Yes in fact you are not required to submit any PCC from Canada for both applicant as well as sponsor. Its also mentioned somewhere on CIC's website. In the second stage of assesment, CIC does background and security checks on their own independently, where they request data from RCMP, CSIS/CSEC, Interpol if need be. Hence there is no need to submit Canadian PCC. They only ask for home country in these cases because it is impossible for them to obtain those on their own.profiler said:
Looking for Advice regarding Police Clearance for out of status
- Thread starter csin123q1
- Start date
@canuck_in_uk A PCC will be requested by CIC at a later date, perhaps a year from now. I know because I just received the same request even though I was 17 when I came here. The wording on the website for PCC requirement is ambiguous but the letter I received states the following:canuck_in_uk said:
Police Certificates for you and your dependents for each country that you have resided in for at least 6 months or more since the age of 18 OR FOR THE LAST TEN YEARS, WHICHEVER COMES FIRST. In his case it will be for the last ten years. As per our records, you have not submitted certificates for the following country: India.
I had 60 days to submit it. Remember even with a valid passport it takes about 4-6 weeks to receive a PCC from India and they have to be dated within 3 months of the date of the application or the letter that you get asking for them.
The letter also states and I have done independent research in the IRPA(Immigration and Refugee Protection Act) to confirm this: The onus is upon you to satisfy the Immigration officer that you not criminally
inadmissible under this category. Failure to submit the documents might result in the rejection of your application.
Also I can confirm that they can reject you based on the fact that he doesn't have a valid passport and isn't able to obtain one in a timely manner even if your relationship is genuine. The Ottawa federal court has set a precedent in this matter. See the federal court case Rakheja versus Canada for reference here http://caselaw.canada.globe24h.com/0/0/federal/federal-court-of-canada/2009/06/15/rakheja-v-canada-citizenship-and-immigration-2009-fc-633.shtml
Remember that a genuine relationship is not enough for this category. There are other loopholes they can get you on like failure to convince the officer of criminal inadmissability as well as failure to procure a valid travel document.
Personally since your case is complicated as is,
The officer made a mistake in requesting one from you if you were only 17 when you left. Applicants are not required to provide PCCs from when they were minors.bk2001050 said:
You are misunderstanding the wording of "since the age of 18 or for the last 10 years, whichever comes first". Basically, it means that a person needs to start counting back from their current age and stop at whichever option they hit first. For example, a 24 year old would start counting back and hit 18 years old first, so she would stop there. A 34 year old would count back and hit the 10 year mark first, so she would stop there.
You are absolutely right and I thought so at the time time as well I did google this and also try to find legal definitions in this case and all I came up with was that whichever comes first means in a chronological timeline whichever came earlier....which in this case is ten years. Secondly there have been several cases of criminality in India as well as in Canada that were committed by minors under 18 but the accused have been tried as over 18 because of the seriousness of the case and have gone on their criminal record forever despite their age.canuck_in_uk said:
Finally, given the circumstances of her case, her hubby being out of status for so long, even after passport expiry etc., he has displayed a strong affinity towards Canada and to stay here no matter what etc. this is why I would urge her to give them whatever documentation they require, just so it doesnt trigger an inland interview. An interview would be really bad in their case.
I'm out of status for about a month after applying for restoration and being denied. I'm trying to submit my sponsorship application ASAP. I've been here for more than 6 months and according to the the most recent document checklist a PCC is needed for "The country where you (or they) currently live, if you have lived there for 6 months or more."
I'm so scared to go to the police and get arrested/sent home. I don't know how to proceed.
I'm so scared to go to the police and get arrested/sent home. I don't know how to proceed.
hi. can you give us an update if you were able to secure a canadian police clearance?
Yes, i did not have to go a police station i did it through 3rd party. I gave my finger prints and recieved my PCC with in a weak.
How do you do biometrics for police clearance through a third party? sSame issue... expired passport. Since the pandemic the embassies are slow slow slooooowwwww and only reserved a slot for the next 2 months. Trying to accomplish the police clearance from my country though so I can submit Inland Spousal App. help
Sorry my file was submitted before december 2019 so biometrics was not needed that time. i just went to a third party n they took my finger prints for police clearance. i have no idea about biometrics.
By biometrics I meant fingerprints. again, asking what third party took your finger prints
Hey thanks man! My problem is I only have birth certificate and marriage certificate w me and my passport is expired (I have a confirmed appointment for next month) and I am worried that the fingerprinting will ask for valid PR card or valid passport
No problem, but I had valid passport. You can call the fingerprint agencies and ask them which ID is acceptable. If you dont have driving licence and you live in ontario.you can get ontario photo id.You only need birth certificate or marriage certificate or passport for it. I hope it works out for you, good luck!