Rejected Application because of the European Police Certificate

[Anon2018]

As the title says. Literally one week before my deadline for PR was due I received the following message

"Specifically, your application does not include the following elements: -
Police Certificate:
o The Police certificate from Germany that you provided with your application is not acceptable. The European Police Certificate is not acceptable in place of a German PC. Please consult our website in order to determine the required document. "

The problem is, German police certificate doesn't exist since 2018. Germany officially stopped issuing their national PC and replaced it with a European one. I clearly stated this in my Letter of Explanation.

I feel extremely disappointed and I have no idea what to do. I had a serious job offer waiting for me and now that seems ruined because somebody reviewing my documents wasn't up to date.
What I also feel it's unfair simply rejecting people without giving them heads up. According to this message nobody from entire Europe is able to emigrate to Canada...

Is there anything I can do here or should I simply forget this entire thing? What are my chances of appealing and how long does it take?

Any advice is appreciated. Thank you.

 

[WantToImmigrate]

M no expert here but a quick google search suggests to reapply.. It generally is cheaper and quicker than appealing.. What's your CRS?

 

[cansha]

As the title says. Literally one week before my deadline for PR was due I received the following message

"Specifically, your application does not include the following elements: -
Police Certificate:
o The Police certificate from Germany that you provided with your application is not acceptable. The European Police Certificate is not acceptable in place of a German PC. Please consult our website in order to determine the required document. "

The problem is, German police certificate doesn't exist since 2018. Germany officially stopped issuing their national PC and replaced it with a European one. I clearly stated this in my Letter of Explanation.

I feel extremely disappointed and I have no idea what to do. I had a serious job offer waiting for me and now that seems ruined because somebody reviewing my documents wasn't up to date.
What I also feel it's unfair simply rejecting people without giving them heads up. According to this message nobody from entire Europe is able to emigrate to Canada...

Is there anything I can do here or should I simply forget this entire thing? What are my chances of appealing and how long does it take?

Any advice is appreciated. Thank you.

I would suggest raise a webform and just write this explanation again and provide relevant weblinks if any. There have been cases in the past where applications were rejected for silly reasons but reconsidered when a webform was raised. Also, call the IRCC helpline and also explain the same thing. They can also make a note in the application.
One more thing you can do is to email any MP in Canada and explain the same thing. Their staff has direct line to IRCC and may be they can get your message across faster. Try all three avenues simultaneously and hopefully they will correct their mistake. All the best!

 

[Anon2018]

My CRS was 456.

The biggest problem with reapplying is that I won't be able to get the German PC because it simply doesn't exist anymore and I will be rejected again.
Second problem is that the company that offered me a job won't wait another 6-7 months for me.

 

[Anon2018]

I would suggest raise a webform and just write this explanation again and provide relevant weblinks if any. There have been cases in the past where applications were rejected for silly reasons but reconsidered when a webform was raised. Also, call the IRCC helpline and also explain the same thing. They can also make a note in the application.
One more thing you can do is to email any MP in Canada and explain the same thing. Their staff has direct line to IRCC and may be they can get your message across faster. Try all three avenues simultaneously and hopefully they will correct their mistake. All the best!

That is excellent advice. I will definitely try that. Thank you!

 

[DEEPCUR]

My CRS was 456.

The biggest problem with reapplying is that I won't be able to get the German PC because it simply doesn't exist anymore and I will be rejected again.
Second problem is that the company that offered me a job won't wait another 6-7 months for me.

I am afraid that your understanding is not correct and asking for reconsidering application might be of no use. Did you follow the instructions listed on CIC website for German PCC?

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

If you are German citizen, you have following options:

If you live in Germany:
You can apply in person at your local registration office (Meldebehörde) in which you are currently registered or you can apply online on the website of the Federal Office of Justice if you have a valid and recognized electronic signature (elektronischen Personalausweis) such as an electronic residency permit (elektronischen Aufenthaltstitel) and a card-reading machine (Kartenlesegerät). This service is only available in the German language.

I also visited the German government website listed to apply PCC out of curiosity.. they do have options to apply police clearance, and nowhere it says that they stopped issuing it.

 

[a16107]

That is excellent advice. I will definitely try that. Thank you!

Please update us

 

[Anon2018]

I am afraid that your understanding is not correct and asking for reconsidering application might be of no use. Did you follow the instructions listed on CIC website for German PCC?

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

If you are German citizen, you have following options:

If you live in Germany:
You can apply in person at your local registration office (Meldebehörde) in which you are currently registered or you can apply online on the website of the Federal Office of Justice if you have a valid and recognized electronic signature (elektronischen Personalausweis) such as an electronic residency permit (elektronischen Aufenthaltstitel) and a card-reading machine (Kartenlesegerät). This service is only available in the German language.

I also visited the German government website listed to apply PCC out of curiosity.. they do have options to apply police clearance, and nowhere it says that they stopped issuing it.

I am currently living in Germany and on the CIC website it says the following

"
If you live in Germany:
You can apply in person at your local registration office (Meldebehörde) in which you are currently registered or you can apply online on the website of the Federal Office of Justice if you have a valid and recognized electronic signature (elektronischen Personalausweis) such as an electronic residency permit (elektronischen Aufenthaltstitel) and a card-reading machine (Kartenlesegerät). This service is only available in the German language.
"
Since I'm living in Germany I went to my "Meldebehörde" in which I am currently registered and asked for a PC (Führungszeugnis). They told me it is not being issued anymore as long as a person has lived in more than once European country. Even if a German spends a few months in another EU country as an exchange student for example, they cannot get a German PC anymore. Since I lived in Croatia I can only get the European PC which is nothing else than a German and Croatian PC merged into one document. And I explained this in my LoE which was obviously ignored.

 

[DEEPCUR]

I am currently living in Germany and on the CIC website it says the following

"
If you live in Germany:
You can apply in person at your local registration office (Meldebehörde) in which you are currently registered or you can apply online on the website of the Federal Office of Justice if you have a valid and recognized electronic signature (elektronischen Personalausweis) such as an electronic residency permit (elektronischen Aufenthaltstitel) and a card-reading machine (Kartenlesegerät). This service is only available in the German language.
"
Since I'm living in Germany I went to my "Meldebehörde" in which I am currently registered and asked for a PC (Führungszeugnis). They told me it is not being issued anymore as long as a person has lived in more than once European country. Even if a German spends a few months in another EU country as an exchange student for example, they cannot get a German PC anymore. Since I lived in Croatia I can only get the European PC which is nothing else than a German and Croatian PC merged into one document. And I explained this in my LoE which was obviously ignored.

True, but officers go by source of truth (and not explanation letter) which is German government website and it doesn't say anything like that.

Your best bet is to apply through post and try your luck. Either you get German PC or an official written response from the government stating that it cannot be issued to you as you have lived outside Germany. Along with that official response, if you add a letter of explanation and European PC, I am pretty sure they won't have any issues accepting it.

Also, looks like the German govt website has different instructions for applying.. i.e not visiting Meldebehorde..

Check this out.. this link was provided in CIC website.

https://www.bundesjustizamt.de/EN/Topics/citizen_services/BZR/Resident_BRD/Resident_BRD_node.html

 

[Anon2018]

True, but officers go by source of truth (and not explanation letter) which is German government website and it doesn't say anything like that.

Your best bet is to apply through post and try your luck. Either you get German PC or an official written response from the government stating that it cannot be issued to you as you have lived outside Germany. Along with that official response, if you add a letter of explanation and European PC, I am pretty sure they won't have any issues accepting it.

Also, looks like the German govt website has different instructions for applying.. i.e not visiting Meldebehorde..

Check this out.. this link was provided in CIC website.

https://www.bundesjustizamt.de/EN/Topics/citizen_services/BZR/Resident_BRD/Resident_BRD_node.html

The German Govt website says the same thing I did.

Source: https://www.bundesjustizamt.de/DE/Themen/Buergerdienste/BZR/FZ_node.html

"
Europäisches Führungszeugnis für Staatsangehörige anderer EU-Mitgliedstaaten verpflichtend
Bürgerinnen und Bürger die – neben oder anstatt der deutschen – die Staatsangehörigkeit eines oder mehrerer anderer Mitgliedstaaten der Europäischen Union besitzen und ein Führungszeugnis beantragen, erhalten vom Bundesamt für Justiz zwingend ein sogenanntes Europäisches Führungszeugnis. Das Europäische Führungszeugnis enthält neben dem deutschen Führungszeugnis die Mitteilung über Eintragungen im Strafregister des Herkunftsmitgliedstaates in der übermittelten Sprache, sofern der Herkunftsmitgliedstaat eine Übermittlung nach seinem Recht vorsieht."

Quick google translate


" European certificate of good conduct obligatory for nationals of other EU member states Citizens who, in addition to or instead of the German ones, hold the citizenship of one or more other member states of the European Union and apply for a certificate of good conduct, are required by the Federal Office of Justice to obtain a so-called European certificate of good conduct. In addition to the German certificate of good conduct, the European certificate of good conduct contains the notification of entries in the criminal record of the home Member State in the language transmitted, provided that the home Member State provides for a transfer under its law. '

I guess I'm just being extremely unlucky. This feels like catch 22 situation. I will try filling out a web form. I tried calling CIC but nobody is answering the phone.

 

[Anon2018]

True, but officers go by source of truth (and not explanation letter) which is German government website and it doesn't say anything like that.

Your best bet is to apply through post and try your luck. Either you get German PC or an official written response from the government stating that it cannot be issued to you as you have lived outside Germany. Along with that official response, if you add a letter of explanation and European PC, I am pretty sure they won't have any issues accepting it.

Also, looks like the German govt website has different instructions for applying.. i.e not visiting Meldebehorde..

Check this out.. this link was provided in CIC website.

https://www.bundesjustizamt.de/EN/Topics/citizen_services/BZR/Resident_BRD/Resident_BRD_node.html

Germans will never make an exception for me. It took me several weeks to get an EU certificate. The process of getting a PC here is extremely slow.

 

[DEEPCUR]

The German Govt website says the same thing I did.

Source: https://www.bundesjustizamt.de/DE/Themen/Buergerdienste/BZR/FZ_node.html

"
Europäisches Führungszeugnis für Staatsangehörige anderer EU-Mitgliedstaaten verpflichtend
Bürgerinnen und Bürger die – neben oder anstatt der deutschen – die Staatsangehörigkeit eines oder mehrerer anderer Mitgliedstaaten der Europäischen Union besitzen und ein Führungszeugnis beantragen, erhalten vom Bundesamt für Justiz zwingend ein sogenanntes Europäisches Führungszeugnis. Das Europäische Führungszeugnis enthält neben dem deutschen Führungszeugnis die Mitteilung über Eintragungen im Strafregister des Herkunftsmitgliedstaates in der übermittelten Sprache, sofern der Herkunftsmitgliedstaat eine Übermittlung nach seinem Recht vorsieht."

Quick google translate


" European certificate of good conduct obligatory for nationals of other EU member states Citizens who, in addition to or instead of the German ones, hold the citizenship of one or more other member states of the European Union and apply for a certificate of good conduct, are required by the Federal Office of Justice to obtain a so-called European certificate of good conduct. In addition to the German certificate of good conduct, the European certificate of good conduct contains the notification of entries in the criminal record of the home Member State in the language transmitted, provided that the home Member State provides for a transfer under its law. '

I guess I'm just being extremely unlucky. This feels like catch 22 situation. I will try filling out a web form. I tried calling CIC but nobody is answering the phone.

The translation is bit ambiguous for me.. still i don't find anything that comprehends that German PC will NOT be issued if someone has lived outside Germany. I'm not discounting what you say, but if you pay yourself in officers shoe, there is nothing that they could do on this unless there is some kind of explicit official not from German government.

 

[DEEPCUR]

Germans will never make an exception for me. It took me several weeks to get an EU certificate. The process of getting a PC here is extremely slow.

PCC is slow process most countries. I'm not saying there would be an exception for you and you'll get German PC.. if they reject your request, you'll have better documentation to counter with. May be you could go to the same office that they refused your PC and ask them if they can give some kind of receipt that says that they won't take your application because you aren't eligible for German PC for the above described reasons.

Why I'm saying this I've seen CIC will very rarely reopen cases and it'll help you prepare for best if you need to reapply again.

 

[Anon2018]

The translation is bit ambiguous for me.. still i don't find anything that comprehends that German PC will NOT be issued if someone has lived outside Germany. I'm not discounting what you say, but if you pay yourself in officers shoe, there is nothing that they could do on this unless there is some kind of explicit official not from German government.

There is one part where it says "...for nationals of other EU member states Citizens who, in addition to or instead of the German ones, hold the citizenship of one or more other member states of the European Union and apply for a certificate of good conduct, are required by the Federal Office of Justice to obtain a so-called European certificate of good conduct."

 

[Anon2018]

PCC is slow process most countries. I'm not saying there would be an exception for you and you'll get German PC.. if they reject your request, you'll have better documentation to counter with. May be you could go to the same office that they refused your PC and ask them if they can give some kind of receipt that says that they won't take your application because you aren't eligible for German PC for the above described reasons.

Why I'm saying this I've seen CIC will very rarely reopen cases and it'll help you prepare for best if you need to reapply again.

Yeah I understand. I guess I'm just frustrated how this ended up. I took a lot of time preparing my documentation and checking everything over and over again. I feel "cheated" because it seems I ended up in a loophole.

Anyway, thanks for your support and advice. I will keep this post updated.