My friend got arrested for common assult,can he apply for BC

Alish60 · Post by **Alish60** » Wed Jan 23, 2013 3:57 am

My friend is going to apply for BC as a spouse of a BC.
2 and half years ago his wife had him arrested by the police, he was arrested and charged with common assault, he was refused bail and was remained in custody for 47 days, he had 3 hearing court meanwhile and pleaded not guilty, then his wife dropped the charge and decided to not to carry on with the allegations so he was released without being convicted.
He received a letter from police saying the witness has dropped the charges and no future action will be taken as there is no evidence.
now he is living with his wife and son happily and wants to apply for BC, he is wondering if the charge and being in prison will be a criminal record for him or not although he was never convicted !?
can he apply for BC without being worried?
thanks for your time.

Post by **John** » Wed Jan 23, 2013 7:23 am

can he apply for BC without being worried?

Yes, he does not have a criminal record.

Based upon what you have posted, he does not have any convictions.

Alish60 · Post by **Alish60** » Thu Jan 24, 2013 8:42 am

John wrote:
can he apply for BC without being worried?
Yes, he does not have a criminal record.

Based upon what you have posted, he does not have any convictions.

Thanks for the reply, he is saying , what about being charged for assault ? would that have an effect on his application?

Gyfrinachgar · Post by **Gyfrinachgar** » Thu Jan 24, 2013 9:14 am

Alish60 wrote:Thanks for the reply, he is saying , what about being charged for assault ? would that have an effect on his application?

Yes. "Caseworkers should not normally grant citizenship to someone who has a prosecution pending." (see chapter 4). No decicion would be made until the court proceedings have concluded.

Post by **John** » Thu Jan 24, 2013 9:36 am

Gyfrinachgar, but this person does not have a prosecution pending. The case was dropped.

Gyfrinachgar · Post by **Gyfrinachgar** » Thu Jan 24, 2013 9:39 am

John wrote:Gyfrinachgar, but this person does not have a prosecution pending. The case was dropped.

Oh, thanks, I misread that. I tought the last post indicated that the charge was still on. In that case, it will do squat, it means nothing.

Alish60 · Post by **Alish60** » Thu Jan 24, 2013 9:21 pm

Gyfrinachgar wrote:
John wrote:Gyfrinachgar, but this person does not have a prosecution pending. The case was dropped.
Oh, thanks, I misread that. I tought the last post indicated that the charge was still on. In that case, it will do squat, it means nothing.

Thanks

Alish60 · Post by **Alish60** » Thu Jan 24, 2013 9:21 pm

John wrote:Gyfrinachgar, but this person does not have a prosecution pending. The case was dropped.

Thanks John

Immigrationboards.com: Immigration, work visa and work permit discussion board

My friend got arrested for common assult,can he apply for BC

My friend got arrested for common assult,can he apply for BC