On Student visa and charged with criminal case

[Rawwaaatttt]

Hi everyone!!
My situation is complex and I don’t know what I should do. I am on student visa and going to apply for work permit for one year after a week. Last year I was charged with a criminal case, my case is still in the court and I am fighting for it and would take more 10 months to be over with it. What should I do? What should be my approach to have PR. Can I apply under H&C application under expectation, as due to this case I won’t be getting jobs and would lose a lot of time and won’t be getting jobs to get
enough points to apply for PR.
Please help!
Thansk

 

[forevermore76]

Hi everyone!!
My situation is complex and I don’t know what I should do. I am on student visa and going to apply for work permit for one year after a week. Last year I was charged with a criminal case, my case is still in the court and I am fighting for it and would take more 10 months to be over with it. What should I do? What should be my approach to have PR. Can I apply under H&C application under expectation, as due to this case I won’t be getting jobs and would lose a lot of time and won’t be getting jobs to get
enough points to apply for PR.
Please help!
Thansk

Being charged doesn't make you inadmissible so your PGWP should be approved. You will need to disclose everything to IRCC in your application though as hiding any information will result in a refusal and possibly even a 5 yr ban.

There is no H&C for work permit and even if there was you have no grounds for H&C, PR included.

For PR, you will probably have to get the 1yr work experience and try to increase your score as much as possible. Provincial nomination might be possible too. That said, having pending criminal charges might act as a deterrent for your potential employers. Not disclosing will make it even worse.

Everything changes if you get convicted though. What you really need is an excellent criminal defense attorney, one who can either get the charges dropped or at the very least get you a conditional discharge.

 

[Rawwaaatttt]

Being charged doesn't make you inadmissible so your PGWP should be approved. You will need to disclose everything to IRCC in your application though as hiding any information will result in a refusal and possibly even a 5 yr ban.

There is no H&C for work permit and even if there was you have no grounds for H&C, PR included.

For PR, you will probably have to get the 1yr work experience and try to increase your score as much as possible. Provincial nomination might be possible too. That said, having pending criminal charges might act as a deterrent for your potential employers. Not disclosing will make it even worse.

Everything changes if you get convicted though. What you really need is an excellent criminal defense attorney, one who can either get the charges dropped or at the very least get you a conditional discharge.

I have hired a good lawyer and there are chances of me winning. I am more concerned about PR. I was hoping H&C would work as my circumstances are complex and all.
Thanks for reply!

 

[forevermore76]

I have hired a good lawyer and there are chances of me winning. I am more concerned about PR. I was hoping H&C would work as my circumstances are complex and all.
Thanks for reply!

There's nothing stopping you from applying but from information you have shared, there's no case for H&C. All it'll do is buy you time. Ultimately, you will be deported and face bigger challenges to come back, if ever.

Your best bet is to get the charges dropped or get a conditional discharge, so focus on that.

Quote from IRCC
Applying for H&C consideration is an exceptional measure – it is not simply another means of applying for permanent resident status in Canada.

 

[Copingwithlife]

Hi everyone!!
My situation is complex and I don’t know what I should do. I am on student visa and going to apply for work permit for one year after a week. Last year I was charged with a criminal case, my case is still in the court and I am fighting for it and would take more 10 months to be over with it. What should I do? What should be my approach to have PR. Can I apply under H&C application under expectation, as due to this case I won’t be getting jobs and would lose a lot of time and won’t be getting jobs to get
enough points to apply for PR.
Please help!
Thansk

“Can I apply under H&C application under expectation, as due to this case I won’t be getting jobs and would lose a lot of time and won’t be getting jobs to get
enough points to apply for PR.”

No

 

[forevermore76]

“Can I apply under H&C application under expectation, as due to this case I won’t be getting jobs and would lose a lot of time and won’t be getting jobs to get
enough points to apply for PR.”

No

Might sound harsh but sometimes I wish there was an orange man to clean garbage up north too. Other day someone was calling H&C a PR stream. Lol. H&C should just be completely shut down, probably 99% of it is anchor baby situations anyway.

 

[unforgettableseries]

I have hired a good lawyer and there are chances of me winning. I am more concerned about PR. I was hoping H&C would work as my circumstances are complex and all.
Thanks for reply!

Under what section of the criminal code were you charged? Canada is not the US and what stays on your record (even with a pardon / record suspension / absolute discharge) can vary based upon what you were charged with. You are also under different obligations to disclose depending on the nature of the offence.

 

[scylla]

Hi everyone!!
My situation is complex and I don’t know what I should do. I am on student visa and going to apply for work permit for one year after a week. Last year I was charged with a criminal case, my case is still in the court and I am fighting for it and would take more 10 months to be over with it. What should I do? What should be my approach to have PR. Can I apply under H&C application under expectation, as due to this case I won’t be getting jobs and would lose a lot of time and won’t be getting jobs to get
enough points to apply for PR.
Please help!
Thansk

Don't assume H&C will solve inadmissibility. Depending on the charges and outcomes, you could be removed from Canada before the H&C application is even considered.

You should hire the best criminal lawyer you can and get the charge dropped or reduced.

 

[unforgettableseries]

Don't assume H&C will solve inadmissibility. Depending on the charges and outcomes, you could be removed from Canada before the H&C application is even considered.

You should hire the best criminal lawyer you can and get the charge dropped or reduced.

There is no such thing as “dropped” charges in Canada. Only withdrawn.

Withdrawn is the best possible outcome to hope for; but contrary to popular belief it always stays on your record. So OP should aim to have this withdrawn by whatever means necessary.

If the charge gets withdrawn; he will ALWAYS have to answer yes to:

Have you ever been charged?
Have you ever been arrested?

Certain agencies and US CBP have access to everything without your consent. So don’t ever lie.

 

[unforgettableseries]

Might sound harsh but sometimes I wish there was an orange man to clean garbage up north too. Other day someone was calling H&C a PR stream. Lol. H&C should just be completely shut down, probably 99% of it is anchor baby situations anyway.

Not harsh at all and appreciate someone else speaking up on these forums.