Do I have to submit background checks ?

[lapingapara]

hi all

I was born in Mexico. Moved to the USA in 2012(as a green card holder) and lived there until November 2015 when I came to Canada as a PR.(family sponsorship).
Now I want to apply for citizenship in Canada...do I have to send background checks for USA and Mexico? or just the USA? or none? since it says on the application that i dont have to send any if I came to Canada in the last 5 years from my country of origin(in this case USA)
thank you

 

[novascotia27]

hi all

I was born in Mexico. Moved to the USA in 2012(as a green card holder) and lived there until November 2015 when I came to Canada as a PR.(family sponsorship).
Now I want to apply for citizenship in Canada...do I have to send background checks for USA and Mexico? or just the USA? or none? since it says on the application that i dont have to send any if I came to Canada in the last 5 years from my country of origin(in this case USA)
thank you

If you haven’t been anywhere else (outside Canada) for more than 183 days … then you don’t need to submit a police check report. If you have, then you do. This is regardless of the country you were born, immigrated or you came from.

 

[lapingapara]

If you haven’t been anywhere else (outside Canada) for more than 183 days … then you don’t need to submit a police check report. If you have, then you do. This is regardless of the country you were born, immigrated or you came from.

hi and thank you for your reply...I have visited other countries but never for more than a couple weeks.. What should I write in the application then? "N/A ?

 

[navid2014]

hi and thank you for your reply...I have visited other countries but never for more than a couple weeks.. What should I write in the application then? "N/A ?

You will mark 10 b as 'No' if below condition matches your case.

You don’t need to provide a police certificate if

• you were in your country of origin immediately prior to becoming a permanent resident and landing in Canada, and
• this time falls within the past 4 years
• If you haven’t been anywhere else (outside Canada) for more than 183 days in past 4 years

https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/guide-0002-application-canadian-citizenship-under-subsection-5-1-adults-18-years-older.html

See the following examples to help you answer this question about PCC.

Example 1

You lived in France for one year (365 days) before you became a permanent resident 3 years ago. You did not travel to France after you became a permanent resident. You would answer “Yes” to the question and you would need to provide a police certificate from France if you did not provide one with your immigration application. If you provided a police certificate from France with your immigration application, tell us this in the box provided at Question 10b.

Example 2

You became a permanent resident 3 years and 9 months ago. In the past 4 years, you lived in Brazil for 3 months (90 days) before you became a permanent resident and you returned to Brazil to visit family for 4 months (120 days) after you became a permanent resident. You would answer “No” to the question and you would not need to provide a police certificate from Brazil because you did not spend 183 days or more in a row in Brazil.

Example 3

In the past 4 years, you took 10 trips to the United States of America (USA). Each trip lasted 3 weeks, for a total of 210 days. You would answer “No” to the question and you would not need to provide a police certificate from the USA because you did not spend 183 days or more in a row in the USA.

Example 4

In the past 4 years, you travelled to Singapore four times for work. The first trip was for 30 days; the second trip was for 200 days; the third trip was for 60 days; and the fourth trip was for 120 days. While in Singapore, you took a trip to Malaysia (10 days) and Thailand (10 days). You would answer “Yes” to the question and you would need to provide a police certificate from Singapore because your second trip was more than 183 days in a row. You would not need to provide police certificates from Malaysia or Thailand.

Example 5

In the past 4 years, you took 1 trip to Europe where you visited Portugal (5 days), Spain (7 days), France (10 days), Belgium (3 days), Netherlands (3 days), Germany (21 days), Switzerland (7 days) and Italy (21 days). You took a second trip to Europe where you visited Ireland (14 days), Scotland (14 days) and England (21 days). You went to Germany for a business trip that lasted 60 days. The total time you were outside of Canada was 186 days but you were not in a single country for 183 days or more in a row. You would answer “No” to the question and you would not need to provide police certificates from any of the countries.

 

[dpenabill]

I was born in Mexico. Moved to the USA in 2012(as a green card holder) and lived there until November 2015 when I came to Canada as a PR.(family sponsorship).
Now I want to apply for citizenship in Canada...do I have to send background checks for USA and Mexico? or just the USA? or none? since it says on the application that i dont have to send any if I came to Canada in the last 5 years from my country of origin(in this case USA)
thank you

If the accurate answer to item 10 b) in the application is "No," then the proper answer is to check "No" and there is no need to submit a police clearance from any country (with the application; IRCC can request a police clearance later regardless how long the applicant was in a country).

If the accurate answer to item 10 b) is "Yes," then the proper answer is to check "Yes," and list the country. Then EITHER explain which exception applies (see instructions linked by @navid2014, including the examples) OR submit a police clearance with the application.

Clarification in regards to the post by @navid2014, just to be sure it is clear . . . in response to item 10 b) the applicant should check "No" ONLY if it is true that the applicant was NOT in another country, even country of origin, for 183 or more days in a row within the preceding 4 years. That is, just like any other factual question, the applicant should answer item 10 b) based on the facts, based on whether the applicant was in another country (any other country, even country of origin) for 183 or more days in a row within the preceding 4 years. This would have NOTHING to do with any of the exceptions.

For further clarification: even when the exception for country of origin applies, and a clearance is not necessary, that does not change how to answer the first part of item 10 b). Note, in particular, whether or not the applicant will need to submit a clearance with the application does not change whether to check "Yes" or "No" in response to item 10 b).

. . . I have visited other countries but never for more than a couple weeks.. What should I write in the application then? "N/A ?

If you have NOT been in ANY other country for more than a few weeks during the last FOUR (4) years, again you check "No" in response to item 10 b). And that is it. You can leave the chart blank. Or you can, to be sure, write "N/A" in the chart.

Your first query says the application refers to whether you "came to Canada in the last 5 years from my country of origin (in this case USA)"

Not sure where you got the 5 years from. Item 10 b) in particular, including the applicable instructions, and in regards to the prohibitions generally, are about the FOUR (4) years prior to applying.

Since you became a Canadian PR in 2015, more than four years ago, it appears none of the exceptions to providing a clearance would apply. For example, if you have been in the U.S. for more than 183 days in a row in the previous four years, even assuming that is your country of origin, that would require checking "Yes" in item 10 b) and including a police clearance with the application.

Leading to . . .

If you haven’t been anywhere else (outside Canada) for more than 183 days … then you don’t need to submit a police check report. If you have, then you do. This is regardless of the country you were born, immigrated or you came from.

To be clear, as a general statement this is NOT accurate, in that the second sentence overly (and inaccurately) simplifies things, and the third sentence, the last, is simply not true.

Allowing it a generous interpretation, it would be accurate (albeit incomplete) ASSUMING it is limited to ONLY applicants applying for citizenship four years or more AFTER becoming a Canadian Permanent Resident.



OVERALL:

The primary question is NOT whether a police certificate needs to be included. The primary question is whether or not the applicant has spent 183 or more days in a row in another country during the FOUR (4) years prior to applying. If "No" is the proper answer, that is all that is needed in response to this item. If "Yes" is the proper answer, the country must be listed, and then the applicant can consider if any of the exceptions apply.

For anyone applying more than FOUR years after they became a Canadian PR, the only exception that might apply is the situation where a clearance cannot be obtained from the country.