Police checks and visitor visa status - Help please!

[Aroundtown22]

Hello again all,

We're progressing our situation and have decided to wed in the near future. My girlfriend (dutch citizen) obtained a 6 month visitor visa extension which expires on Sept 1st. The visa says that she must leave the country by that date and I was wondering if we submit the PR application prior to that date (she is currently in Canada and we plan to go the inland route) does the Sept 1st exit date cease to be an issue?


Secondly, we're trying to get all the documents together and we're working on the police checks right now. We're going down to the local police station to get the RCMP check done but I was reading on the CIC website about obtaining a police check for her from the Netherlands. It is a little confusing and says

"How and where do I obtain one?

If you live in the Netherlands
You should apply for a Certificate of Good Conduct (VOG) from the Ministry of Justice. Applications and further information can be downloaded from the Ministry of Justice's website: www.justitie.nl/themas/vog

You should mail the completed form to the Canadian Embassy, including a self-addressed envelope to:

Canadian Embassy
Immigration Section
Leipziger Platz 17
10117 Berlin
Germany

The embassy will sign and return the form to you. You should then submit the completed form to the local town hall (Gemeente) office to obtain the police certificate. Once obtained, the certificate should be included in the immigration/visa application package.

If you live outside the Netherlands
You may authorize a representative to obtain the VOG at the Populations/Public Affairs Department of the municipality where you were last registered prior to departure. The authorized person must present the completed application form, a letter of authority, a copy of your identity document and an identity document of the authorized person, with the applicable fees.

The Embassy will sign and return the form to the applicant. The applicant should then take this form to the local town hall (Gemeente) office to obtain the police certificate. Once obtained, the certificate should be included in the immigration/visa application package."

Now I am a little confused because she was able to get the police certificate from the Dutch police without going through the Canadian embassy in Berlin. Was she supposed to go through the embassy to get the police record or does it matter?

Any help on either question is appreciated!

 

[Aroundtown22]

No one?

 

[Aradia]

Hello Aroundtown22,

I'm not an expert, but this is my "story" that might help. I'm in Canada as well with my canadian common-law partner and we went through an outland application while I was in Canada (with a lawyers help).
She doesn't have to leave if you maintain her Temporary Resident Status. You just need to re-apply 30 days before her extention would expire for a new extention, and she is fine!
I would recomend you the outland route, because one on my friend, who is going through inland is still waiting for her papers after nearly one and a half years. I've got my PR within 4 month (from sending the applications to receiving my PR card)!
About the "how to obtain" part... Immigration doesn't care how you get the police certificates... all they care about, that you have all of them, with the official english (or french) translations! For example, I needed one from Spain... I suppose to call my embassy in Madrid to get it. They told me I have to get it from somewhere else (they didn't know from where!!!) then I called up the Toronto embassy, they said, I need to give the power of attorney to someone, then a lawyer has to notarize it, then I have to send it to the Ministry of Justice of the province to seal it, then send it to Toronto, to legalize it... I did everything, and then Spain said, they don't need any of these papers, they just need and application for the clearance faxed to their office... So you can imagine how happy I was! These information that you have found about the clearance is just an option... All they care about is the certificate with the translation!
That's how we did it... I hope this could help!

Take care and I wish you guys good luck with everything!!!

 

[RobsLuv]

OK, first of all. If you marry before Sept 1st and you plan to apply via the inland process for her permanent residence, you need to include an application to extend her status in the same mailing envelope WITH the inland PR application, and be sure that both applications are received by CPC-Vegreville BEFORE her status expires. Include a copy of her current status document with the extension application! Most inland applicants use the "change of conditions", opting for an "initial work permit". The fee is $150. What happens is, by making sure the applications are received by CPC-V before her status expires (track the mailing and get delivery confirmation) she benefits from "implied status" to remain in Canada under the conditions of her current status document. (If she leaves Canada before her status is extended, she'll lose the implied status.) About 6-7 months after CPC-V receives the applications they will assess her for first stage approval, and if she proves to be eligible to apply as a spousal applicant, and you are an eligible sponsor, she will be granted her new temporary status - which, if you chose the work permit option, will cause them to issue her an open work permit so that she can go to work. The second stage of assessment for PR begins at that time and takes 6-12 months to complete before she's issued her permanent residence visa.

So that means you have to get your application stuff sorted out SOON, and you have to get married enough in advance of September 1st that you can at least provide proof of your marriage by way of a Record of Solemnization included with the application. You'll need to follow that with a certified copy of your marriage licence which you order from whomever records marriages in your Province. Your wife-to-be will need to undergo medical examination - which she can do at a Canadian DMP's office - and include proof of that with the PR application.

As far as the police checks - she shouldn't need to submit an RCMP clearance yet . . . although if you already have it, go ahead and include it. Typically CIC runs an RCMP name check first, and if there are any "hits" on the name, they follow up with a request for a fingerprint clearance. I thought that the inland application guide said not to get an RCMP clearance unless or until it was requested, but now I'm not finding that information in the guide. Anybody else??

As far as the Dutch certificate - I guess if you got it, even though you didn't go through the Embassy, it's okay. Just be sure it's actually what they need . . . it should be certification from the country's law enforcement agency verifying that she has no arrest record or criminal convictions.