Confusion over police certificate

[Bhatia]

Dear friends

I have lived in Australia for good 2.5 years and shifted to India in 2009 only. However, after reaching India, I came to know through my friend in Australia that, there are 3 pending traffic offence cases against me, though the offences were minor like for over speeding (driving at a speed of 82 km/h when only 70 km/h was permitted), crossing the toll without buying the toll pass. Those traffic tickets were generated after I left Australia and I came to know about them only when I reached India. So, I couldnt do anything about them as I was in India. Its been 2 years now.

Now I am planning to apply for Canadian residentship, for which I am qualifying. For that, I may require police clearence certificate from Australia too. I just wanted to know,

1) IF those offences for which I could not pay since I was in india would affect my visa application or not...?

2) Will these offences be considered as criminal offence since ithey might be pending against my name since 2 years now, without me offering to pay it even once ?

3) Will I be considered inadmissible in canada based upon that...?

4) What if court summons would have been issued against me?
(I got no idea whether summons were issued against my name or not, but generally court summons are issued in Australia if you fail to pay the amount in 6 months or so and there is no correspondence from your side).

Kindly Help me out on this.

Regards
Sukhpreet Singh

 

[Tayotom]

I suggest you get in touch with the Authorities to know the current situation (ie) of your offences whether it could end at just paying the fine. And explain to them, with proofs, how you got the notice late as you have been out the country for over 2 yrs ago and not that your deliberately ignored the tickets. Having cleared your self, you may then request for a police clearance afterwards.

 

[Bhatia]

well thanx a lot tayotom...I appreciate your prompt reply...However, its still some tiem left before i finally put my plans to action...before that, I am tryin to analyse my case myself from all possible angles. I ll certainly get in touch with the authoroties in due course of time...Thanka a lot...!!!

Regards
Sukhpreet Singh

 

[zub2612]

Dear Mr Singh, Do you think Canada will be better than Australia?

Regards,

 

[devilhimselff]

.....I may require police clearence certificate from Australia too. I just wanted to know,

As you have lived 2.5 years in Aus. Its not may be, Police Cert WILL be required.

So my suggestion, contact Aus Authorities and set the record straight.

 

[Baloo]

Dear friends

I have lived in Australia for good 2.5 years and shifted to India in 2009 only. However, after reaching India, I came to know through my friend in Australia that, there are 3 pending traffic offence cases against me, though the offences were minor like for over speeding (driving at a speed of 82 km/h when only 70 km/h was permitted), crossing the toll without buying the toll pass. Those traffic tickets were generated after I left Australia and I came to know about them only when I reached India. So, I couldnt do anything about them as I was in India. Its been 2 years now.

Now I am planning to apply for Canadian residentship, for which I am qualifying. For that, I may require police clearence certificate from Australia too. I just wanted to know,

1) IF those offences for which I could not pay since I was in india would affect my visa application or not...?

2) Will these offences be considered as criminal offence since ithey might be pending against my name since 2 years now, without me offering to pay it even once ?

3) Will I be considered inadmissible in canada based upon that...?

4) What if court summons would have been issued against me?
(I got no idea whether summons were issued against my name or not, but generally court summons are issued in Australia if you fail to pay the amount in 6 months or so and there is no correspondence from your side).

Kindly Help me out on this.

Regards
Sukhpreet Singh

You normally need a police certificate from any country that you have lived in for more than six months.
Check the admissibility rules at the CIC web site.

 

[Bhatia]

i certainly need police certificate...however, before contacting the authorities, i seek certain information from people who have actually been through this or who could provide me some knowledge whether unpaid traffic fines for minor offences are taken seriously by canadian high commission for granting or rejecting visa...?

 

[Bhatia]

Dear Mr Singh, Do you think Canada will be better than Australia?

Regards,

well australia is a nice country...no doubt about that....i havent been to canada before so i cnt tell u in detail about canada...but i ve got many friends who studied in australia or spent few years in australia and then moved to canada...they all say canada is better than australia in many aspects...however, weather in australia holds the edge over canadian weather...!!!

but overall canada is a bigger economy than australia as inner australia is totally undeveloped...ony coastal australia is developed...!!!

 

[zub2612]

Thanks for the kind response...

Best regards,

 

[mitali]

i certainly need police certificate...however, before contacting the authorities, i seek certain information from people who have actually been through this or who could provide me some knowledge whether unpaid traffic fines for minor offences are taken seriously by canadian high commission for granting or rejecting visa...?

Dear Bhatia,

Just going by logic here:

Since it is pertinent to obtain "Traffic History printout" in addition to Aus PCC, my guess would be that- Yes, Canada actually gives importance to anything related to Traffic history (Australia) which also includes unpaid dues in the form of fines.

And people must have cleared their fines before applying for Canadian PR just to be on the safe side, so, IMO you will not get any answers to your question - "whether unpaid traffic fines for minor offences are taken seriously by canadian high commission for granting or rejecting visa...?"

Its always better off to pay them and be in peace rather than walking on untested waters. I know you intend to do the same.....hoping for the best for you.

PCC from Australia:

Australia
Police Certificate needed?
Yes. You may also need to provide a Traffic History printout, depending on which states you lived in while in Australia.
Which Australian police clearances are acceptable?
Applicants must provide a full fingerprint and name check. Certificates can be obtained through the Australian Federal Police (recommended) or the local state police authority.
Applicants who do not reside in Australia must obtain this certificate through the Australian Federal Police. State-issued certificates are acceptable where the certificate is based on a fingerprint and name search of the National Databases.
IMPORTANT AND MANDATORY: Please note that all applicants who resided or still reside in: Queensland, Victoria or Western Australia, must also submit a Traffic History printout, which may be obtained by contacting the local State Transport/Traffic branch. An immigration file number, if available, should be endorsed on the certificate.
Which Australian police clearances are not acceptable?

Photocopies of a clearance
Certificates issued on the basis of a name check without fingerprints
Certificates issued on the basis of a “Complete Disclosure”
Any certificate, if it is not accompanied by a Traffic History Report(s) if the applicant, while over 18 years of age, lived in Queensland, Victoria or Western Australia
How to get one?
The following form is required: Australian Federal Police National Police Check (NPC) Application Form. Applicants may obtain the form for the Australian Federal Police check at:
Criminal Records – National Police Check
Australian Federal Police
Locked Bag 8550
Canberra City ACT 2601
Australia
Telephone from Australia: (02) 6202-3333
Telephone from elsewhere: +61 2 6202-3333
Website: www.afp.gov.au

IMPORTANT: When filling out the Australian Federal Police National Police Check (NPC) Application Form, enter Code Number 35 in section 1 (Purpose of NPC). The Australian Federal Police will send the certificate directly to the mailing address you will nominate in section 4 of the Australian Federal Police National Police Check (NPC) Application Form.

Source Link: http://www.canadavisa.com/canadian-immigration-police-clearance.html


Mitali

 

[Bhatia]

to mitali

thanx mitali for your reply...however, I dont mind paying off my dues...however, I am not sure even after paying my dues will my traffic history and police certificate would improve or not...what all is taken care off in police certificate for immigration puposes...do they only cover criminal offences or civil offences as well as in my case (i think so)..?
secondly are my offences actually criminal in nature...even if i had warrant against me or court summons etc etc...cos I havent been answering them since 2 years..?

Thanx in advance...!

 

[mitali]

Re: to mitali

thanx mitali for your reply...however, I dont mind paying off my dues...however, I am not sure even after paying my dues will my traffic history and police certificate would improve or not...what all is taken care off in police certificate for immigration puposes...do they only cover criminal offences or civil offences as well as in my case (i think so)..?
secondly are my offences actually criminal in nature...even if i had warrant against me or court summons etc etc...cos I havent been answering them since 2 years..?

Thanx in advance...!

Dear Bhatia,

Paying off TRAFFIC dues is one matter which will keep you in clear and your traffic report may not reflect that but having a warrant issued or not attending Court summons are serious offences and I am sure will reflect on your PCC. CIC has zero tolerance for Criminal/Civil offences.

I believe Australian PCC is two fold: one is the traffic record and other is the actual PCC which deals the Criminal and Civil aspects. IMO, one will have to clear ALL the reason for which he/she had been summoned by Court, only then one can get a PCC which can absolve that person of the crime committed. I also believe the offences will still be mentioned on the PCC (but I am not a 100% sure)....but at the same time if you are cleared by the Court of law,then you would qualify to be admissible in Canada.

The traffic offences that you have mentioned can be dealt with and I am sure your traffic history will not have any negative impact on your PR after you've paid the fees.

Mitali

 

[Bhatia]

thanx again mitali...Actualy in Australia we have to separate courts...one for traffic offences and one for criminal offences...Though I all be delighted if I get the chance to pay off my dues and clear my debt in Australia...However, what many people told me was, inadmissibility to canada is purely based upon your criminal record rather than civil record. the summons that would have been issued to me would have been from civil court...for which I cannot be sentenced...I may have to hefty fines or my license could be cancelled or suspended for whatever time period. But since I havent damaged any public or govt. property or hit anyone while driving, or havent been charged of reckless driving, which is a threat to the canadian nationals, these charges cannot be considered criminal offences.

what do you say about it...?

 

[mitali]

thanx again mitali...Actualy in Australia we have to separate courts...one for traffic offences and one for criminal offences...Though I all be delighted if I get the chance to pay off my dues and clear my debt in Australia...However, what many people told me was, inadmissibility to canada is purely based upon your criminal record rather than civil record. the summons that would have been issued to me would have been from civil court...for which I cannot be sentenced...I may have to hefty fines or my license could be cancelled or suspended for whatever time period. But since I havent damaged any public or govt. property or hit anyone while driving, or havent been charged of reckless driving, which is a threat to the canadian nationals, these charges cannot be considered criminal offences.

what do you say about it...?

Oh yes of course, your traffic offences are not Criminal at all and you are not a threat to Canada and I hope the VO will think likewise.....but at the end its at the discretion of the Visa officer. I don't want to scare you, but at the same time I have not heard any application being refused for minor traffic offences.

The following is from a Google search:

Civil law is (in general) litigation between people, companies, organisations or parties and normally concerns money.

Criminal law is the state regulating conduct by way of a criminal code and transgression results ina fine or imprisonment imposed by the State.


Mitali

 

[Bhatia]

Oh yes of course, your traffic offences are not Criminal at all and you are not a threat to Canada and I hope the VO will think likewise.....but at the end its at the discretion of the Visa officer. I don't want to scare you, but at the same time I have not heard any application being refused for minor traffic offences.

The following is from a Google search:

Civil law is (in general) litigation between people, companies, organisations or parties and normally concerns money.

Criminal law is the state regulating conduct by way of a criminal code and transgression results ina fine or imprisonment imposed by the State.


Mitali

Thanx a lot Mitali...You ve been of great help and encouragement for me.

Regards
Sukhpreet Singh