Is PCC from india required?

[noblejn]

Hello All,

Please help with this query.

My wife became PR on September 25, 2021
She became eligible to apply for citizenship on Nov 19, 2024. (Completing 1095 days as PR)

She travelled to India twice during these three years. First time for 21 days and second for days.

As per the citizenship requirements you need to provide PCC, if you stayed in a country for more than six months in last four years?

Since she was in India before becoming PR on September 2021, does she need to provide PCC? I have read contradictory statements in some posts.

Thanks in advance!

 

[tuhadapeo]

I think you answered your own question. eligibility period is nov 19 2020 to nov 19 2024, the time from Nov 2020 to Sept 2021 falls within eligibility period so yes a pcc is needed.

 

[armoured]

Since she was in India before becoming PR on September 2021, does she need to provide PCC? I have read contradictory statements in some posts.

The instructions say that "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, - this time falls within the past 4 years."*

I read this as saying that you technically do not need to provide, and you can provide this reason in the box explaining why. But there may be other readings of it - it's a bit ambiguous when you read the examples.

BUT: I have not heard many report experiences with this particular point. It's possible it may take longer, and it's possible they will request the PCC later.

We recently faced this for a family member - in the end, we got a PCC and submitted with the application. Partly this was because the young adult hadn't submitted a PCC when became a PR (was underage), and just to avoid any complication. (And it was relatively easy to get a PCC)


*This was from the instructions here: 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

 

[noblejn]

I think you answered your own question. eligibility period is nov 19 2020 to nov 19 2024, the time from Nov 2020 to Sept 2021 falls within eligibility period so yes a pcc is needed.

Thanks for the answer.
However the instructions also say the following


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 year

 

[noblejn]

The example says


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.

so does that mean if she travelled to home country after getting PR, pcc would be required? It is not clear if by travelling they mean they spend 183 days or more during
that trip

 

[armoured]

The example says


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.

so does that mean if she travelled to home country after getting PR, pcc would be required? It is not clear if by travelling they mean they spend 183 days or more during
that trip

There are two things in this example that make this ambiguous here as it would apply to your case:
-it is not clear if France is the country of origin/passport or just a country where the person resided prior to immigrating; and,
-yes, this person did not return to France in the intervening time.

(We chose ot get the PCC in our case here partly because of this (the young adult did make a short trip to country of origin after becoming a PR and also because it said 'you would need to provide a police certificate from France if you did not provide one with your immigration application', and our case did not provide a PCC prior to landing).

So this could go either way - it's not clear, as it does not specifically say that you need to provide if you returned to home country and stayed less than 183 days.

Again, my suggestion, if it is not difficult to get the PCC, get it and submit. If it is difficult and you decide to submit anyway, well, we get to see what happens.