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Immigration officer asking me to submit police certificate for 5 year period instead of 4 year period

R

rakakatoofaan

Star Member
Sep 8, 2014
123
21
Hi,

At the outset, I hope everyone is safe and doing well!!

Background:
I became PR in 2016. I went for my citizenship interview few days back and the officer said to me that I need to submit a Police verification, from the USA, as I was living in the USA for sometime.

I told him, that I have lived less than 180 days outside the country in the past 4 year period before I applied for citizenship. He said, he is calculating 5 year period from the day of my application. The Day when I submitted my application is April 11th 2022.

When I applied for the Citizenship, I read this on the application checklist:

Original police certificates or clearances
• You must provide a police certificate for each country or territory where you have been present for 183 days or more in a row (since the age of 18) for the four (4) years immediately before the date of your application

Based on the above, I calculated and I had only lived in the USA for less than 180 days in the 4 year application period, just before applying for the citizenship. Therefore, the breakdown of the number of days/years, for 4 years before, I submitted the application is as below :

2018 April 12 to 2019 April 11 - 365 days or 1 year ( Only 142 days in the USA)
2019 April 12 to 2020 April 11 - 365 days or 1 year
2020 April 12 to 2021 April 11 - 365 days or 1 year
2021 April 12 to 2022 April 11 - 365 days or 1 year

Now I was in the USA from April 12th 2018 to August 31st 2018 and then moved to Canada permanently on September 1st 2018. So the Total number of days that I was out of country is 142 days.

Question:
  1. Is the officer correct when he said that I need to provide a police certificate for 5 years starting 2017 April 12 instead of 4 year period as listed in the citizenship application?
  2. Can I reach out to officer and clear the confusion and ask him why is he asking about 5 years period when the application/application checklist only says 4 years? Will this jeoperdize my citizenship application?
  3. Am I wrong in my assumption about the police certificate requirement?

Thank You for taking out the time to read this and appreciate any response and suggestion to my query.
Regards
 
Last edited:
D

dpenabill

VIP Member
Apr 2, 2010
6,435
3,183
rakakatoofaan said:
I told him, that I have lived less than 180 days outside the country in the past 4 year period before I applied for citizenship. He said, he is calculating 5 year period from the day of my application. The Day when I submitted my application is April 11th 2022.

When I applied for the Citizenship, I read this on the application checklist . . .

Question:
  1. Is the officer correct when he said that I need to provide a police certificate for 5 years starting 2017 April 12 instead of 4 year period as listed in the citizenship application?
  2. Can I reach out to officer and clear the confusion and ask him why is he asking about 5 years period when the application/application checklist only says 4 years? Will this jeoperdize my citizenship application?
  3. Am I wrong in my assumption about the police certificate requirement?
Click to expand...
The response by @adbcca covers it. IRCC can ask any citizenship applicant for a police certificate, from just about any country, at any time attendant processing the citizenship application (even AFTER an application has been approved and is scheduled for the oath).

To be reasonable, and thus a basis for action on the application if the applicant declines or fails to provide the requested PCC, obviously there needs to some nexus between the applicant and the country. This is a very low bar; note for example that circumstances other than presence in that country could justify the request. Apart from that, just about any presence in that country, ever, would be sufficient to make the request sufficiently reasonable to allow IRCC requiring it be provided, and it is for sure that any presence during the period four years prior to making the citizenship application would easily meet the reasonableness threshold.

Further Observations and Explanation:

The primary relevant requirement for citizenship, of course, is that the applicant not be the subject of any prohibition that precludes a grant of citizenship. Any criminal charges in the U.S., in any way active (made or still pending for example) within the four year period prior to making the citizenship application, or since, for what would be an indictable OR hybrid offence in Canada, would constitute a prohibition.

To make a complete application for citizenship, among the information and documents the applicant must submit WITH the application is a police clearance from any country in which the applicant spent more than 183 days in a row during the four year period prior to the date of the application. This is ONLY about what is required to make a complete application. (There are some exceptions allowed.)

To meet the applicant's burden of proving there are NO prohibitions, one of the eligibility requirements to actually be granted citizenship, an applicant can also be required to provide additional information or documents. This can include requiring the applicant to provide a police clearance from any country with which the applicant has any ties, including prior presence in that country (not necessarily residence or working). While this would ordinarily be triggered by a significant period of presence in that country, just about any presence could trigger the request.

BUT, it warrants noting, in the course of processing a citizenship application IRCC can probe the applicant's entire immigration history. Thus, while we do not see it happening but rarely, IRCC could request a police clearance for the purpose of verifying the applicant properly obtained PR status itself.

In short: the investigatory scope of IRCC's inquiries in processing a citizenship application is very, very broad.

Particular questions:
  • Is the officer correct when he said that I need to provide a police certificate for 5 years starting 2017 April 12 instead of 4 year period as listed in the citizenship application?
If the officer requests a police certificate, that means (subject to exceptions) that yes, the applicant needs to provide the certificate as requested.

I do not know what the interviewing official (probably not a Citizenship Officer, by the way, more likely a processing agent, but possibly an officer) actually said. But I suspect you have conflated what triggered the request for what is actually requested. The police certificate you obtain and submit from the U.S. will likely cover a period beyond the 5 years starting April 2017; it will for sure need to cover the period to the date of the clearance (that is, cover the period AFTER the April 12, 2017 to April 11, 2022 period), and will likely cover the period prior to April 12, 2017 as well.

  • Can I reach out to officer and clear the confusion and ask him why is he asking about 5 years period when the application/application checklist only says 4 years? Will this jeoperdize my citizenship application?
Asking questions should NOT jeopardize the citizenship application. But you met the requirements for making a complete application, and IRCC has accordingly proceeded with processing your application. Knowing why they are asking for a clearance now, if the official would even give an explanation why (generally investigatory decisions are confidential), will not change what you need to do. The probable reason is to verify you have no charges in the U.S. that might constitute a prohibition, but IRCC might also be looking into your background to make sure there are no issues related to your application for a PR visa, or even to assess background information collateral to verifying your physical presence. As previously noted, the potential scope of IRCC's investigation is very, very broad . . . and the scope of investigation conducted in any particular case is confidential, as in secret.
  • Am I wrong in my assumption about the police certificate requirement?
Yep.
 
Last edited:
Mounat

Mounat

Star Member
Sep 15, 2022
139
126
Texas
rakakatoofaan said:
Can I reach out to officer and clear the confusion and ask him why is he asking about 5 years period when the application/application checklist only says 4 years? Will this jeoperdize my citizenship application?
Click to expand...
You can but you probably shouldn't. Bickering with an immigration officer, even if he or she is wrong, is usually a losing proposition. And considering the request is something you can reasonably and easily fulfill, I'd just get the certificate and be done with it. Unless you have concerns about that fifth year.
 
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Reactions: snoopyta and e_ca
E

e_ca

Star Member
May 23, 2016
149
86
It takes less than a week and less than 100$ for getting an FBI letter. While it can delay your application indefinitely. Just get one and submit it.
 
R

RMinna

Star Member
Jan 26, 2023
77
5
rakakatoofaan said:
Hi,

At the outset, I hope everyone is safe and doing well!!

Background:
I became PR in 2016. I went for my citizenship interview few days back and the officer said to me that I need to submit a Police verification, from the USA, as I was living in the USA for sometime.

I told him, that I have lived less than 180 days outside the country in the past 4 year period before I applied for citizenship. He said, he is calculating 5 year period from the day of my application. The Day when I submitted my application is April 11th 2022.

When I applied for the Citizenship, I read this on the application checklist:

Original police certificates or clearances
• You must provide a police certificate for each country or territory where you have been present for 183 days or more in a row (since the age of 18) for the four (4) years immediately before the date of your application

Based on the above, I calculated and I had only lived in the USA for less than 180 days in the 4 year application period, just before applying for the citizenship. Therefore, the breakdown of the number of days/years, for 4 years before, I submitted the application is as below :

2018 April 12 to 2019 April 11 - 365 days or 1 year ( Only 142 days in the USA)
2019 April 12 to 2020 April 11 - 365 days or 1 year
2020 April 12 to 2021 April 11 - 365 days or 1 year
2021 April 12 to 2022 April 11 - 365 days or 1 year

Now I was in the USA from April 12th 2018 to August 31st 2018 and then moved to Canada permanently on September 1st 2018. So the Total number of days that I was out of country is 142 days.

Question:
  1. Is the officer correct when he said that I need to provide a police certificate for 5 years starting 2017 April 12 instead of 4 year period as listed in the citizenship application?
  2. Can I reach out to officer and clear the confusion and ask him why is he asking about 5 years period when the application/application checklist only says 4 years? Will this jeoperdize my citizenship application?
  3. Am I wrong in my assumption about the police certificate requirement?

Thank You for taking out the time to read this and appreciate any response and suggestion to my query.
Regards
Click to expand...


rakakatoofaan - Actually When did you become PR ?

I 'm thinking that you just traveled to Canada to become PR and after few days , you travelled back to USA. then you came back to Canada permanently on September 1st 2018 .

OR you might be selected 10b question in application as 'YES'. If this is the case officer might be in raised a flag . go back check in your application.
 
F

frange

Hero Member
May 25, 2018
900
247
e_ca said:
It takes less than a week and less than 100$ for getting an FBI letter. While it can delay your application indefinitely. Just get one and submit it.
Click to expand...
Hello;

My friend is in the process to become PR.
He was in the US multiple time and they request a US police certificate.
He lives in the Caribbean but not able to travel to us or canada to take fingerprint.
What is the process?
 
G

gelu

Newbie
Dec 6, 2023
7
0
Hello i have question... is it required to submit police clearance for inland spousal application? My husband and i got married last feb. 4, 2024 and i am applying for inlanspousal for him since i am the PR. He is already 4years in Canada and never leave since the day he land here so we are having hard time compliying the police clearance from other countries now...
 
F

forw.jane

VIP Member
Apr 29, 2019
6,906
2,808
gelu said:
Hello i have question... is it required to submit police clearance for inland spousal application? My husband and i got married last feb. 4, 2024 and i am applying for inlanspousal for him since i am the PR. He is already 4years in Canada and never leave since the day he land here so we are having hard time compliying the police clearance from other countries now...
Click to expand...
If he is in Canada for past 4 yrs, he does not require any PCC.
 
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