Police clearance certificate exemption: is this a good reason?

[ila8394]

Hi guys,

My friend (who's currently in Canada, holding a Post Graduate Work Permit) plans to apply for PR status via the Express Entry program.

She is an Indonesian citizen, but previously was a student in China (Guangzhou) for 5 years.

As all of you are aware, the CIC requires applicants to obtain police clearance certificates from countries where the applicants lived (since the age of 18) for more than 6 months.

She was able to get the Indonesian police clearance. The process was smooth and easy.

But the Chinese police clearance is giving her headaches as the requirements are complicated. According to my friend's friend who lives in China, the Guangzhou police department will only process her police clearance certificate if my friend sends her original passport to China (for them to take a look at).

A passport is a very important document, obviously, and my friend is not comfortable sending it all the way to China (i.e.: what if it got lost in transit?)

My friend is thinking of requesting for an exemption from the CIC, saying that she can't process the Chinese police clearance for fear of losing her (original) passport if she were to mail it to China. Do you think that is an acceptable reason? Do you think the CIC would be willing to waive her Chinese police clearance requirement based on that reason?

 

[DEEPCUR]

No. CIC won't accept this or any excuse for that matter when it comes to PCC. Canada has strict criminal inadmissibility clauses and that is the reason for requesting PCCs. What if the person has committed a serious crime in a country and asks for exemption saying some reason like this for not submitting PCC? There is no choice other than submitting passport.

Even CIC page says one needs to submit whatever document Chinese personal asks for issuing PCC..

If you live outside China:
Different cities have different ways to apply and you should ask your local office how to apply. Most places in China will allow a representative to apply for a police certificate on your behalf. To nominate a representative, you must give the person a signed notarized authorisation letter (available at the office where you apply). When your representative applies on your behalf, he or she must bring:

• His or her national ID card
• A signed notarised authorisation letter from you
• His/her original Permanent Residence Registration (Hukou) bookletFootnote**
• All of the documents that your local police station (in China) or embassy tells you are needed when you apply

https://www.canada.ca/en/immigration-refugees-citizenship/services/application/medical-police/police-certificates/how/china.html

 

[ila8394]

No. CIC won't accept this or any excuse for that matter when it comes to PCC.

Thanks for the reply! If you think my friend's excuse wouldn't be accepted (i.e.: fear of losing her passport if she sent it to China), I would understand that, as probably it's not a very very strong excuse.

However, I disagree if you think the CIC won't accept ANY excuse at all, because I can prove that at least 3 people in this forum WERE able to get an exemption, by providing strong reasons.

Take a look:

https://www.canadavisa.com/canada-immigration-discussion-board/threads/i-cant-get-my-police-clearance-from-china-pleasssse-hellp-me.178369/#post-2802023 (this person stated that if they were to go back to their own country to get the police clearance, they could get killed or tortured).

https://www.canadavisa.com/canada-immigration-discussion-board/threads/i-cant-get-my-police-clearance-from-china-pleasssse-hellp-me.178369/#post-5165817 (this person couldn't go to China because his university prohibited him from missing 80% of his classes)

https://www.canadavisa.com/canada-immigration-discussion-board/threads/help-china-no-criminal-record.246353/#post-3628465 (this person asked for a friend's help in China, and the friend went to the police station in China, and still couldn't manage to get the police clearance. He explained this in the explanation letter, and the CIC waived his police clearance requirement)

 

[mgnlky]

https://www.canadavisa.com/canada-immigration-discussion-board/threads/i-cant-get-my-police-clearance-from-china-pleasssse-hellp-me.178369/#post-2802023 (this person stated that if they were to go back to their own country to get the police clearance, they could get killed or tortured).

https://www.canadavisa.com/canada-immigration-discussion-board/threads/i-cant-get-my-police-clearance-from-china-pleasssse-hellp-me.178369/#post-5165817 (this person couldn't go to China because his university prohibited him from missing 80% of his classes)

https://www.canadavisa.com/canada-immigration-discussion-board/threads/help-china-no-criminal-record.246353/#post-3628465 (this person asked for a friend's help in China, and the friend went to the police station in China, and still couldn't manage to get the police clearance. He explained this in the explanation letter, and the CIC waived his police clearance requirement)

The first example here is a clear case of a threat against the applicant's safety. The second case would create a hardship on the student (aka, he'd fail the classes). In the third example, the applicant provided more than an explanation letter; they also provided notarized fingerprints, etc.

Your friend not wanting to send a passport to China for fear of getting lost, in my opinion, does not equate to "doing all she can to get the PCC." Canada requires non-Visa exempt outland applicants to send their passport to Ottawa for processing, and if an applicant refuses, they obviously cannot enter Canada. I can't see them waiving the PCC for someone who simply does not want to mail a passport to China for the PCC.

 

[ila8394]

The second case would create a hardship on the student (aka, he'd fail the classes).

That makes sense. But it made me wonder: even though he would fail his classes if he went to China, that does not mean that he couldn't send his documents to China for the PCC processing, no? Yet the CIC still waived his PCC....how come?

The first example here is a clear case of a threat against the applicant's safety. The second case would create a hardship on the student (aka, he'd fail the classes). In the third example, the applicant provided more than an explanation letter; they also provided notarized fingerprints, etc.

Your friend not wanting to send a passport to China for fear of getting lost, in my opinion, does not equate to "doing all she can to get the PCC." Canada requires non-Visa exempt outland applicants to send their passport to Ottawa for processing, and if an applicant refuses, they obviously cannot enter Canada. I can't see them waiving the PCC for someone who simply does not want to mail a passport to China for the PCC.

My friend does have a certified fingerprints document that she obtained from the Canadian federal police (the RCMP), but judging from your response, probably that alone would not suffice if her reason for wanting an exemption is her fear of losing her passport, correct?

 

[DEEPCUR]

That makes sense. But it made me wonder: even though he would fail his classes if he went to China, that does not mean that he couldn't send his documents to China for the PCC processing, no? Yet the CIC still waived his PCC....how come?





My friend does have a certified fingerprints document that she obtained from the Canadian federal police (the RCMP), but judging from your response, probably that alone would not suffice if her reason for wanting an exemption is her fear of losing her passport, correct?

You have a very weak case in my opinion. I understand the anxiety of sending passport over mail, but CIC doesn't look things that way. People living in Canada and US do submit their passports by mail to CIC. People in US at least have option to use expensive private mailing services like FedEX, but people in Canada ought to use only Canada post.

While looking at the explanations for PCC, they look for the efforts you put in to obtain PCC which is zero in your case (getting fingerprint is not an effort to obtain PCC). They generally excuse only failed attempts to get PCC. See if your friend can send the passport through Chinese embassy on Indonesia. Or use a reliable and expensive courier like FedEX, DHS etc. to send it to the friend in China.

Writing explanation is at your discretion. You could try your luck with that if you wish.

 

[besc]

Firstly, choose an international delivery company, such as DHL and Fedex, those companies can send passport to and out of China.
Secondly, you can entrust an agency to do it, such as chinapoliceclearance.com, a friend or friend might not have experience and knowledge to do it in the right way.