!
What gets me is WHY do you care? Do you consider her innocent Sam Jones?
Do not let DocD paint a doom and gloom picture of the situation. Permanent Residents rarely get convicted of crimes that would make them not eligible to appeal any removal order based on this type of charges.
Your soon to be Ex-Wife can plead guilty to a much lesser offences so to permit an appeal of any deportation order.
Current appeal process for this type of situation is two to three years minimum in the GTA. If she gets a conditional sentence it is not a conviction.
Roy
cvimmigration.com
[08-11-2011,09:12]
[***.206.0.64]
Roy |
WHAT THEY KNOW (in reply to: permanent resident charged and wants to leave)
Somebody is not familiar with extradition treaty and bases his or her comments on personal opinions or knowledge.
Afghanistan
Algeria
American Samoa
Andorra
Angola
Anguilla
Antarctica
Antigua and Barbuda
Armenia
Aruba, Etc
[08-11-2011,10:47]
[**.232.244.253]
Anonymous |
(in reply to: permanent resident charged and wants to leave)
I have no idea what Anonymous is talking about as usual.
Roy,
It is not doom and gloom. It is the law.
[08-11-2011,20:49]
[***.75.111.126]
DocD |
(in reply to: permanent resident charged and wants to leave)
Believe the lawyers and you are doom. That guy is having his period maybe... lol
[09-11-2011,11:47]
[***.195.54.184]
berg |
(in reply to: permanent resident charged and wants to leave)
There are all kinds of issues that can be raised at any deportation of a permanent resident (PR) for criminality including Humanitarian and Compassionate factors.
Lets say a woman got accused of shoplifting and then accused of resisting arrest. Regardless due to this or that reason the incident actually happened and she got convicted. There were extenuating circumstances including medical reasons for her actions but......she was convicted.
Sentenced to one day in custody.
That means she is admitted to a Jail and release the next second.
Three years later CBSA calls her in since she is still a PR. She rants and raves how she was NOT GUILTY. CBSA Officer gets tired of listening to her side of the story and sends her to admissibility hearing at the Immigration Division (ID).
Immigration Division looks at Black and White issues. Where you convicted? Are you a PR and not a Citizen? Do you have a pardon for the offence?
DEPORTED!
Then the IAD gets information how now she is a changed person with a child etc. etc. boo hoo lets give her a stay of removal on her deportation order for 2 years and tell her to be a good girl, maintain employment, etc. etc..
THAT IS THE LAW!
Roy
cvimmigration.com
[10-11-2011,07:15]
[***.206.169.35]
Roy |
(in reply to: permanent resident charged and wants to leave)
just found out that she has criminal record abroad (pakistan) and is wanted there. does that change any thing here if the police records from pakistan are given to immigration canada?
[10-11-2011,11:07]
[***.76.75.5]
sam jones |
(in reply to: permanent resident charged and wants to leave)
Roy,
That´s right that is the law. The ID order her deportation and then the IAD granted a stay of removal in this case. That is the process.
But saying out loud in a public forum that PR don´t get deported after being convicted of a serious offence is not true and actually irresponsable because that is not always the case.
I don´t advise on gray areas. Things are either right or wrong it is yey or ney and the process and procedures are to be followed as guide line.
I will leave the gray areas for interpretation to you guys.
[10-11-2011,12:45]
[***.115.153.178]
DocD |
conditional sentence (in reply to: permanent resident charged and wants to leave)
I was wondering can someone be removed by getting a conditional sentence for fraud under charges
[30-03-2012,13:35]
[**.84.68.53]
Hass |
