Query for Background Police Checks!

[JamesC85]

Hi there all, new poster here

I'll cut to the chase.

I am from Scotland, UK and am here in Canada on an IEC 2012 (Working Holiday) visa, which expires mid-June 2013.

My fiance, a Canadian citizen, and I are getting married this month, and we are currently preparing our application forms for an inland spousal sponsorship.

One of the steps, as I'm sure you're all aware of is the Police Background Checks. I am fully aware of how frustrating this step can be because I had to do it for my IEC 2012 application. The UK... the USA... and Australia! Overall it took me about 15 weeks processing (USA was a long one) and a considerable amount of money.

Question: Is this step absolutely necessary? I had a clean record for UK/USA/OZ when I entered Canada last year, and have not left the country ever since. Surely that means my UK/USA/OZ records are still clean, right? Does anyone know if someone applying under these circumstances can bypass this part of the process?

I'm already anticipating the answer to my question to be no. I understand CIC can't treat every application on such a personal level, but I'm just trying to avoid a major headache!

It wasn't until recently I was informed that if we send our sponsorship application away 30-days before my current work visa expires, it means I can keep working legally whilst everything is being processed. My job is quite important to me and I'd much rather be working that sitting around for X months -waiting- to work! I also have a Labour Market Opinion application sent away with my employer as a backup. But I seem to be running out of time...!

Thanks all for you time,

James

 

[zardoz]

You still have to get up to date PCCs from all the countries that you have spent more than 6 months in, as per the documents.
There are no "special case" exemptions. Sorry...

Just because there were no records when you left, it doesn't mean that something hasn't surfaced since then. You may indeed have an arrest warrant outstanding in each country as far as CIC knows.

 

[JamesC85]

You still have to get up to date PCCs from all the countries that you have spent more than 6 months in, as per the documents.
There are no "special case" exemptions. Sorry...

Just because there were no records when you left, it doesn't mean that something hasn't surfaced since then. You may indeed have an arrest warrant outstanding in each country as far as CIC knows.

Thank you Zardos. I was expecting this to be the case, I just wanted to hear someone say it to me! Ach well one could only hope, time to get down to business I guess.

 

[zardoz]

I have heard of people being asked to obtain updated PCCs within the life of a single application if has taken a long time to process.

 

[canuck_in_uk]

It wasn't until recently I was informed that if we send our sponsorship application away 30-days before my current work visa expires, it means I can keep working legally whilst everything is being processed.

Though CIC recommends applying 30 days before, it is not a rule. As long as CIC receives the PR/OWP app before your IEC expires, you get the Implied Status that allows you to keep working.

Getting all of the police certificates again is an expensive but necessary annoyance. My partner had to get 4, so I know how it goes. If only all of them were like France, where you fill in your details online, they mail the certificate out a few days later and it's totally free

 

[AnaMaria]

I am not 100% sure about this but if your permit is extendable, you will get implied status and be able to continue working but if the permit is not extendable, e.g. PGWP and some IEC as I understand, then you won't be able to work once the permit expires.

It is recommended to send in application some time before your permit expires. If, for any reason, your package is returned and you have to send it again and that happens to be after your permit expiry date, you are out of status, thus no implied status.

 

[JamesC85]

Thanks again all for the additional information,

From previous experience with these police checks I can only anticipate at this point the worst case scenerio, which is I will definitely not be able to send in the sponsorship application in time, before my IEC visa expires.

Assuming this, what is my best course of action? Assuming my LMO hasn't come through either, will I just have to re-enter Canada on a 6-month tourist visa, perhaps apply for a tourist visa extension, and twiddle my thumbs until either my LMO comes through, or my application for an open-work-permit (sent with the sponsorship application as I understand it) is granted?

Bare in mind here I will then be married to a Canadian citizen, although I'm not entirely sure if that grants me any reason to be in Canada...?

 

[JamesC85]

Thanks again all for the additional information,

From previous experience with these police checks I can only anticipate at this point the worst case scenerio, which is I will definitely not be able to send in the sponsorship application in time, before my IEC visa expires.

Assuming this, what is my best course of action? Assuming my LMO hasn't come through either, will I just have to re-enter Canada on a 6-month tourist visa, perhaps apply for a tourist visa extension, and twiddle my thumbs until either my LMO comes through, or my application for an open-work-permit (sent with the sponsorship application as I understand it) is granted?

Bare in mind here I will then be married to a Canadian citizen, although I'm not entirely sure if that entitles me to stay in Canada?

 

[canuck_in_uk]

You can send the application without the police checks, just make sure to include a letter explaining that you applied for them, include receipts or emails from the application if you have them, and when they are expected. We sent ours without my Option C and without 2 of my partner's police certificates, no problems. They don't really need them anyways when they are just reviewing the sponsor.

Some people say not to do this but CIC understands that some of these things take time to get (especially the FBI check) and that people want to get their applications going. I know that upon receipt of our app, CIC didn't even check it for which police certificates were needed, as several months after sponsor approval, they requested one from a 4th country.

And being married to a Canadian doesn't in any way entitle you to stay in the country, hence the whole reason for doing this process . The Implied Status is what will allow you to stay.

 

[JamesC85]

You can send the application without the police checks, just make sure to include a letter explaining that you applied for them, include receipts or emails from the application if you have them, and when they are expected. We sent ours without my Option C and without 2 of my partner's police certificates, no problems. They don't really need them anyways when they are just reviewing the sponsor.

Some people say not to do this but CIC understands that some of these things take time to get (especially the FBI check) and that people want to get their applications going. I know that upon receipt of our app, CIC didn't even check it for which police certificates were needed, as several months after sponsor approval, they requested one from a 4th country.

And being married to a Canadian doesn't in any way entitle you to stay in the country, hence the whole reason for doing this process . The Implied Status is what will allow you to stay.

Hey there, your post somehow slipped by me unnoticed! But thank you for your reply. So I currently need to get myself a UK, Australia and USA police check sorted. But I should be safe in sending my application off, provided I have receipts or proof of application for them?

Another question which actually brought me back here in the first place, is it just a standard National Police Check you have acquire? Last time when I applied for my IEC 2012 I did fingerprint checks for all 3 countries and it cost me a pretty penny!

Cheers,
James

 

[canuck_in_uk]

FBI certificate needs fingerprints.

For UK and Aus, no fingerprints needed. Just make sure for the Australia one that you choose the right "Purpose of Check", which is "Overseas employment/visa". That will give you the Standard Disclosure, which is the one CIC accepts.

 

[JamesC85]

FBI certificate needs fingerprints.

For UK and Aus, no fingerprints needed. Just make sure for the Australia one that you choose the right "Purpose of Check", which is "Overseas employment/visa". That will give you the Standard Disclosure, which is the one CIC accepts.

Cheers for that,

Last year when I did an FBI check for my IEC 2012, I did not receive anything such as a receipt from them until my completed Police Check came through the mail. Did you just make a special request to receive a receipt, or perhaps just do recorded delivery with my courier to prove it is at FBI offices?

Could I also just mention, you said you didn't send 2 of your police checks off with your application, and also without an Option C. What part of the application are you referring to with the Option C?

Again heaps of thanks for your time, things are on the move!
James

 

[MadeInCanada]

The option C is part of the documents that the sponsor needs to supply to CIC.

 

[canuck_in_uk]

Cheers for that,

Last year when I did an FBI check for my IEC 2012, I did not receive anything such as a receipt from them until my completed Police Check came through the mail. Did you just make a special request to receive a receipt, or perhaps just do recorded delivery with my courier to prove it is at FBI offices?

Could I also just mention, you said you didn't send 2 of your police checks off with your application, and also without an Option C. What part of the application are you referring to with the Option C?

Again heaps of thanks for your time, things are on the move!
James

Actually, we didn't include receipts or anything, just a letter stating the dates we applied, the processing times as shown on the police websites and the estimated arrival date. That was enough for CIC.

The Option C is a tax summary printout from the Canada Revenue Agency. As MadinCanada said, it is required for the sponsor

 

[Sweden]

And to confirm what another poster has already said - because your visa is an IEC, it's not extendable, and thus the "implied status" with inland doesn't give you the right to keep on working.

So - I would advise you to apply outland through London, even if you're in Canada. It's faster, and it also allows you to go in and out of Canada if needed. The only reason for you to apply inland would be to keep on working but it doesn't apply in your case.

So - yes, apply outland, and you won't get implied status. But send 30 days before the expiry of your current IEC visa a request to change your status from IEC to visitor. once your IEC is over, stop working (unless the LMO comes through obviously), and wait... not fun, but not much else to do! then you're on visitor status until your PR comes through. Stage 1 is currently 1 month, and applications through London take somewhere between 4 months (as a minimum these days it seems!), for straightforward, complete applications, to ... more! so it should be too bad.

Good luck,
Sweden