Hi All,
I applied for citizenship on 04-Dec-2021. I had stayed in India from 01-Nov-2017 to 29-May-2018 (210 days).
I applied on 04-Dec-2021 and in the in the past 4 years (from 04-Dec-2017 to 04-Dec-2021) I would have stayed in India only for 177 days in a row which is less that 183. So I did not get a Police Certificate (PCC) from India. In addition I stayed in India in 2019 for 1 month (Not in row).
Today I got my AOR and alas on it they have asked a Police Clearance from India. The message is as follows
Police Certificate Request
· You must provide a police certificate for each country or territory where you have been present for 183 days or more in a row (since the age of 18). If you cannot get a police certificate, please explain why. A police certificate or explanation for no certificate is required for your time spent in India.
In the last 4 years I only spent 177 days total in a different country in a row. I do not get why they are asking me this. They dont mention 4 years anywhere in this mail
Do you think the citizenship officer made a mistake? Can I explain this in a webform rather then uploading a Police Clearance ? Or is it normal that they ask for PCC when we are cutting it close to 183 days ?
@CaBeaver pretty well covers things.
That is, basically IRCC can request documentation at any time, such as PCCs, to show the applicant has no prohibitions, including no criminal charges or convictions in other countries. Appears that is what they have done. And as long as you timely respond to the request, stating you have made appropriate requests to obtain the requested documentation, and assuming you have, that should suffice for purposes of avoiding the application being deemed abandoned.
So, no, this does not appear to be a mistake.
And yeah, this will delay things. Good idea to proceed forthwith with applying for and obtaining the requested clearance. And of course forward the clearance to IRCC as soon as you can . . . or, if it is actually the case, if you cannot obtain a PCC from India, you can respond saying that and THE REASON, the explanation for why you cannot obtain a PCC from India (I know nothing about obtaining PCCs from India).
So . . .
Your posts and query are appreciated. Your situation addresses what has been something of a grey area, in terms of best practices, how to best navigate the process, and illuminates that yes
cutting-it-close to the cutoff for when a PCC was required upfront with the application at the least RISKS non-routine processing requests.
Question remains about how to minimize the risk of non-routine processing. It is not certain, but my sense (stronger than a guess but far from certain) is yeah, you might have avoided the non-routine processing request by including a PCC from India.
How to do that when you (as an applicant is required to do) truthfully answer question 10.b) in the application checking [No] you were not in another country for 183 days or more in a row? Just include it?
At the least, for those
cutting-it-close it is for sure a good idea to proceed with obtaining the PCC even if the application is made without including it, precisely so the applicant has it as soon as possible and can submit it to IRCC, if it is requested, sooner.
Further Observations Regarding PCCs and . . . . PCC "technically not needed":
It appears you may have confused what is required to make a complete application for citizenship versus what additional evidence, or "
proof," IRCC can request from applicants.
IRCC requires an applicant who was in another country for 183 or more days in a row, during the four years prior to applying for citizenship, to submit a police clearance WITH the application. If the clearance is not included (or a satisfactory explanation for not including it) the application is returned, NO AOR.
But apart from what information and documents must be submitted to constitute a "complete" application, the applicant has the burden of proving ALL the eligibility qualifications are met. This includes no criminal charges or convictions in another country in the four years preceding the date of the application. This is not much different from the physical presence requirement: the applicant must submit a presence calculation to show they were in Canada at least 1095 days during the five year eligibility period, and failing to do so will result in the application being returned (practical effect is it is being denied). However, even though the applicant submits a travel history showing 1095 days plus presence, IRCC can still request additional evidence and documents, requiring the applicant to PROVE they were actually physically present in Canada those days.
As I previously noted, your posts and query are appreciated. There is in this forum, sometimes, an over-emphasis on the precise requirements with little regard for the RISKS of non-routine processing, or what can be done to prepare for or avoid, or at least reduce those RISKS.
Hopefully this will not result in a really lengthy delay for your application. Also, hopefully, this thread will at least alert some others and help them be better prepared if they are in a similar situation.
REMINDER (for others)
:
Finally, a reminder, I have several times suggested that even if an applicant did not spend 183 days or more in a row in a country, but they were more or less residing in a country for six months or more, better to check [Yes] based on residency, and include the clearance. Or, at the least, if they still checked [No] based on having left that country this or that time, so was not in it 183 days in a row, that they nonetheless pursue obtaining the PCC to have in hand in case IRCC asked for it.
