chabha said:While going through all the discussions, it prompted me to check the sections of the Bill C-24 which related with the prohibitions. I believe you would agree that s. 22 talks about all the prohibitions which would bar a person to take the oath for citizenship. Now going through the entire section, it doesn't say anywhere about the 183 days prohibition.
I then started wondering what is prompting everyone to relate that the new condition to submit the police certificate from the country where you are living is a "prohibition". So, I gathered that since everyone is referring to this new form CIT 0002 for adults which makes it a requirement to submit the police certificate, if the applicant has been to a country more than 180 days , cumulative, than he or she should produce the police certificate of that country. Question no. 8 (k) specifically demands you to answer if you have lived over six months, if yes, please provide with a police certificate.
Now my argument is that if it was really a "prohibition", that would have been specifically mentioned in the s.22 of the act, as all other prohibitions are mentioned, in almost same order, as mentioned on the form. So 8(k) is the only prohibition, which is missing from the section, where it should have been in the Act. This physical presence requirement is actually talked in s. 5(1)(ii) of the act where all other major eligibility "conditions" about applying for citizenship has been mentioned.
Here is my deduction, and I have evidence to support, if you remember there were talks of inconsistency in the earlier version of the citizenship application form, few questions were placed with different sections. Also, almost everyone was not clear that if the old form talked about the details about the workplace and job, but then how was it that the check-list never required the work related documents such as T4, pay stubs etc. In another way, some questions were vaguely written or at least the language was little ambiguous, so there were lot of questions in the applicants mind or confusion, while filling the earlier version of the form.
I think the same is the case with this 8(k) in this new form. To me 8(k) should have a separate question, apart from prohibitions. My logical guess, is that it has wrongly been placed with the prohibitions, it is actually a condition which if it is applicable to an applicant, than he is obliged to provide the police certificate or else just answer as “No” , if that does not apply to him. Placing it within the question 8 in prohibition section of the form, has made everyone feel as if this "requirement" is actually a "prohibition".
Not really. What emerged from the reports is that the form to be signed, before taking the oath, now is very similar to the form many of us signed last year, except that it now lists and refers to the expanded version of the prohibitions. Signing the form affirms that none of the prohibitions apply to the applicant. This is a conclusion, an affirmation by the applicant that the applicants knows and understands the prohibitions sufficiently to affirm that none apply to him or her.chabha said:Since, some of the members in discussion have already affirmed that there is no such question about “living outside Canada for more than six months” in the form needed to sign before taking citizenship test and oath, this confirms the theory that it was placed wrongly in the new application form. The questions asked on the form relates exactly to prohibitions as mentioned in s.22 of the act. This eligibility condition would be applicable to all applicants who applied since June 11.
Absolutely, there are many reasons why someone's oath might bet held up at the last moment, even some which are unrelated to the individual applicant.chabha said:Also, if someone's oath is held up at the last moment than there could be so many different reasons, perhaps some security concern, or mismatch of travel dated found later etc. No one can really say with surety about that situation.
Perhaps, it is too early to say with certainty, I feel there will be some update of the application form soon.
I will repeat part of this for emphasis:dpenabill said:Obviously I agree with the suggestion to consult with a lawyer, as I too have repeatedly suggested consultation with a lawyer.
. . .
The OP's friend, apparently, did obtain the advice of a lawyer . . . but . . .
To be clear: this is about a form that is to be signed immediately prior to taking the oath, and we do not know the precise content of that form. The precise language in the form is undisclosed here, but what that is makes all the difference.
Assuming the OP's friend consulted with a lawyer in a professional setting, so that the lawyer reviewed the relevant documents not just the OP's description, and that lawyer also is familiar with the form to be signed, the lawyer's conclusion, "this is not a problem," seems to resolve the issue for the OP's friend.
That answers the OP's original query, that is, the question: is this an "offence" which will stop the OP's friend from getting citizenship? and the answer is no.
Unfortunately, however, that does not illuminate whether the OP's friend has to disclose the ME matter in the form, the answer to which depends as much on what the form asks as it does whether the foreign case would constitute a prohibition.
In particular, it warrants remembering that having to disclose a matter does not mean that matter is necessarily a prohibition. The current application, for example, clearly, unequivocally requires applicants to disclose "foreign offences," not just those foreign offences which will constitute a prohibition.
Thus, for example, for another PR with a similar ME matter, a property default with an open ME country criminal case pending, who is filling out the current citizenship application form, a lawyer would likewise advise: this is a civil matter . . . not a problem. But also still advise the applying-PR that it should be disclosed in Item 8 (for prohibitions), marking "yes" for an offence abroad, and then giving details in the box, and including relevant documents with the application. Thus, if the foreign offence would constitute a civil matter in Canada, CIC should examine and assess the relevant information and conclude it is no problem . . . NOT a prohibition.
That is, confirming the lawyer's advice that it is a civil matter (in Canada) and thus NOT a problem . . . even though it needs to be disclosed.
What the current pre-oath form requires?
I do not know what the current pre-oath form requires. I would like to see someone who is taking the oath, or who has taken the oath since June 11, clearly state what the current affirmation of no prohibitions form actually says. We have seen some clearly erroneous accounts, such as that the form now requires all those taking the oath to affirm an intent to reside in Canada. But we have seen no reliable accounts of what the new form actually prescribes.
The language of the form matters; indeed, it makes all the difference.
As best I can recall, the form previously required the applicant to simply affirm the applicant knew and understood what the prohibitions are, and affirm there is no prohibition.
If the current form is similar to this, just referencing the expanded scope of prohibitions which took effect June 11 (expanded time frame plus inclusion of foreign offences), the applicant can sign the form affirming NO prohibitions despite the foreign offence, so long as the applicant is confident the foreign offence would not be an indictable offence if the same acts were allegedly committed in Canada.
In contrast, if CIC is sending a form to applicants who applied prior to June 11 asking them to, essentially, complete a new version of the section in the application for prohibitions, that is, to disclose any foreign offences and give details, then the applicant is indeed required to disclose the foreign offence (as characterized by the jurisdiction where the charge is made), and CIC will assess that to determine if it constitutes a prohibition.
There is some indication that the new form is NOT the latter.
See discussions [reference to discussion in this topic above]
It is still not clear from the exchanges there what is precisely in the new form affirming the absence of any prohibitions. However, since IN888658S is again scheduled for the oath, it appears that CIC is not sending a request to pre-June-11 applicants to disclose particular information . . . thus suggesting CIC is merely requiring an affirmation that the applicant knows and understands the current prohibitions and an affirmation that there are no prohibitions.
Thus, for the OP's friend, if a lawyer has confirmed that the foreign offence would be a civil matter in Canada, the OP's friend can sign the affirmation that there is no prohibition . . . despite a pending charge (or conviction) in a ME country for fraud based on a default in a property matter.
Caution: a couple reports here or there does not confirm what CIC is requiring, and what matters is what is in the paper put in front of the applicant. It is critical to always, always, always follow the instructions and respond appropriately to the paperwork and questions the individual himself or herself actually receives from CIC.
When you apply for citizenship? If this is your question, the application asks the applicant to disclose whether or not the applicant has spent six months or more, cumulative, in any particular country and to provide a police certificate for any such country. Thus, whether or not you will need to provide a police certificate for one or more of these three countries depends on how much time you have spent in the respective country . . . if more than six months in each of them, than all of them . . . if more than six months in one, but say only five months or less in the other two, then only that country in which you spent six months (total, over the full four years).Adil Khan123 said:Hello,
from past four years I have lived in United kingdom, pakistan and now in united arab emirates... do i need to collect 3 PCC from these three countries??
You need PCC for every country where you stayed 6 months or more in the last 6 years. Additionally, if you have criminal history abroad even staying just 1 day on such country you'd need PCC.Adil Khan123 said:Hello,
from past four years I have lived in United kingdom, pakistan and now in united arab emirates... do i need to collect 3 PCC from these three countries??
Happily the new prohibitions form doesn't ask if we spent 6 months or more in another countrydpenabill said:CAUTION:
Re prohibitions listed in form those scheduled for the oath must sign:
I have finally gotten a copy of the prohibitions form sent to those who are scheduled to take the oath.
Multiple participants in this forum have referred to the form in general terms without quoting its precise language. It is possible that there are various versions of the form and thus that the copy I have received is not the same as has been discussed by others in this topic and in other topics.
But I think the copy I have is the one being currently used by CIC generally: CIT 0039 (05-2015) E (French version is CIT 0039 F).
It is stated in discussions/posts above that the form only requires the applicant to affirm that "none of the prohibitions apply."
That glosses over some key language in the form. In particular, the form ends with a declaration, to be signed by the applicant, in which the applicant is required to "declare I am not described in any of the above listed prohibitions."
This is not a declaration that the applicant has read and understands the prohibitions, which are prescribed by Section 22 in the Citizenship Act. This is a declaration that none of the fourteen listed items in the form describe the applicant.
Note, for example, the following items:
1. Are you now, or have ever been in the last 6 years:
-- On probation?
-- On parole?
-- An inmate of a penitentiary, jail, reformatory, or prison?
4. Are you now charged with, on trial for, or subject to or a party to an appeal relating to, an offence outside Canada?
14. In the past 4 year, have you been convicted of an offence outside Canada, regardless of whether you were pardoned or otherwise granted amnesty for the offence?
All three of these is significantly more broad than the prohibitions prescribed by statute. Indeed, there are many potential instances in which the true answer to these questions would be "yes" but the reason for the yes does NOT constitute a prohibition.
The obvious example, often discussed example, is an offence abroad that would be a summary offence if committed in Canada, or perhaps even a mere civil matter if it occurred in Canada. If there was a conviction for that offence abroad, "yes" is the truthful answer to item 14. If such a charge has been made and is still pending, "yes" is the truthful answer to item 4.
Additionally, the applicant who had been on probation imposed by a foreign court for a minor offence which took place more than four years previous, but was technically on probation within the previous six years, would have to acknowledge that item 1 in this list describes him or her.
Thus, an applicant is obligated to not falsely declare he or she is "not described" in the listed prohibitions if the applicant was on probation five years ago, as imposed by a foreign court for, say, a minor offence (item 1); if the applicant has a charge pending abroad for what would be a summary offence in Canada or even a mere civil matter in Canada (item 4); or has been convicted outside Canada for what would be a summary offence in Canada or even a mere civil matter in Canada (item 14) . . . Even though none of these would constitute a prohibition pursuant to section 22 of the Citizenship Act.
Note that above I said:
And it clarifies things for the OP of this topic: no need to declare the ME charge that would constitute a civil matter in Canada, since it is not a prohibition, and all the OP needs to do is affirm that there are no prohibitions.
This was in response to the description of the form stating that it requires the applicant to affirm the applicant is not subject to any of the prohibitions.
In fact, in a subsequent post I further clarified:
Thus, it appears (based on your report) that most pre-June-11-applicants will only be required to affirm the conclusion that there are no prohibitions, rather than checking off yes or no to a list like that in the application. The difference, a significant difference, is that for applicants with a ME property default charge, for example, the application now requires checking off "yes" and including details, and then CIC evaluates the foreign charge to determine if it is for acts which would be an indictable offence in Canada. In contrast, the form only requires the applicant to affirm there are no prohibitions, so knowing that the ME charge would be a civil matter in Canada, that allows the applicant to affirm the absence of any prohibitions without further declarations as to the ME property default charge. (The former could easily lead to significant delays, if required at a later stage in the process; so this is important for some applicants.)
Wrong. That analysis, by me, was wrong.
It was wrong because I was relying on a description of the form which was less than illuminating.
Here and in other discussions of this issue I have repeatedly emphasized that the precise language in the form is what matters.
See, for example, the following which I posted in another topic related to this issue:
I will repeat part of this for emphasis:
What the current pre-oath form requires?
I do not know what the current pre-oath form requires. I would like to see someone who is taking the oath, or who has taken the oath since June 11, clearly state what the current affirmation of no prohibitions form actually says. We have seen some clearly erroneous accounts, such as that the form now requires all those taking the oath to affirm an intent to reside in Canada. But we have seen no reliable accounts of what the new form actually prescribes.
The language of the form matters; indeed, it makes all the difference.
Now we do know. And the applicant cannot just conclude he or she is not subject to any of the statutory prohibitions . . . but must make a far broader declaration.
To be clear: the form requires the applicant to declare:
"I declare I am not described in any of the above listed prohibitions.
And that list is far broader than what is listed as prohibitions in section 22 of the Citizenship Act . . . so no, an applicant cannot go ahead and sign the declaration and later claim he or she knew there was no prohibition applicable to him or her and so signed it . . . even though an item in the form's list did describe him or her. And yes, CIC can demand applicants disclose information related to prohibitions which is broader than the prohibitions themselves.
If the applicant falsely declares this, the applicant is warned, citizenship "can be taken away (revoked)."
I understand why CIC is doing this. I do not understand why so many of those (at least several participants in this forum) who have actually been scheduled for the oath and who have received this form, who have asked questions related to this issue, who should very well know what it states (they have the actual form), have not been forthcoming about the language of the declaration itself . . . which again is the critical language.
No! Four years! Big, big, big difference!neutral said:You need PCC for every country where you stayed 6 months or more in the last 6 years. Additionally, if you have criminal history abroad even staying just 1 day on such country you'd need PCC.
this is crazyABscientist said:I got an extra piece of paper saying that the new laws prohibit anyone from ecoming a citizen if:
1. They have *any* convicted crime from *any* country, even if they have been pardoned.
2 .... usual yada yada
...
This requirement is probably to satisfy that first point.
avro1959 said:dpenabill and manianz47, I really appreciate your insights on this. I wasn't aware this was a new requirement for Citizenship applications. I'm curious to see how they intend to screen for this.
My first worry that comes to mind is whether South Korea would actually be able to provide a Police Certificate considering I have not actually resided in South Korea. From looking at the process, it seems like I need to provide a copy of my Korean Identification when making the request. I have no such document so if the Korean Embassy is unable to provide a police certificate, I guess I'm going to have to enclose an explanatory letter and hope that CIC accepts it.
Is it actually fair that criminal conduct abroad is considered a prohibition? Does CIC do some kind of equivalency test to check if the crime abroad is also a crime in Canada? For example in Ireland, all traffic violations are criminal offenses. I hope someone isn't being barred from citizenship because of an unpaid parking fine.
Also consider the case of countries that lack fair trials altogether where you could be convicted without sufficient evidence.
In this case, it would make more sense if CIC did not add the "cumulative" phrase if they're trying to determine ties to foreign countries. Generally if people have significant ties to foreign countries, they spend really long periods of time outside Canada.
It's hard enough that days outside Canada for genuine reasons can't be counted towards citizenship, and now we're having to prove lack of foreign ties even when we've been resident in Canada throughout! I've been a PR since 2010, worked for a Canadian company since then, paying ridiculously high Canadian taxes, and through the misfortune of being in a profession (manufacturing engineering) that requires frequent travel to countries where manufacturing takes place (Korea, China, etc), I'm being penalized with an ever-so-elusive citizenship that is still at least 2.5 to 3 years away for me because of said absences.
Apologies for the rant at the end, but thanks again for clarifying the situation !!
No..in that case, PCC is not required. I remember a similar scenario for one of my friends and was processed without any further docs required.square111 said:I have a question related to this topic on the following scenario:
An individual was absent for less than 6 months in the last 4 years. However, one of the absence windows was more than 6 months with only a month falling within the last 4 years. Is that person required to provide a Police Certificate?
Date of Application: Jul-2016
Absence: Jan 2012 to Jul 2012 (Total 7 months absence with only 1 month absence within last 4 years)
Absence: July 2013 to Aug 2013 (2 months' absence)
Total absence within 4 years before date of application : 3 months
taffytoffy, this is extremely helpful, thank you for going through the effort of documenting the process!!taffytoffy said:You do not need a copy of your Korea ID (which I believe you turned it in at the airport when you last left Korea). You only need copy of your passport as identity. As for Korea embasssy, I'm not sure your case but for me and many others, the Korean embassy isn't able to issue the correct certificate that CIC requires (they issue another one instead).
As someone who successfully got my Korean Police certificate, I suggest you to refer to my blog with a Step-to-step guide on how to correctly get Korea PC. I also put the relevant forms on my blog for you to download.
taffytoffy.wordpress.com/2016/11/17/korea-police-certificate-a-step-by-step-guide-%E9%9F%A9%E5%9B%BD%E6%97%A0%E7%8A%AF%E7%BD%AA%E8%AF%81%E6%98%8E/
(copy and paste the link to browser)
To note, if you live outside Korea, you have to ask your friend in Korea to represent you.