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Police clearance - waiver

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Venky19

Full Member
Mar 6, 2015
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Hi, Can anyone share knowledge/ experiences to get waiver for police clearance to apply under FSW ? I have an existing dowry harassment case (498a) in India and will not get police clearance certificate till the case is disposed by court. It has been 18 months since the case is instituted and there was only 1 hearing till now, which clearly indicates thats its a typical false dowry case instituted with a motive to extort money/ damage my career. No arrest/ No travel restrictions/ No passport impounding. thanks
 
Venky19 said:
Hi, Can anyone share knowledge/ experiences to get waiver for police clearance to apply under FSW ? I have an existing dowry harassment case (498a) in India and will not get police clearance certificate till the case is disposed by court. It has been 18 months since the case is instituted and there was only 1 hearing till now, which clearly indicates thats its a typical false dowry case instituted with a motive to extort money/ damage my career. No arrest/ No travel restrictions/ No passport impounding. thanks
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PCC is mandatory in the PR process. There is no way to waive off . You shall consult with an immigration lawyer in Canada. They could help you in a better way. But they would charge. I have seen in some lawyer's website offers free consultation.
 
sarandsp said:
PCC is mandatory in the PR process. There is no way to waive off . You shall consult with an immigration lawyer in Canada. They could help you in a better way. But they would charge. I have seen in some lawyer's website offers free consultation.
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Thanks. If there is no waive off, it seems I (and many like me) may have to wait for 3-4 years for the trial to reach conclusion, by which time the increased age will have reduced CRS points.. checked with few lawyers, no clear answer. all they suggested is to get inadmissimility assessment done, but no answers beyond that.. PCC looks like a show stopper in this case !
 
PCC is definitely mandatory - you can't get a waiver.

Inadmissibility is a completely different matter. Whether you are inadmissible or not will not impact the fact that you need to provide a PCC to successfully immigrate.
 
Venky19 said:
Thanks. If there is no waive off, it seems I (and many like me) may have to wait for 3-4 years for the trial to reach conclusion, by which time the increased age will have reduced CRS points.. checked with few lawyers, no clear answer. all they suggested is to get inadmissimility assessment done, but no answers beyond that.. PCC looks like a show stopper in this case !
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scylla said:
PCC is definitely mandatory - you can't get a waiver.

Inadmissibility is a completely different matter. Whether you are inadmissible or not will not impact the fact that you need to provide a PCC to successfully immigrate.
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Thanks, it is my understanding that when there is an existing criminal case (charged), that automatically makes the individual inadmissible and also the individual can not obtain police clearance.. feel free to correct me..
 
Not inadmissible, but the processing of the applications are suspended pending the final outcome from the courts.
 
Venky19 said:
Hi, Can anyone share knowledge/ experiences to get waiver for police clearance to apply under FSW ? I have an existing dowry harassment case (498a) in India and will not get police clearance certificate till the case is disposed by court. It has been 18 months since the case is instituted and there was only 1 hearing till now, which clearly indicates thats its a typical false dowry case instituted with a motive to extort money/ damage my career. No arrest/ No travel restrictions/ No passport impounding. thanks
Click to expand...

Like others said, you can't get the waiver. Not sure if you can actually get a PCC in India while you have a pending case, but if it is possible, and if there are any annotations on the PCC you will get presently, you will have to support them with court documents, etc. If the case is exactly as you say it is, I don't think it will be a problem presenting your situation to IRCC.
I believe even a dismissed case will also trigger an annotation on your PCC, and you have to do all that anyway. This was the case for someone I know, similar to yours, was falsely sued as an extortion attempt and charges were dismissed by the court. So they had to do what I just said. They got PR after the additional information request.
 
bellaluna said:
Like others said, you can't get the waiver. Not sure if you can actually get a PCC in India while you have a pending case, but if it is possible, and if there are any annotations on the PCC you will get presently, you will have to support them with court documents, etc. If the case is exactly as you say it is, I don't think it will be a problem presenting your situation to IRCC.
I believe even a dismissed case will also trigger an annotation on your PCC, and you have to do all that anyway. This was the case for someone I know, similar to yours, was falsely sued as an extortion attempt and charges were dismissed by the court. So they had to do what I just said. They got PR after the additional information request.
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The OP will not get a PCC until the case is decided by the court + no further appeals are filed in a higher court. The charges filed in the case of dowry harassment fall under criminal law
 
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bellaluna said:
Like others said, you can't get the waiver. Not sure if you can actually get a PCC in India while you have a pending case, but if it is possible, and if there are any annotations on the PCC you will get presently, you will have to support them with court documents, etc. If the case is exactly as you say it is, I don't think it will be a problem presenting your situation to IRCC.
I believe even a dismissed case will also trigger an annotation on your PCC, and you have to do all that anyway. This was the case for someone I know, similar to yours, was falsely sued as an extortion attempt and charges were dismissed by the court. So they had to do what I just said. They got PR after the additional information request.
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Thanks for sharing your views and experiences. I did walk-in to the concerned Police office and was told that, there is no way that a PCC be given with pending case. What I am thinking is to formally file for Police clearance instead of enquiring, even if they reject it I can tell to IRCC that it was rejected and back-up my court papers. I may be wrong though !
 
Venky19 said:
Thanks for sharing your views and experiences. I did walk-in to the concerned Police office and was told that, there is no way that a PCC be given with pending case. What I am thinking is to formally file for Police clearance instead of enquiring, even if they reject it I can tell to IRCC that it was rejected and back-up my court papers. I may be wrong though !
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Without a proper PCC, your application will be rejected outright. You are bound to raise eyebrows if you show that there's a case against you if you try to back up your case with your court papers.

The best thing for you to do, is to wait until your case gets sorted out, then apply.
 
Hello Venky19 and TLOU,

Have you managed to get the outcome for PCC with pending cases, or is the best way to handle the situation for getting PCC?

Thank you
 
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