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Police Clearance because of long absence from Canada and few international trips

kimi_pat

Star Member
May 2, 2017
166
57
Hi everyone,

Hope you all are doing great and staying safe.

I have one query regarding police clearance certificate to apply for citizenship.


My Scenario –

  • Became PR in Nov,2017
  • Left Canada right after 10 days to spend some time in India and travel around because I quit my job so wanted to use that time for long term travel
  • I did some trips from India (in & out) in whole 2018.
  • I came back to Canada on Feb,2019. So I was out of Canada for 14 months.
  • I did my calculation and I spend around 193 days (not consecutive in a row though) in India during that time from Nov,2017 – Feb,2019
  • And I spend some time ranging from 5 days – 20 days in few different countries.

My question is – Do I need to get PCC from India to attach with my citizenship application?

Because it says –

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.

My Use caseI did not spend time in a row in India as I visited few countries. The most I spent in India in a row was 50 days. But the cumulative total is around 193 days during that absence from Canada.

Can you guys please advise if I should get PCC or I should be okay to get away with explanation?

I can also provide the details of my trips along with dates & destinations.

Any help or advice would be greatly appreciated. Thank you! Have a good one!
 

bellaluna

VIP Member
May 23, 2014
7,405
1,781
No.

Take a look here. Example 2 seems to be the closest to your situation:
https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/guide-0002-application-canadian-citizenship-under-subsection-5-1-adults-18-years-older.html#Step3


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.
 

kimi_pat

Star Member
May 2, 2017
166
57
Hi @bellaluna

Thanks for your response.

I am just worried because I will write India as First country I visited and will need to list all other countries in the reason box in the absence section in the presence calculator. So I am worried if the office may think the gap of around 15 months and not focus on the 'In' & 'Out' dates as it will just show 14 months break. So he may request for PCC from India? In that case, my file will be delayed and stuff. I just want to make it super smooth in first go.

Would appreciated your thoughts. Thank you!
 

kimi_pat

Star Member
May 2, 2017
166
57
Hi @bellaluna

I saw the below example the link provided that says similar scenario as mine, I just took trips from India instead of Canada.

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.
 

bellaluna

VIP Member
May 23, 2014
7,405
1,781
Hi @bellaluna

Thanks for your response.

I am just worried because I will write India as First country I visited and will need to list all other countries in the reason box in the absence section in the presence calculator. So I am worried if the office may think the gap of around 15 months and not focus on the 'In' & 'Out' dates as it will just show 14 months break. So he may request for PCC from India? In that case, my file will be delayed and stuff. I just want to make it super smooth in first go.

Would appreciated your thoughts. Thank you!
The officer knows how to read and comprehend so long as you fill the calculator correctly. They are trained well at their jobs. They will read the dates.
 

dpenabill

VIP Member
Apr 2, 2010
6,467
3,218
I am just worried because I will write India as First country I visited and will need to list all other countries in the reason box in the absence section in the presence calculator. So I am worried if the office may think the gap of around 15 months and not focus on the 'In' & 'Out' dates as it will just show 14 months break. So he may request for PCC from India? In that case, my file will be delayed and stuff. I just want to make it super smooth in first go.
It might be helpful to first focus on the difference between what is needed to make a complete application, and separately consider what can happen after the application is in process.


Clearance With Application:

Whether an applicant for citizenship will need to submit a clearance from this or that country WITH the APPLICATION depends on how the applicant answers the question about being in another country "for 183 days or more in a row." This is item 10.b) in the 10-2020 version of CIT 0002.

Obviously the applicant needs to truthfully answer that question. If the applicant checks the [No] box, the applicant does not need to submit a clearance from any country WITH the APPLICATION. Some of the examples in the instructions, including those referenced above, are intended to help applicants answer this question truthfully. Again, if the truthful answer is [NO] then a clearance does not need to be included with the application.

For purposes of the completeness screening, then, the checked [No] box suffices. The application will not be returned as incomplete even if a processing agent might compare information in the travel history and suspect the [No] answer was not truthful or correct, and that a clearance for a country should have been submitted.

Note that in the first few years after this was added to the application form, there were indeed many applicants who erroneously checked [No] when it was clear, from the travel history or the work history or address history, they should have checked [Yes] and included a clearance. This happened a real lot when the question was about a total number of days adding up to more than 183 (rather than the current "in a row" criteria). Applications still cleared the completeness screening. The failure to properly include a clearance was not resulting in applications being returned as incomplete. (If, however, the applicant checked the [Yes] box, and did not include a clearance and did not explain why one was not included, that did result in the application being returned as incomplete.)


Requests For Clearances While Application Is In Process:

IRCC can later request a police clearance from ANY applicant for any country . . . of course IRCC will need some reason for doing so, that is, to be procedurally fair. And, there are almost no signs that IRCC does this much, at least not in the absence of some overt reason (something suggesting the applicant has a criminal case in the country, for example).

There is no minimum amount of time in that country necessary for IRCC to make a request for a clearance. The more obvious example would be a PR who has spent only some brief trips into the U.S., but during one of those trips was arrested for something like Driving-Under-the-Influence, or say a domestic violence assault charge, BUT got the charges dismissed. There is a significant risk that will still trigger a hit in the U.S. NCIC database (which IRCC screens) and IRCC might thus request a police clearance from the U.S. in order to verify there are no prohibitions due to U.S. charges. That is, IRCC may want documentation verifying the outcome of the charges.

When a citizenship applicant might otherwise be asked to submit a clearance from another country, while the application is in process, is near impossible to predict EXCEPT anecdotal reporting strongly suggests this is unusual, NOT at all common. So most applicants justifiably do not worry about the prospect that IRCC might later request a clearance.

As I previously noted, back when the question in the application was based on total number of days, not just "days in a row," it was a lot more common for applicants to erroneously check [No] and for IRCC to recognize the [No] response was incorrect and ask for a clearance later in the process. But IRCC/CIC did not always ask for a clearance when one should have been included. The anecdotal reporting suggested it varied, some applicants being asked to obtain and submit a clearance, while for others questions asked and answered in the interview appeared to satisfy IRCC.


What Is The Risk You Will Be Asked For A Clearance?

This question wanders into the realm of guessing games. As noted, there have been very few reports of applicants asked for clearances later in the process. So, statistically the odds are that you, like any other applicant, will NOT be asked for a clearance. But of course who is actually asked to provide a clearance is not based on gambling odds but, rather, is based on the particular facts and circumstances for the individual applicant.

And FINALLY this brings me to the scenario you describe. It is probably fair to apprehend that the travel history you describe MIGHT mean there is a bigger chance you could be one of the few who does get a clearance request later in the process. This would NOT be because a processing agent mistakenly concludes you should have checked [Yes] to the question about the number of days in a row in another country. It would be because the processing agent (or closer to the decision making stage, the Citizenship Officer) wants better verification there are no criminal matters in that country which could constitute a prohibition.

Again, we have not seen much reporting of this recently (but I do not read every thread here, so if anyone has seen such reporting, please raise that). But your scenario is probably not all that common either and, moreover, for more than a year now, in the wake of the pandemic, with some exceptions it looks like IRCC has focused on proceeding with the more or less easy cases and so we are not seeing much reporting at all about situations which might trigger questions or concerns.

How To Handle The Risk:

Considering the risk of being asked for a clearance later is probably in the range of LOW to VERY LOW, it is up to you whether you might want to proactively get a clearance anyway. Most probably would not. If it is not especially inconvenient to get a clearance, you could go ahead and do that and simply keep the clearance to submit just-in-case IRCC asks for one.

That is, still (as always) answer the question in the application truthfully, and follow the instructions. Which it appears means you will check [No] and not list any countries and not include any clearances with the application. But in the meantime, if you are worried you might be asked to provide a clearance later, and you want to minimize the delay, sure, get the clearance and have it to submit.
 
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kimi_pat

Star Member
May 2, 2017
166
57
Hi @bellaluna

Thanks for your reply.

The only reason I asked because it is mentioned on the Physical Presence Calculator that

If you visited more than one country during the same absence, list the first country in 'Destination' and list the other countries in the 'Reason' field.

So I wonder in my case, should I follow the above suggestion? Or list all countries separately with respected dates? Or is it better to mention in the letter of explanation separately?

Thanks so much! I appreciate your replies. Thank you!
 

bellaluna

VIP Member
May 23, 2014
7,405
1,781
Hi @bellaluna

Thanks for your reply.

The only reason I asked because it is mentioned on the Physical Presence Calculator that

If you visited more than one country during the same absence, list the first country in 'Destination' and list the other countries in the 'Reason' field.

So I wonder in my case, should I follow the above suggestion? Or list all countries separately with respected dates? Or is it better to mention in the letter of explanation separately?

Thanks so much! I appreciate your replies. Thank you!
Looks like IRCC gave you some clear instructions already to proceed on your example. If I were you, I would simply do what was asked in the part you bolded. The LOE isn't a bad idea, and I get your logic behind it, but it's superfluous if you ask me, when there are already clear instructions provided.

In the end, do what you think feels right. It's your application, but don't forget, the officers are pretty sharp but also understanding people.
 
  • Like
Reactions: kimi_pat

kimi_pat

Star Member
May 2, 2017
166
57
It might be helpful to first focus on the difference between what is needed to make a complete application, and separately consider what can happen after the application is in process.


Clearance With Application:

Whether an applicant for citizenship will need to submit a clearance from this or that country WITH the APPLICATION depends on how the applicant answers the question about being in another country "for 183 days or more in a row." This is item 10.b) in the 10-2020 version of CIT 0002.

Obviously the applicant needs to truthfully answer that question. If the applicant checks the [No] box, the applicant does not need to submit a clearance from any country WITH the APPLICATION. Some of the examples in the instructions, including those referenced above, are intended to help applicants answer this question truthfully. Again, if the truthful answer is [NO] then a clearance does not need to be included with the application.

For purposes of the completeness screening, then, the checked [No] box suffices. The application will not be returned as incomplete even if a processing agent might compare information in the travel history and suspect the [No] answer was not truthful or correct, and that a clearance for a country should have been submitted.

Note that in the first few years after this was added to the application form, there were indeed many applicants who erroneously checked [No] when it was clear, from the travel history or the work history or address history, they should have checked [Yes] and included a clearance. This happened a real lot when the question was about a total number of days adding up to more than 183 (rather than the current "in a row" criteria). Applications still cleared the completeness screening. The failure to properly include a clearance was not resulting in applications being returned as incomplete. (If, however, the applicant checked the [Yes] box, and did not include a clearance and did not explain why one was not included, that did result in the application being returned as incomplete.)


Requests For Clearances While Application Is In Process:

IRCC can later request a police clearance from ANY applicant for any country . . . of course IRCC will need some reason for doing so, that is, to be procedurally fair. And, there are almost no signs that IRCC does this much, at least not in the absence of some overt reason (something suggesting the applicant has a criminal case in the country, for example).

There is no minimum amount of time in that country necessary for IRCC to make a request for a clearance. The more obvious example would be a PR who has spent only some brief trips into the U.S., but during one of those trips was arrested for something like Driving-Under-the-Influence, or say a domestic violence assault charge, BUT got the charges dismissed. There is a significant risk that will still trigger a hit in the U.S. NCIC database (which IRCC screens) and IRCC might thus request a police clearance from the U.S. in order to verify there are no prohibitions due to U.S. charges. That is, IRCC may want documentation verifying the outcome of the charges.

When a citizenship applicant might otherwise be asked to submit a clearance from another country, while the application is in process, is near impossible to predict EXCEPT anecdotal reporting strongly suggests this is unusual, NOT at all common. So most applicants justifiably do not worry about the prospect that IRCC might later request a clearance.

As I previously noted, back when the question in the application was based on total number of days, not just "days in a row," it was a lot more common for applicants to erroneously check [No] and for IRCC to recognize the [No] response was incorrect and ask for a clearance later in the process. But IRCC/CIC did not always ask for a clearance when one should have been included. The anecdotal reporting suggested it varied, some applicants being asked to obtain and submit a clearance, while for others questions asked and answered in the interview appeared to satisfy IRCC.


What Is The Risk You Will Be Asked For A Clearance?

This question wanders into the realm of guessing games. As noted, there have been very few reports of applicants asked for clearances later in the process. So, statistically the odds are that you, like any other applicant, will NOT be asked for a clearance. But of course who is actually asked to provide a clearance is not based on gambling odds but, rather, is based on the particular facts and circumstances for the individual applicant.

And FINALLY this brings me to the scenario you describe. It is probably fair to apprehend that the travel history you describe MIGHT mean there is a bigger chance you could be one of the few who does get a clearance request later in the process. This would NOT be because a processing agent mistakenly concludes you should have checked [Yes] to the question about the number of days in a row in another country. It would be because the processing agent (or closer to the decision making stage, the Citizenship Officer) wants better verification there are no criminal matters in that country which could constitute a prohibition.

Again, we have not seen much reporting of this recently (but I do not read every thread here, so if anyone has seen such reporting, please raise that). But your scenario is probably not all that common either and, moreover, for more than a year now, in the wake of the pandemic, with some exceptions it looks like IRCC has focused on proceeding with the more or less easy cases and so we are not seeing much reporting at all about situations which might trigger questions or concerns.

How To Handle The Risk:

Considering the risk of being asked for a clearance later is probably in the range of LOW to VERY LOW, it is up to you whether you might want to proactively get a clearance anyway. Most probably would not. If it is not especially inconvenient to get a clearance, you could go ahead and do that and simply keep the clearance to submit just-in-case IRCC asks for one.

That is, still (as always) answer the question in the application truthfully, and follow the instructions. Which it appears means you will check [No] and not list any countries and not include any clearances with the application. But in the meantime, if you are worried you might be asked to provide a clearance later, and you want to minimize the delay, sure, get the clearance and have it to submit.

Hi dpenabill,

Thanks
for your detailed response. I appreciate it.

I am still not sure if I should get the PCC from India since I spent the most time in that gap in India or I can just list the countries in the Presence calculator and also provide explanation for not attaching PCC (not spending 183 days in a row) ?

I wonder how much it would delay my application on CIC end (once I submit PCC)?

I may get PCC from India, it may take apprx 6-8 weeks most likely and just attach it with the application to avoid any delay just in-case.

Thank you so much!
 

kimi_pat

Star Member
May 2, 2017
166
57
Looks like IRCC gave you some clear instructions already to proceed on your example. If I were you, I would simply do what was asked in the part you bolded. The LOE isn't a bad idea, and I get your logic behind it, but it's superfluous if you ask me, when there are already clear instructions provided.

In the end, do what you think feels right. It's your application, but don't forget, the officers are pretty sharp but also understanding people.
Hi @bellaluna ,

Thanks for your response. Yes I still have 15-20 days till 1095 and I will wait for apprx 25 days till I submit my application.

So in the worst case, I can get PCC from India to be on the safe side to avoid any further delays.

Thanks so much! I really appreciate your advice.
 

kimi_pat

Star Member
May 2, 2017
166
57
It might be helpful to first focus on the difference between what is needed to make a complete application, and separately consider what can happen after the application is in process.


Clearance With Application:

Whether an applicant for citizenship will need to submit a clearance from this or that country WITH the APPLICATION depends on how the applicant answers the question about being in another country "for 183 days or more in a row." This is item 10.b) in the 10-2020 version of CIT 0002.

Obviously the applicant needs to truthfully answer that question. If the applicant checks the [No] box, the applicant does not need to submit a clearance from any country WITH the APPLICATION. Some of the examples in the instructions, including those referenced above, are intended to help applicants answer this question truthfully. Again, if the truthful answer is [NO] then a clearance does not need to be included with the application.

For purposes of the completeness screening, then, the checked [No] box suffices. The application will not be returned as incomplete even if a processing agent might compare information in the travel history and suspect the [No] answer was not truthful or correct, and that a clearance for a country should have been submitted.

Note that in the first few years after this was added to the application form, there were indeed many applicants who erroneously checked [No] when it was clear, from the travel history or the work history or address history, they should have checked [Yes] and included a clearance. This happened a real lot when the question was about a total number of days adding up to more than 183 (rather than the current "in a row" criteria). Applications still cleared the completeness screening. The failure to properly include a clearance was not resulting in applications being returned as incomplete. (If, however, the applicant checked the [Yes] box, and did not include a clearance and did not explain why one was not included, that did result in the application being returned as incomplete.)


Requests For Clearances While Application Is In Process:

IRCC can later request a police clearance from ANY applicant for any country . . . of course IRCC will need some reason for doing so, that is, to be procedurally fair. And, there are almost no signs that IRCC does this much, at least not in the absence of some overt reason (something suggesting the applicant has a criminal case in the country, for example).

There is no minimum amount of time in that country necessary for IRCC to make a request for a clearance. The more obvious example would be a PR who has spent only some brief trips into the U.S., but during one of those trips was arrested for something like Driving-Under-the-Influence, or say a domestic violence assault charge, BUT got the charges dismissed. There is a significant risk that will still trigger a hit in the U.S. NCIC database (which IRCC screens) and IRCC might thus request a police clearance from the U.S. in order to verify there are no prohibitions due to U.S. charges. That is, IRCC may want documentation verifying the outcome of the charges.

When a citizenship applicant might otherwise be asked to submit a clearance from another country, while the application is in process, is near impossible to predict EXCEPT anecdotal reporting strongly suggests this is unusual, NOT at all common. So most applicants justifiably do not worry about the prospect that IRCC might later request a clearance.

As I previously noted, back when the question in the application was based on total number of days, not just "days in a row," it was a lot more common for applicants to erroneously check [No] and for IRCC to recognize the [No] response was incorrect and ask for a clearance later in the process. But IRCC/CIC did not always ask for a clearance when one should have been included. The anecdotal reporting suggested it varied, some applicants being asked to obtain and submit a clearance, while for others questions asked and answered in the interview appeared to satisfy IRCC.


What Is The Risk You Will Be Asked For A Clearance?

This question wanders into the realm of guessing games. As noted, there have been very few reports of applicants asked for clearances later in the process. So, statistically the odds are that you, like any other applicant, will NOT be asked for a clearance. But of course who is actually asked to provide a clearance is not based on gambling odds but, rather, is based on the particular facts and circumstances for the individual applicant.

And FINALLY this brings me to the scenario you describe. It is probably fair to apprehend that the travel history you describe MIGHT mean there is a bigger chance you could be one of the few who does get a clearance request later in the process. This would NOT be because a processing agent mistakenly concludes you should have checked [Yes] to the question about the number of days in a row in another country. It would be because the processing agent (or closer to the decision making stage, the Citizenship Officer) wants better verification there are no criminal matters in that country which could constitute a prohibition.

Again, we have not seen much reporting of this recently (but I do not read every thread here, so if anyone has seen such reporting, please raise that). But your scenario is probably not all that common either and, moreover, for more than a year now, in the wake of the pandemic, with some exceptions it looks like IRCC has focused on proceeding with the more or less easy cases and so we are not seeing much reporting at all about situations which might trigger questions or concerns.

How To Handle The Risk:

Considering the risk of being asked for a clearance later is probably in the range of LOW to VERY LOW, it is up to you whether you might want to proactively get a clearance anyway. Most probably would not. If it is not especially inconvenient to get a clearance, you could go ahead and do that and simply keep the clearance to submit just-in-case IRCC asks for one.

That is, still (as always) answer the question in the application truthfully, and follow the instructions. Which it appears means you will check [No] and not list any countries and not include any clearances with the application. But in the meantime, if you are worried you might be asked to provide a clearance later, and you want to minimize the delay, sure, get the clearance and have it to submit.
Hi @dpenabill

I am wondering if I can still say 'No' in the question but I can still attach PCC from India just in case. It will not look suspicious in that case though, correct? I mean I do not want to experience any delay in the process in case if they come back asking for PCC after submitting the application? So I am thinking to get PCC and attach it with the application for the best case scenario. What do you think?

Any advice would be greatly appreciated. Thank you!
 

dpenabill

VIP Member
Apr 2, 2010
6,467
3,218
Hi @dpenabill

I am wondering if I can still say 'No' in the question but I can still attach PCC from India just in case. It will not look suspicious in that case though, correct? I mean I do not want to experience any delay in the process in case if they come back asking for PCC after submitting the application? So I am thinking to get PCC and attach it with the application for the best case scenario. What do you think?

Any advice would be greatly appreciated. Thank you!
Somewhat Short Response: Without offering "advice" . . . if you want to preemptively provide a police clearance, and if you were in effect living (staying, or "spending most of [your] time") in that country for more than six months, my sense is that it would be OK to check 'Yes' in response to the question, list the country, and include the clearance.

This, in my view, would actually be more appropriate (even if not necessary) IF, IF for example, your address history shows you with an address in that country for six months or more, even if during that time you occasionally traveled outside that country so that you were not continuously, physically present in that country for 180 days in a row.

That involves a bit of parsing the question (explained in the longer response) which, generally, is NOT a good idea . . . but parsing questions is generally NOT a good idea because most of the time people are parsing the question to, in effect, justify giving a response they believe will benefit them, such as to avoid disclosing something they apprehend might be turned against them. Which tends to be evasive if not misleading, or even outright deceptive. Nonetheless, the best approach is almost always to simply be honest and forthcoming, to accurately and completely respond to the question according to one's best understanding of what is asked and what the truthful response is.

Leading to my LONGER response . . . but first, as to the question as asked, conventional wisdom leans toward NOT submitting extra information or documents EXCEPT when clearly necessary. One can. I did. Many others have done so as well, without triggering problems. And especially if the extras included are limited, as in not voluminous and not distracting, and they are directly relevant. The caveat is that there is minimal evidence doing so helps much if at all.

Anyway . . . The LONGER Response (with a side trip into the nuances of interpreting and responding to bureaucratic form questions):

First, to be clear: I am no expert and I am absolutely NOT qualified to give advice.

Much of what I post consists, more or less, of platitudes with some extended analysis and observation, with a focus on information derived from reliable, authoritative sources (thus, for example, not unreliable sources like those reporting "I did XXX and it was OK"). Mostly I go into more depth but nonetheless it's still based on generally known, or at least generally accessible information. Aided some by having a historical context which helps clarify certain aspects of the process.

If what you are actually asking is what would be OK, which is what I believe you are asking, as I have noted my sense is it would be OK to check 'yes' in response to the question about being in a country for more than 180 days in a row based on mostly being in that country for more than six months, notwithstanding some brief travel to other countries during that time, so that you were not actually, physically present in that country, technically, 180 days in a row. I am no expert. I cannot advise you to answer that way. But my sense, my impression, is that sure, that would be OK. And thus, in particular, if you were primarily residing (living, staying, "spending most of [your] time") in that country for more than six months and the "days in a row" are only interrupted by brief travel outside the country, my sense, my take, which is NOT an expert's view, is that might actually be the better, more appropriate way to respond . . . even if technically it is not precisely accurate.

I would note that item 10 b) frames the question "were you in a country . . . " (emphasis added) and NOT "were you actually, physically present in a country . . . ?" Is there a difference? a difference that matters? What does "in a country" mean?

As I have noted, I am usually reluctant, extremely reluctant actually, to parse questions this way. The best approach is to read the question and understand it as asked, as best one can, and give a response to the question asked that is accurate and complete according to one's understanding of the facts and the question. My sense, my very strong sense, is that it is usually a mistake to approach requests for information from the perspective of *what-CAN-I-say?* Rather, the better approach is to focus on what is the most honest, accurate, and complete answer to the question . . . more from the perspective of *what-SHOULD-I-say?* given the facts.

In contrast, as I more than occasionally comment, we know that the application form is not a test, and in particular it is not about testing an applicant's ability to fill in bureaucratic forms. We know IRCC is not engaged in gotcha-games. IRCC, in the application form, is asking for information relevant to evaluating and verifying the applicant's claim of eligibility for citizenship. There is often no precise right answer to a question, other than what is the honest, most accurate, and complete response to the question asked. And, indeed, while certain questions have very specific answers (there is, for example, only one date to give when the form asks for a date of birth), many of the questions are soliciting more general but honest and relevant information about the applicant, more than asking for a technically correct answer. The language used is often more open-ended, and it seems to me this is very deliberate, intended to solicit the disclosure of what really reveals relevant information about the individual rather than some technically correct answer.

Which goes back to the question here, item 10 b) and the question "were you in a country . . . ?" and regarding which many will probably be quite certain about what "in a country . . for 180 days in a row" means, and that it does not encompass just living in that country for six months. And answering it that way, checking 'No' for example if one left the country briefly and thus was not actually physically IN the country for 180 days in a row, is the right way to respond. I would agree, but only that that is PROBABLY ONE right way, or "OK" way to respond. BUT not necessarily the ONLY right way to respond. Indeed, I would easily place my bet that for someone who was, for example, living and working in the U.S., for eight months say, but who in the middle of that time took a week-long holiday in Cancun, Mexico, it would be entirely OK, and my guess is better, to check 'Yes' for item 10 b) and include a U.S. FBI clearance with the application . . . even though a 'No' response would not constitute misrepresentation.

There is some risk in approaching questions this way. And in general overthinking things tends to not be productive.

But what appears to be your instinct here, that it might be a good idea to submit a police certificate from the country where you spent so much time during the last four years, even if you can technically answer 'No,' seems well-founded, a good idea, with due consideration for how convenient, or not, it is to do this. If it is convenient, sure, why not. Almost no risk it would hurt. And perhaps it could avoid a background investigation referral abroad which, it seems, can cause significant processing timeline delays.

A comment about the quote, which I used multiple times, "spending most of [your] time," in reference to where one was living. This language is taken from the 2017 version of the full-blown Residence Questionnaire, CIT 0171, except in the RQ it is in reference to family members and an item asking for address history for where they were "living/spending most of their time." This illustrates why I say that IRCC is often less interested in technically correct answers and more interested in information that is revealing, information that discloses the substantive, real life nature of who the applicant is and the life the applicant has been living, not just what some paper or digital records might show.
 
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kimi_pat

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May 2, 2017
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Somewhat Short Response: Without offering "advice" . . . if you want to preemptively provide a police clearance, and if you were in effect living (staying, or "spending most of [your] time") in that country for more than six months, my sense is that it would be OK to check 'Yes' in response to the question, list the country, and include the clearance.

This, in my view, would actually be more appropriate (even if not necessary) IF, IF for example, your address history shows you with an address in that country for six months or more, even if during that time you occasionally traveled outside that country so that you were not continuously, physically present in that country for 180 days in a row.

That involves a bit of parsing the question (explained in the longer response) which, generally, is NOT a good idea . . . but parsing questions is generally NOT a good idea because most of the time people are parsing the question to, in effect, justify giving a response they believe will benefit them, such as to avoid disclosing something they apprehend might be turned against them. Which tends to be evasive if not misleading, or even outright deceptive. Nonetheless, the best approach is almost always to simply be honest and forthcoming, to accurately and completely respond to the question according to one's best understanding of what is asked and what the truthful response is.

Leading to my LONGER response . . . but first, as to the question as asked, conventional wisdom leans toward NOT submitting extra information or documents EXCEPT when clearly necessary. One can. I did. Many others have done so as well, without triggering problems. And especially if the extras included are limited, as in not voluminous and not distracting, and they are directly relevant. The caveat is that there is minimal evidence doing so helps much if at all.

Anyway . . . The LONGER Response (with a side trip into the nuances of interpreting and responding to bureaucratic form questions):

First, to be clear: I am no expert and I am absolutely NOT qualified to give advice.

Much of what I post consists, more or less, of platitudes with some extended analysis and observation, with a focus on information derived from reliable, authoritative sources (thus, for example, not unreliable sources like those reporting "I did XXX and it was OK"). Mostly I go into more depth but nonetheless it's still based on generally known, or at least generally accessible information. Aided some by having a historical context which helps clarify certain aspects of the process.

If what you are actually asking is what would be OK, which is what I believe you are asking, as I have noted my sense is it would be OK to check 'yes' in response to the question about being in a country for more than 180 days in a row based on mostly being in that country for more than six months, notwithstanding some brief travel to other countries during that time, so that you were not actually, physically present in that country, technically, 180 days in a row. I am no expert. I cannot advise you to answer that way. But my sense, my impression, is that sure, that would be OK. And thus, in particular, if you were primarily residing (living, staying, "spending most of [your] time") in that country for more than six months and the "days in a row" are only interrupted by brief travel outside the country, my sense, my take, which is NOT an expert's view, is that might actually be the better, more appropriate way to respond . . . even if technically it is not precisely accurate.

I would note that item 10 b) frames the question "were you in a country . . . " (emphasis added) and NOT "were you actually, physically present in a country . . . ?" Is there a difference? a difference that matters? What does "in a country" mean?

As I have noted, I am usually reluctant, extremely reluctant actually, to parse questions this way. The best approach is to read the question and understand it as asked, as best one can, and give a response to the question asked that is accurate and complete according to one's understanding of the facts and the question. My sense, my very strong sense, is that it is usually a mistake to approach requests for information from the perspective of *what-CAN-I-say?* Rather, the better approach is to focus on what is the most honest, accurate, and complete answer to the question . . . more from the perspective of *what-SHOULD-I-say?* given the facts.

In contrast, as I more than occasionally comment, we know that the application form is not a test, and in particular it is not about testing an applicant's ability to fill in bureaucratic forms. We know IRCC is not engaged in gotcha-games. IRCC, in the application form, is asking for information relevant to evaluating and verifying the applicant's claim of eligibility for citizenship. There is often no precise right answer to a question, other than what is the honest, most accurate, and complete response to the question asked. And, indeed, while certain questions have very specific answers (there is, for example, only one date to give when the form asks for a date of birth), many of the questions are soliciting more general but honest and relevant information about the applicant, more than asking for a technically correct answer. The language used is often more open-ended, and it seems to me this is very deliberate, intended to solicit the disclosure of what really reveals relevant information about the individual rather than some technically correct answer.

Which goes back to the question here, item 10 b) and the question "were you in a country . . . ?" and regarding which many will probably be quite certain about what "in a country . . for 180 days in a row" means, and that it does not encompass just living in that country for six months. And answering it that way, checking 'No' for example if one left the country briefly and thus was not actually physically IN the country for 180 days in a row, is the right way to respond. I would agree, but only that that is PROBABLY ONE right way, or "OK" way to respond. BUT not necessarily the ONLY right way to respond. Indeed, I would easily place my bet that for someone who was, for example, living and working in the U.S., for eight months say, but who in the middle of that time took a week-long holiday in Cancun, Mexico, it would be entirely OK, and my guess is better, to check 'Yes' for item 10 b) and include a U.S. FBI clearance with the application . . . even though a 'No' response would not constitute misrepresentation.

There is some risk in approaching questions this way. And in general overthinking things tends to not be productive.

But what appears to be your instinct here, that it might be a good idea to submit a police certificate from the country where you spent so much time during the last four years, even if you can technically answer 'No,' seems well-founded, a good idea, with due consideration for how convenient, or not, it is to do this. If it is convenient, sure, why not. Almost no risk it would hurt. And perhaps it could avoid a background investigation referral abroad which, it seems, can cause significant processing timeline delays.

A comment about the quote, which I used multiple times, "spending most of [your] time," in reference to where one was living. This language is taken from the 2017 version of the full-blown Residence Questionnaire, CIT 0171, except in the RQ it is in reference to family members and an item asking for address history for where they were "living/spending most of their time." This illustrates why I say that IRCC is often less interested in technically correct answers and more interested in information that is revealing, information that discloses the substantive, real life nature of who the applicant is and the life the applicant has been living, not just what some paper or digital records might show.
Hi @dpenabill

Thank you so much for the detailed response.

Yes I am thinking to proactively get a PCC from India and attach it with the application.

I see on the application form, it asks to list the addresses during last 5 years. Since I did some trips from India (ranging from 10 days to 4 months continuous), would it be okay to list my Indian address rather than listing each specific country? Because I was hoping from country to country so I am not sure how convenient it will be for the officer to read all details.

And since I am submitting PCC from India, it should be okay?

I can mention all details in a separate explanation letter with accurate dates of all my visits? Will it complicate things if I dont mention those countries in the list of past addresses?

Your advice would be greatly appreciated. Thank you so much!