Do we need an RCMP background check?

[rbkrzmarcik]

Hi there,

I am sponsoring my husband for Permanent residency outside canada. He is a US citizen. We've been waiting 19 months and they are now asking for more information. Due to a petty misdemeanor (theft of a CD over 5 years ago with no other convictions) we are now being asking to apply for rehabilitation. He was fined, appeared in court to pay the fine and it was done. We understand that but not sure what they are asking for in their letter.
I'm hoping someone could help us with these questions....

1) What is a certificate of rehabilitation?

2) They are asking for: Police Certificate from every country/state you have lived in since you were 18. We are just waiting on a new FBI and have all of the state certificates. Question being, do we need one from the RCMP as well? He has had a temporary resident permit since September of 2012 when we decided to stay together up here in Canada while we wait so he technically hasn't had an address in the US (besides his PO box for mail) for longer than 6 months. However he's only a visitor. Do we need and RCMP record?

3) If so, any indications from anyone as to how long this takes? Immigration is only giving us 120 days to gather all of the information and from what I read, we would not get that back within that time. Do we just send to Immigration what we have and proof that we've submitted for that request from RCMP and are just waiting?

Thanks!

 

[LeisaP]

Just out of curiosity, is this misdemanor on his criminal record? Or was it erased when he paid the fine?

 

[tink23]

Hi there,

I am sponsoring my husband for Permanent residency outside canada. He is a US citizen. We've been waiting 19 months and they are now asking for more information. Due to a petty misdemeanor (theft of a CD over 5 years ago with no other convictions) we are now being asking to apply for rehabilitation. He was fined, appeared in court to pay the fine and it was done. We understand that but not sure what they are asking for in their letter.
I'm hoping someone could help us with these questions....

1) What is a certificate of rehabilitation?

2) They are asking for: Police Certificate from every country/state you have lived in since you were 18. We are just waiting on a new FBI and have all of the state certificates. Question being, do we need one from the RCMP as well? He has had a temporary resident permit since September of 2012 when we decided to stay together up here in Canada while we wait so he technically hasn't had an address in the US (besides his PO box for mail) for longer than 6 months. However he's only a visitor. Do we need and RCMP record?

3) If so, any indications from anyone as to how long this takes? Immigration is only giving us 120 days to gather all of the information and from what I read, we would not get that back within that time. Do we just send to Immigration what we have and proof that we've submitted for that request from RCMP and are just waiting?

Thanks!

It's my understanding that you don't need to apply for an RCMP certificate as CIC is able to do their own criminal searches for Canada. I'm not 100% certain though about this.

 

[rbkrzmarcik]

Well to be honest, it must have been erased.
When we gathered the information at the beginning of the process we submitted the FBI check and it showed nothing of the conviction. However on the application they still ask if there were any convictions so we were truthful and put it down. Then they asked for the court documents in Feb 2012 which we sent and it stated the offense that that it was paid off.

Crazy thing is now a year later they're asking for more information (why didn't they ask a year ago??) and then we got the new FBI check (clear) and we got the background check from Minnesota (where the conviction was from) and nothing showed up on there either! It said he had no record. So perhaps after he paid the fine, it was wiped but we still had to declare it and now it's causing so many problems.

We're meeting with our MP on Friday to try to get some help but now we're afraid the application for rehabilitation will take another year.

 

[tink23]

Well to be honest, it must have been erased.
When we gathered the information at the beginning of the process we submitted the FBI check and it showed nothing of the conviction. However on the application they still ask if there were any convictions so we were truthful and put it down. Then they asked for the court documents in Feb 2012 which we sent and it stated the offense that that it was paid off.

Crazy thing is now a year later they're asking for more information (why didn't they ask a year ago??) and then we got the new FBI check (clear) and we got the background check from Minnesota (where the conviction was from) and nothing showed up on there either! It said he had no record. So perhaps after he paid the fine, it was wiped but we still had to declare it and now it's causing so many problems.

We're meeting with our MP on Friday to try to get some help but now we're afraid the application for rehabilitation will take another year.

Hopefully for such a small crime that isn't even on the police certificate they will end up cancelling the request for rehabilitation. I really don't have experience with this though and don't know too much about it. I hope the process is swift for you from here on out. Good luck with everything.

 

[LeisaP]

Wow. That seems so weird.
Now we are worried. My husband was caught stealing a pair of jeans in 2009 and he did community service and it was erased from his record.( No other convictions either)
But they still. Asked us for the rcmp(it happened inside canada) and the rcmp showed up clean. Than they asked us for court documents showing they he got community service, he finished it and the case was never repened. So we sent that 4 weeks ago. I thought this would be all over now.

But now im worried they will ask him for rehabilitation too :S for something so small!

 

[papirico]

Stealing is stealing and illegal. No matter how small it is and worse, if you are busted doing it.

 

[LeisaP]

Stealing is stealing and illegal. No matter how small it is and worse, if you are busted doing it.

Well technically thats not true. Because regardless of getting theft under 5,000 there are different sentences.
If u get alternative measures as my husband did he got community servive which is no conviction and no record.

But if u pay a fine or get probation that is a conviction and is taken more seriously.

 

[Luckyman]

I'd assume RCMP is only needed if the applicant has actually been in Canada?

 

[LeisaP]

I'd assume RCMP is only needed if the applicant has actually been in Canada?

Yes thats correct.
And even if they were in canada not everyone gets asked for it. They initially do an internal name search and if it comes up that u had ur prints taken while in canada for some reason, or there is a name discrepancy. Then they will ask you to submit a full rcmp clearance. Otherwise the internal one is sufficient.

 

[rbkrzmarcik]

Does anyone know if the application for rehabilitation will take an additional year on top of spousal sponsorship?

We submitted our spousal application September 2011 to Buffalo and now it is in LA and now need to apply for rehabilitation. Seeing as it has already been in review for 19 months, will the application for rehabilitation take another year or would it be approved in the same visa office and by the same officers to reduce double duty?

Not sure if I'm asking that right but just concerned about timelines. At this point, we were expecting 8-10 months given the original timelines so what's another year right?

 

[user828]

RCMP is done by CIC, they ask for "RCMP Screening" and results come back as RCMP - No Reportable Trace ( for clean files )

 

[LeisaP]

RCMP is done by CIC, they ask for "RCMP Screening" and results come back as RCMP - No Reportable Trace ( for clean files )

But if u had ur fingerprints taken they will ask for a full clearance even on a clean file.

My husbands rcmp is clean and he had his prints taken so they still asked for it.

A friend of ours her husband was a failed refugee and overstayed so they arrested him took his prints and deported him. He had to get an rcmp done aswell even though his record was clean just cuz they had taken his prints before deporting him.

 

[Nitzan900]

But if u had ur fingerprints taken they will ask for a full clearance even on a clean file.

My husbands rcmp is clean and he had his prints taken so they still asked for it.

A friend of ours her husband was a failed refugee and overstayed so they arrested him took his prints and deported him. He had to get an rcmp done aswell even though his record was clean just cuz they had taken his prints before deporting him.

thats my case also.. i got exclusion order and got my fingerprints when i got arrested in canada.. its been now over a year i can go back but im waiting for RCMP now over 120 days to finish my application as PR... so annoying it takes so long

 

[LeisaP]

thats my case also.. i got exclusion order and got my fingerprints when i got arrested in canada.. its been now over a year i can go back but im waiting for RCMP now over 120 days to finish my application as PR... so annoying it takes so long

Yes! It does take forever! We were lucky to find a company in ottawa that expediates the process for u. So we got our clearance back in 2 weeks rather than 3 months. But even so when we sent the rcmp into the embassy it took them nearly 2 months just to process it. Very frustrating!!