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can i get my police clearence if i am out of status in canada spousal sponserhip

K

kirthan5

Member
Jun 6, 2010
18
0
hi,
we submitted an out land application.the embassy from new Delhi sent me a letter to send them my passport and police clearance.i didn't do my police clearance caz am scared of being out of status in canada.also am still living in canada with no legal status.
can anybody tell me if i can go and get my police clearance.
how do i send my passport to india. do i have to send by post from canada or do i have to go to india and post them from india.
help me please
thankyou
 
I'm not sure about New Delhi, but I believe a lot of places require you to request them in person (as I had to), and possibly do fingerprints, etc. I'm thinking another New Delhi applicant would have a better idea.

If you're out of status, that's probably no good, especially if you were called for an interview, etc. Have you been there longer than 6 months?
 
am staying here in canada from 7years.now am outof status.
cani still apply for police clearance.
am planing to go to india and submitt my passport and ploice clearance.
can i get my police clearance even am out of status in canada
 
Anyone else feel like getting negative ratings from this guy?? FFS.
 
You HAVE to apply for police clearance, otherwise your application will be refused. You also have to admit on the application you have been living illegally in Canada for 7 years as well.

You have no choice, if I was you I would leave Canada instantly, before the application is submitted, therefore a deportation warrant will not be issued. Apply Outland, making sure you tell all the truth and hope someone in CIC is in a good mood.

I am sure you will be called for an interview anyway, and as this will be in India, you might as well already be there.
 
Pharoh said:
Anyone else feel like getting negative ratings from this guy?? FFS.
Click to expand...

I will take a whack at it... I already have negatives...

I believe that you can obtain a police clearance in Canada regardless of your status... but you run the risk of alerting the authorities to your lack of status. But like the previous poster said... you HAVE to obtain it... otherwise they are going to deny you.

As for sending your passport through the mail I believe that I read in another thread (anyone correct me if I am wrong) that it is against the law to mail the passport out of ND so you would not be able to get it back. If you leave Canada to take the passport there yourself you run the risk of not being allowed back to Canada.

I have no good advice to you except to resolve your status and complete the items the visa office has requested, and face whatever consequences you may incur...

or forget about ever getting your PR and remain here illegally.
 
angelbrat said:
You HAVE to apply for police clearance, otherwise your application will be refused. You also have to admit on the application you have been living illegally in Canada for 7 years as well.

You have no choice, if I was you I would leave Canada instantly, before the application is submitted, therefore a deportation warrant will not be issued. Apply Outland, making sure you tell all the truth and hope someone in CIC is in a good mood.

I am sure you will be called for an interview anyway, and as this will be in India, you might as well already be there.
Click to expand...
You have to submit police clearances from every country you've lived in for more than 6 months since turning 18 years of age - but, you do not have to "admit" that you are living in Canada illegally when you submit an outland application. There is no residency requirement with an outland application. You can be living anywhere in the world - legally or otherwise - and still submit your outland PR application through the embassy that represents your country of birth. Your ability to remain in Canada is dependent on your temporary status, and the fact that you are illegal is the concern of authorities within Canada, not by assessing officers working for CIC in Delhi on your permanent residence application. If being in Canada legally was a requirement for PR, there would be no "inland" application process for out-of-status spouses and partners of Canadians. So why would it have bearing on the eligibility of an outland applicant? So I completely disagree with what angelbrat. That doesn't mean I think it's okay to stay in Canada for 7 years illegally - but that is not grounds under the IRPA for refusal of your PR ap, and applying for PR when your illegally in Canada does not initiate deportation proceedings.

As far as the police checks - normally they say not to submit police checks for Canada unless they specifically ask you to do so. I can't tell from your question whether the police clearance they're asking for is one from Canada or one from India. Either way, you'll require fingerprints. I was able to get fingerprints in Canada for my US police clearance without having to prove that I had legal temporary status in Canada, and that was through our local police department. In some areas you can also get fingerprinted for RCMP clearances (if that's what they're asking you for) through an agency called Commissionaires. If they're asking you to submit a police check for India you should be able to get fingerprinted in Canada without having to worry that your illegal status will get you into trouble . . . but whether or not you can actually get those fingerprints to India, and successfully receive your criminal clearance back in Canada so that you can submit it to ND is the big question. I do know that it's not possible to mail your passport from Canada to India when it's requested to complete the PR process, so at some point you're going to have to go back anyway . . . and you may have to go back to get your criminal clearances done. The good news is that ND is one of the fastest embassies and, in my humble opinion, you'll probably do a lot towards getting things finalized quickly if you go back, and get your clearance done and your passport submitted so you can get this finished and come back to Canada to "land" as a permanent resident. It doesn't do you or your partner any good for you to remain in Canada illegally - whether you would suffer consequences for that or not - if it means that it delays the processing of your application when the bottom line is that you have to go back at some point anyway in order to get this thing finalized.
 
Robsluv you always write stuff that makes so much sense.

To clarify, someone that has lived in Canada illegally for 7 years would not have a problem getting a spousal PR....Yes???
 
kirthan5 said:
am staying here in canada from 7years.now am outof status.
cani still apply for police clearance.
am planing to go to india and submitt my passport and ploice clearance.
can i get my police clearance even am out of status in canada
Click to expand...

I think he meant.. He is in Canada for 7 years... But NOW he is out of status..

I am not sure what is the duration of this NOW... may be OP can explain
 
angelbrat said:
Robsluv you always write stuff that makes so much sense.

To clarify, someone that has lived in Canada illegally for 7 years would not have a problem getting a spousal PR....Yes???
Click to expand...

No, I dont think that is what Robsluv meant... just that the out of status wont hinder (or make worse) the application...


the PR has to stand on its own merit and Robsluv (forgive me for speaking for you) isnt going to say that anyone will have no trouble getting spousal PR.

Sorry RL if I am speaking out of turn.
 
hi
thank you for everything and thank you everybody
am out of status for 2 years kind off from July 2008.
do u think i can still go to the local police station and get me police clearance with no trouble.
am going to India on November 15 to submit my passport and police clearance as requested by the canadian embassy from India.
thank you.
 
kirthan5 said:
hi
do u think i can still go to the local police station and get me police clearance with no trouble.
am going to India on November 15 to submit my passport and police clearance as requested by the canadian embassy from India.
Click to expand...
Still don't know if you've been asked to provide a clearance for Canada, or for India . . . and that matters. Your local Canada police station does not give you the clearance - they only do the fingerprinting for you on a special form that you have to submit to the agency that issues the clearance. For example: if you have been asked to certify that you have no arrest record or criminal convictions in Canada, you will have to send the fingerprint card that the local police station gives you to the RCMP. They check their database and report whether or not you have ever been arrested in Canada - and that takes at least 120 days to get back from them. If you have been asked to provide a clearance that you have no arrests or convictions in India, you will have to submit fingerprints to the agency in India that issues that type of certification - and they may not accept a fingerprint card done in Canada. If that's what you need, and you're going to India anyway, you're probably better off not to get fingerprints done in Canada at all. Wait to get them done in India and get your clearance there - and then submit the clearance to the Embassy when you receive it back. If you need an RCMP clearance for Canada, you're not going to have that back in time to take it to India in mid-November. These things take time - when you go to get your fingerprints done, you don't get a clearance right then and there. That's just the first step of the process.

angelbrat said:
Robsluv you always write stuff that makes so much sense.

To clarify, someone that has lived in Canada illegally for 7 years would not have a problem getting a spousal PR....Yes???
Click to expand...
It is not a requirement of the spousal PR process that an applicant be in Canada legally - if it was, there would be no "inland" PR process. That doesn't mean that they won't have trouble getting their application processed - especially if they apply inland. Inland applicants who are out of status usually wait years to finally get their applications approved, but the OP of this thread is applying outland. There is no residency requirement with outland applicants - so the OPs status in Canada (or lack thereof) will not be an issue to the outland PR ap.

As far as the initial question - can the OP get fingerprinted in Canada without proving s/he has valid temporary status? I think so. At least I know that I got fingerprinted in Canada twice to facilitate getting clearances for PR - and that was the reason I told them for why I was getting the prints - and I was not required to show proof of my legal temporary status.
 
anyone can get their police clearence even if you are out of status.. when I went to the station I did not even take my passport with me. two pieces of id( government issued) will be enough... they dont even check your status in their system.. if they did I would be in trouble :)
 
thank you everybody.
i think the police clearance i have to submit is from Canada. what i am thinking is when u go for police clearance they just check if u have any criminal record.the police has nothing to do with the immigration.as for me i never talk to a police officer nor i met any in Canada.i think i have no record with them.so what makes me feel better.never been in any trouble with anybody in Canada.
am going to get my police clearance this weekend may be 22nd Friday..
wish me good luck.
i will leave to India this November 15.
thank you all
 
hi everybody !
finally got my PR.
for Police clearance in canada just go to the HQ @ Downtown , its fast and quick.
i dont have my status still they didnt ask me anything , 2pcs of ID and $28. thats it.got PCC in 6days.
 
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