Police Certificate?

[tertiaryworld]

Hi,

I have an Indian passport. I moved to Canada from the USA and has recently completed my 1095 days of stay in Canada. There were some vacations in India and USA, around 70 days overall. I applied for Canadian PR from the USA itself.

My questions are:
1. Is my country of origin USA in this case? I checked CoPR and it says Country of Residence(COR) as USA.

2. Do I need FBI clearance from the USA? I read the below and if my country of origin is USA then likely I wont need the FBI clearance. Please advise.

Source https://eservices.cic.gc.ca/rescalc/resCalcStartNew.do?lang=en

During the four (4) years immediately before the date of your application, if you spent 183 days or more in a row (since the age of 18) in a country (other than Canada), you must provide a police certificate from each country. If you were in your country of origin immediately prior to becoming a permanent resident and landing in Canada and this time falls within this four year period, you are NOT required to provide a police certificate. Please indicate this in the explanation box of the application form.

Thanks for your help!

 

[abbas.pasha]

Hi,

I have an Indian passport. I moved to Canada from the USA and has recently completed my 1095 days of stay in Canada. There were some vacations in India and USA, around 70 days overall. I applied for Canadian PR from the USA itself.

My questions are:
1. Is my country of origin USA in this case? I checked CoPR and it says Country of Residence(COR) as USA.

2. Do I need FBI clearance from the USA? I read the below and if my country of origin is USA then likely I wont need the FBI clearance. Please advise.

Source https://eservices.cic.gc.ca/rescalc/resCalcStartNew.do?lang=en

During the four (4) years immediately before the date of your application, if you spent 183 days or more in a row (since the age of 18) in a country (other than Canada), you must provide a police certificate from each country. If you were in your country of origin immediately prior to becoming a permanent resident and landing in Canada and this time falls within this four year period, you are NOT required to provide a police certificate. Please indicate this in the explanation box of the application form.

Thanks for your help!

Maybe this link explains better https://www.canada.ca/en/immigratio...der-subsection-5-1-adults-18-years-older.html

See the following examples to help you answer this question.

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.

Example 2
You became a permanent resident 3 years and 9 months ago. In the past 4 years, you lived in Brazil for 3 months (90 days) before you became a permanent resident and you returned to Brazil to visit family for 4 months (120 days) after you became a permanent resident. You would answer “No” to the question and you would not need to provide a police certificate from Brazil because you did not spend 183 days or more in a row in Brazil.

Example 3
In the past 4 years, you took 10 trips to the United States of America (USA). Each trip lasted 3 weeks, for a total of 210 days. You would answer “No” to the question and you would not need to provide a police certificate from the USA because you did not spend 183 days or more in a row in the USA.

Example 4
In the past 4 years, you travelled to Singapore four times for work. The first trip was for 30 days; the second trip was for 200 days; the third trip was for 60 days; and the fourth trip was for 120 days. While in Singapore, you took a trip to Malaysia (10 days) and Thailand (10 days). You would answer “Yes” to the question and you would need to provide a police certificate from Singapore because your second trip was more than 183 days in a row. You would not need to provide police certificates from Malaysia or Thailand.

Example 5
In the past 4 years, you took 1 trip to Europe where you visited Portugal (5 days), Spain (7 days), France (10 days), Belgium (3 days), Netherlands (3 days), Germany (21 days), Switzerland (7 days) and Italy (21 days). You took a second trip to Europe where you visited Ireland (14 days), Scotland (14 days) and England (21 days). You went to Germany for a business trip that lasted 60 days. The total time you were outside of Canada was 186 days but you were not in a single country for 183 days or more in a row. You would answer “No” to the question and you would not need to provide police certificates from any of the countries.

 

[dpenabill]

I have an Indian passport. I moved to Canada from the USA and has recently completed my 1095 days of stay in Canada. There were some vacations in India and USA, around 70 days overall. I applied for Canadian PR from the USA itself.

My questions are:
1. Is my country of origin USA in this case? I checked CoPR and it says Country of Residence(COR) as USA.

2. Do I need FBI clearance from the USA? I read the below and if my country of origin is USA then likely I wont need the FBI clearance. Please advise.

Source https://eservices.cic.gc.ca/rescalc/resCalcStartNew.do?lang=en

During the four (4) years immediately before the date of your application, if you spent 183 days or more in a row (since the age of 18) in a country (other than Canada), you must provide a police certificate from each country. If you were in your country of origin immediately prior to becoming a permanent resident and landing in Canada and this time falls within this four year period, you are NOT required to provide a police certificate. Please indicate this in the explanation box of the application form.

Overall:

It is not entirely clear, but it appears the U.S. is your country of origin based on that being the last country in which you resided before immigrating to Canada. So, the country of origin exemption for including a PCC could apply to you if you were in the U.S. for 183 days in a row during the four year period preceding the date you apply for citizenship, and that time was prior to when you landed and became a Canadian PR.

My understanding, however, is that you will still need to include a U.S. FBI clearance with the application since you have returned to the U.S. after you became a PR.

BUT not everyone agrees with this. Some interpret the country of origin exemption, which you quote from information in the physical presence calculator, to mean no PCC is needed for the country of origin if the 183 day period of time there was before landing and becoming a PR, EVEN if the PR returned to that country after landing.

My understanding is that Example 1, in the examples posted above by @abbas.pasha, illustrates how the country of origin exemption applies. In particular, as illustrated by Example 1, the exemption applies applies if:

-- the 183 days in a row in the other country (here that is the U.S.) were BEFORE the applicant became a PR, and​

-- the applicant did not return to that country AFTER becoming a PR, and​

-- the applicant had provided a PCC for that country during the process of becoming a Canadian PR​

As noted, not everyone agrees with this. Some believe it does not matter, for example, if the applicant returned to the country of origin after landing.

NOTE: if the applicant asserts the exemption in response to Question 10.b. in the application (referring to the country of origin as the explanation for not including a PCC, in the Question 10.b. chart), that will likely suffice to make a complete application (get through the completeness screening). Nonetheless, IRCC can ask for a PCC later in the process (IRCC can also ask for a PCC later in the process from an applicant who was not in another country for 183 days in a row). Hard to forecast what IRCC will do for any particular applicant.

Explanation:

For determining if a PCC needs to be included with the application, start with and focus on Question 10.b. in the citizenship application form, and the instructions for that question in the Guide for making a citizenship application. See Step 4 instructions for Question 10.b. in particular.

See https://www.canada.ca/en/immigratio...bsection-5-1-adults-18-years-older.html#Step4 and scroll down to the instructions for Question 10.

Those instructions include the five examples that @abbas.pasha quotes above. However, four of the five examples (examples 2 through 5) are about how to answer 10.b. itself, about determining whether the described scenarios are situations in which the applicant was in another country for 183 days in a row. Generally the applicant must include a PCC with the application if they check [Yes] for 10.b., yes meaning they were in another country for 183 days in a row.

Only Example 1 is about the country of origin exemption, but not everyone agrees that Example 1 actually is about the country of origin exemption. There is a current conversation precisely about this here: https://www.canadavisa.com/canada-i...ice-certificate-clearance-requirement.848487/