Looking for Advice regarding Police Clearance for out of status

[csin123q1]

Background Story from post

Hello everyone. I would like to thank all those people who are on these forums and replying to the questions of thousands of people who are having troubles.
My situation as you might have guessed it is pretty dire. My boyfriend's visa and passport expired roughly 4 yrs ago but he did not go back and overstayed. I did not know about the situation at that time but when i did find out i was extremely distraught as i cannot think of being without him. We have visited some lawyers for advice on what the options are as to whether i can sponsor him inland and marry him.
I am not well versed in the laws and i have browsed these forums looking for any thread that would help me in this process. The lawyers said that it is possible for me to marry him and then apply for inland sponsorship but the problem being that he does not have a valid passport.
Is there anything that can be done at all or does he have to go back to his home country ( India ) and do we start the process from there. In any case how will he get a passport to travel from Canada to India if that is the last resort since he does not have a valid visa to apply for the passport renewal.
Please if anyone can provide any information , i will REALLY appreciate it . At this point i am at a total loss of what to do and i do not want to contact the Indian Consulate in fear that it might cause problems.

So that is the background story. Fast forward to now. We have been successfully married. Received the marriage certificate. Got a immigration consultant to start filing everything. When we are about to go and confirm the final papers and submit the application the immigration consultant asks us that we are required to have a police clearance from Canada to start the application. When we first went to the firm we had made it clear regarding lack of ID and no status. So now we are in so much stress and do not know what to do.... .
I have called the Indian Consulate and they confirmed that to need his passport they would require a letter from Refugee Board stating he has not applied for refugee status and another from CIC to confirm he is not a canadian citizen. Doing further research we found out that once we receive the intial reference number from CIC when the application is filed, we can show that to acquire a immediate passport ( validity of 1 yr) .
Now to the current problem at hand, which is the police check. I called Toronto Police office and spoke to their call center(sorry if i am wrong). We said we just have a birth certificate, marriage certificate and expired passport. After some thinking the lady on the other side said it should not be a problem and we can come in to get the police clearance. This worries us a lot since as you know its the police and we are terrified as to what can happen if we just show up at the police station for it ( i do not intend to allow him to go there just in case...) .
TLD: Applying for Inland spousal. Boyfriend ( now husband ) has no status or id(expired passport , birth certificate and marriage certificate . None of which are valid ID's as far as i know.) . Can get passport once reference number is received. Need to get Police Clearance to get the application started.

IF anyone can provide any insight regarding this please do help. Currently at a loss for solutions . We are still trying hard to find a way. Thank you all.

 

[canuck_in_uk]

A Canadian PCC is NOT required. This is stated right on CIC's website. If CIC wants one, they will request it later on.

If you are referring to the Indian PCC, the app can be submitted without it. Include a letter of explanation that you will send it in as soon as you get it.

Tell the consultant to submit the app now.

 

[csin123q1]

Thank you sir. First of all you have given me hope. You cannot understand how that feels . Thanks so much.
This is inland sponsorship. Are you sure regarding that Not questioning you . Just because when the consultant showed us the file in the checklist it says PC should be submitted. If that isn't the case i will email her right away. He doesnt require Indian PCC since he was here when he was 17.

 

[TANMEX]

Thank you sir. First of all you have given me hope. You cannot understand how that feels . Thanks so much.
This is inland sponsorship. Are you sure regarding that Not questioning you . Just because when the consultant showed us the file in the checklist it says PC should be submitted. If that isn't the case i will email her right away. He doesnt require Indian PCC since he was here when he was 17.

Indian PCC is required upfront for Inland , Canada PCC not required untill they ask for it later on , chances are they won't ask for it .

 

[csin123q1]

Indian PCC is required upfront for Inland , Canada PCC not required untill they ask for it later on , chances are they won't ask for it .

Thank you sir. Indian is required even if he came to Canada when he was 17?

 

[TANMEX]

Thank you sir. Indian is required even if he came to Canada when he was 17?

you have to check your country's guide , I think it's not required for people under 18 . But double check .

 

[Aquakitty]

Thank you sir. Indian is required even if he came to Canada when he was 17?

I'll give the consultant the benefit of the doubt, perhaps because he was under the age of majority when he arrived in Canada and has been here for 4 years, the consultant thinks it might be a good idea to include one.

However, they are wrong, you do NOT have to provide a Canadian PCC up front. It's a good idea to read the instruction guides even though you are using a consultant.

Police certificates

You and your family members who are 18 years of age and older and are not permanent residents or Canadian citizens must provide a valid police certificate for each country other than Canada, in which you have spent six or more months since the age of 18.

Note: If you or your family members were under 18 years of age (16 years of age in certain jurisdictions) for the entire time you lived in a particular country, you do not need to provide a police certificate for that country.

I don't know which jurisdictions they are referring to here. Have to check that out because he might need an Indian PCC if that's one of these special jurisdictions.

 

[csin123q1]

I'll give the consultant the benefit of the doubt, perhaps because he was under the age of majority when he arrived in Canada and has been here for 4 years, the consultant thinks it might be a good idea to include one.

However, they are wrong, you do NOT have to provide a Canadian PCC up front. It's a good idea to read the instruction guides even though you are using a consultant.

Police certificates

You and your family members who are 18 years of age and older and are not permanent residents or Canadian citizens must provide a valid police certificate for each country other than Canada, in which you have spent six or more months since the age of 18.

Note: If you or your family members were under 18 years of age (16 years of age in certain jurisdictions) for the entire time you lived in a particular country, you do not need to provide a police certificate for that country.

I don't know which jurisdictions they are referring to here. Have to check that out because he might need an Indian PCC if that's one of these special jurisdictions.

That line is exactly what we talked with the consultant for like 20 min. She was adamant however. In the end it is our decision but i wanted to clarify before we do anything rash. We always trusted these forums since people provide amazing advice and their reasonings along with it. Thank you so much. Really excited and worried to start this process .

 

[canuck_in_uk]

Thank you sir. Indian is required even if he came to Canada when he was 17?

No, an Indian PCC is not required in that situation.


For the Canadian PCC, see here http://www.cic.gc.ca/english/information/security/police-cert/north-america/canada.asp.

How to get a police certificate - Canada

Do I need to provide a Police Certificate with my Application for Permanent Residence? No

 

[csin123q1]

No, an Indian PCC is not required in that situation.


For the Canadian PCC, see here http://www.cic.gc.ca/english/information/security/police-cert/north-america/canada.asp.

How to get a police certificate - Canada

Do I need to provide a Police Certificate with my Application for Permanent Residence? No

Seems everyone has the same thoughts . Its encouraging to say the least. Does that rule apply to all sponsorships? Regardless of whether it is under Family class spousal inland? The consultant really confused me stating that since our case is family sponsorship we require to have the PCC from Canada since he has been here for all his life since 17 .

 

[canuck_in_uk]

Seems everyone has the same thoughts . Its encouraging to say the least. Does that rule apply to all sponsorships? Regardless of whether it is under Family class spousal inland? The consultant really confused me stating that since our case is family sponsorship we require to have the PCC from Canada since he has been here for all his life since 17 .

It applies to EVERY single PR application.

 

[Aquakitty]

If under 17's required a Canadian PCC, it'd say so in the guide. The guide is the only consultant most people need.


And, if we're all wrong or CIC decides they want it, the worst that would happen is they'd send a doc request. They won't just deny him over it. And by then maybe he'd have his passport.

 

[csin123q1]

If under 17's required a Canadian PCC, it'd say so in the guide. The guide is the only consultant most people need.


And, if we're all wrong or CIC decides they want it, the worst that would happen is they'd send a doc request. They won't just deny him over it. And by then maybe he'd have his passport.

Did not mean to offend anyone. I am certain that what everyone has said is right and i will be going through with the application tommorrow morning. I would like to thank everyone for their help and advice. I will update the post so if someone has similar issues in the future it might be a help. Hopefully everything goes well.

 

[bk2001050]

I can guarantee that he will be asked for a Police Clearance Certificate from India. I came her when I was 17 as well and was still a minor when I landed and havent left since then. They just asked me two moths ago to send in my Police Clearance which I did. If you do get asked and cant obtain it(I dont see why you wouldnt be able to its fairly easy to obtain if his passport is renewed by then) you could write a letter asking them to waive this requirement saying that he was a minor upon entry and hasnt left since. Also send date of entry stamps on his passport.

 

[profiler]

Wanted to check; PCC in Canada isn't that easy for CIC to "acquire" grom RCMP without additional paperwork?