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.
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.
