Amir has an outstanding application for permanent residence via the Provincial Nominee Program. Amir indicates that he has just been charged with domestic violence in India. He can't recall the exact provision he has been charged under and says his Indian lawyer is on holiday and so he won't be able to get it for at least a month. He says that the charges are based on his wife accusing him of trying to choke her during an argument they had and that she has asserted that she was left with bruises after the incident. He tells you that he is innocent, and it was his wife who was the aggressor. He says that the law against domestic violence is unfair in India because it is only men who can be subject to it. Finally, he says that he doesn't want to inform the Canadian Government about the charges, and he is not too worried about being convicted because men charged with these types of charges are rarely actually convicted in India although the legal proceedings could go on for a very long time.

Amir wants to know if there can be any potential repercussions of his charges on his permanent residence application and if there are any steps he should take as a result. He tells you that he really wants to come to work in Canada where he will be able to earn a proper living. He tells you that his only child is in Canada studying at Queen's University and that his son plans to remain in Canada permanently. He also notes that he has been having a difficult time in India because he is a Muslim and has faced discrimination in his daily life.

Finally, Amir asks what would happen in the "worst case" scenario if the government doesn't find him inadmissible now, but after he is landed as a PR in Canada he receives a conviction for the domestic assault in India. He wants to know if that can lead to any immigration issues for him in those circumstances and what the process would look like if it does.

Questions:

1. What are the possible effects of Amir's charges on his PR application. Please include an explanation for the basis of any inadmissibility, noting relevant Canadian statutory provision(s).
2. What steps should be advised to Amir to take in light of the charges that have been made against him to give him the best chance of being able to come to Canada on a permanent basis. Please include the steps that he should take to minimize the chance that he will be found inadmissible to Canada.
3. What the potential repercussions are to Amir if he receives a conviction in India after he lands as a PR in Canada and what any potential immigration process would look like at that point including his ability to respond to allegations and/or appeal.

Answer rating: 100% (QA)

Possible Effects on PR Application Amirs charges of domestic violence could have significant repercussions on his permanent residence PR application to Canada Under Canadian immigration law individuals may be deemed inadmissible to Canada if they have committed an offense outside of Canada that would be considered a serious crime in Canada Domestic violence is considered a serious crime under Canadian law and conviction for such an offense can result in inadmissibility The relevant statutory provision in this case is section 362b of the Immigration and Refugee Protection Act IRPA which states that a foreign national is inadmissible to Canada if they have been convicted of an offense outside of Canada that if committed in Canada would constitute an offense under an indictable offense under an Act of Parliament punishable by a maximum term of imprisonment of at least ten years Steps for Amir 1 Consult a Lawyer Amir should immediately seek legal advice from a qualified immigration lawyer in Canada who can guide him on how to proceed with his PR application in light of the charges against him The lawyer can assess his situation and provide tailored advice and representation 2 Gather Information Amir should gather all relevant documents and information related to the charges against him including any court documents police reports and communication with his Indian lawyer This will help his Canadian lawyer assess his case more effectively 3 Be Transparent Amir should be fully transparent with Canadian immigration authorities about the charges he is facing in India Failure to disclose relevant information can lead to further complications and potential inadmissibility issues 4 Provide Explanations Amir should provide detailed explanations for the circumstances surrounding the charges and assert his innocence He should provide any evidence or witnesses that support his version of events 5 Character References Amir should obtain character references from individuals who can attest to his good character and moral standing This can help mitigate any negative perceptions arising from the charges against him Repercussions of Conviction After Landing as PR If Amir receives a conviction for domestic violence in India after he has been landed as a PR in Canada he could face serious consequences under Canadian immigration law As mentioned earlier a conviction for a serious offense outside of Canada can render an individual ... View the full answer