IMPOSSIBLE to get a Police Check from Indonesia - WHAT TO DO?

[Britcan]

Indonesia ONLY gives Police Checks to people who lived there on work permits (KITAS).
My daughter's Australian common-law partner spent many years in Indonesia on Tourist Visas only.
Indonesian lawyers we have contacted say nothing can be done.
Canadian Embassy in Australia says Police Certificate cannot be waived.
Indonesian Embassy in Australia doesn't reply to enquiries. Indonesian Police Headquarters does not respond either.
Any suggestions?

 

[Aquakitty]

She needs to keep the proof of these attempts and submit that instead. Whoever told you it can't be waived is incorrect, if it's impossible to get, and you provide proof, it can be done. It seems IRCC is aware of this as it states right on the website you need a work permit to get a police certificate.

Have you tried any of these companies?

http://www.expat.or.id/sponsors/services.html#docs

 

[canuck_in_uk]

Indonesia ONLY gives Police Checks to people who lived there on work permits (KITAS).
My daughter's Australian common-law partner spent many years in Indonesia on Tourist Visas only.
Indonesian lawyers we have contacted say nothing can be done.
Canadian Embassy in Australia says Police Certificate cannot be waived.
Indonesian Embassy in Australia doesn't reply to enquiries. Indonesian Police Headquarters does not respond either.

Document all efforts to obtain the PCC. Get it in writing from the lawyers and from the authorities if possible.

IRCC does waive PCC requirements if you show you tried.

 

[ImABule]

Indonesia ONLY gives Police Checks to people who lived there on work permits (KITAS).
My daughter's Australian common-law partner spent many years in Indonesia on Tourist Visas only.
Indonesian lawyers we have contacted say nothing can be done.
Canadian Embassy in Australia says Police Certificate cannot be waived.
Indonesian Embassy in Australia doesn't reply to enquiries. Indonesian Police Headquarters does not respond either.
Any suggestions?

KITAS is a temporary resident visa not a work permit. IMTA is a work permit and you must have a KITAS to obtain one.

That being said, you won't be able to get the PCC and you should do as others have suggested and submit evidence of not being able to obtain it.

 

[Gary_87]

I couldnt get a chinese police certificate without physically travelling to the city i used to live in and spend a month trying to get the PCC.

I found this out by emailing embassies in china. UK embassy (my nationality), canadian embassy, australian embassy (country of residence). ALl replied that i had to be there and its only big cities like beijing etc that can do them.

What did I do? Kept all the emails. put them together to show and back up this fact. Then i proceeded to explain why i couldnt do it. Not enough time to take off work, in the middle of studies, cost etc.

I just got my CoPR, with not an eyebrow raised about the missing PCC.

Basically, include enough proof to prove why you cant get it. Say its only for people on certain visa's. Include screenshots showing this information that can back you up. Send emails to embassys so they can corroborate your claims. Even see if there are companies that will get PCC's for people on working visas and contact them. Theyll say you cant get one. include it all and you should be fine.

 

[Britcan]

She needs to keep the proof of these attempts and submit that instead. Whoever told you it can't be waived is incorrect, if it's impossible to get, and you provide proof, it can be done. It seems IRCC is aware of this as it states right on the website you need a work permit to get a police certificate.

Have you tried any of these companies?

Yes, I have tried 2 times to contact the lawyers at ALP, but no response as yet. I think I will contact several lawyers in Indonesia and at least get a response from them that it can't be done. Do you think email is acceptable?

 

[ImABule]

Yes, I have tried 2 times to contact the lawyers at ALP, but no response as yet. I think I will contact several lawyers in Indonesia and at least get a response from them that it can't be done. Do you think email is acceptable?

Yes.

 

[Britcan]

Hello again.
I just got this response from the Indonesian Embassy in Ottawa. Is this sufficient, or should I get more proof?

Good Day,

One of the requirements to request an issuance of an Indonesian Police Record for foreign nationals is a KITAS (Limited Stay Permit Card) or a KITAP (PR Card). A KITAS or KITAP is issued for foreign nationals who intend to stay in Indonesia for more than 60 days. If your future son-in-law stays in Indonesia for years, he should at least have a KITAS. By Indonesian Immigration Law, it is not possible for someone to stay in Indonesia for years on a visit visa. There are three type of visit visa: tourist, business, and social and cultural. A tourist visa allows one to stay in Indonesia for 60 days at the maximum. Even if one uses other type of visit visa (ex. social and cultural visa), the person can only stay in Indonesia for the maximum of 180 days. Therefore, it is only logical for the Indonesian Police to request a KITAS/KITAP as it is the proof that one is/was staying in Indonesia. Indonesia Police cannot issue a Police Record for a tourist because he/she is not a resident of Indonesia.

Best Regards,
Consular Section

 

[ImABule]

Hello again.
I just got this response from the Indonesian Embassy in Ottawa. Is this sufficient, or should I get more proof?

Good Day,

One of the requirements to request an issuance of an Indonesian Police Record for foreign nationals is a KITAS (Limited Stay Permit Card) or a KITAP (PR Card). A KITAS or KITAP is issued for foreign nationals who intend to stay in Indonesia for more than 60 days. If your future son-in-law stays in Indonesia for years, he should at least have a KITAS. By Indonesian Immigration Law, it is not possible for someone to stay in Indonesia for years on a visit visa. There are three type of visit visa: tourist, business, and social and cultural. A tourist visa allows one to stay in Indonesia for 60 days at the maximum. Even if one uses other type of visit visa (ex. social and cultural visa), the person can only stay in Indonesia for the maximum of 180 days. Therefore, it is only logical for the Indonesian Police to request a KITAS/KITAP as it is the proof that one is/was staying in Indonesia. Indonesia Police cannot issue a Police Record for a tourist because he/she is not a resident of Indonesia.

Best Regards,
Consular Section

Pretty straight forward if you ask me. I'd send that and whatever response you got from the lawyer.

 

[Britcan]

Ok, thank you. So now they can show why he can't get a police check.

But how will it impact the common-law application when he reveals that he was working without the correct documentation in Indonesia? His status was "visitor." There is no record of him working there, and he has no police record. He will not misrepresent his time there on the visa application. Will this make him inadmissible?

 

[canuck_in_uk]

Ok, thank you. So now they can show why he can't get a police check.

But how will it impact the common-law application when he reveals that he was working without the correct documentation in Indonesia? His status was "visitor." There is no record of him working there, and he has no police record. He will not misrepresent his time there on the visa application. Will this make him inadmissible?

He needs to be completely honest about the illegal work. It will not effect the PR app

 

[ImABule]

He needs to be completely honest about the illegal work. It will not effect the PR app

Agreed.

If you do not disclose the illegal work they will likely be suspicious of how he was able to support himself living in Indonesia for so long and flying in and out of the country on visa runs every 30 or 60 days which is funny because I'm about to do the same thing lol. Not the illegal work, but fly out and fly back in for new 30 days lol.

 

[Britcan]

Agreed.

If you do not disclose the illegal work they will likely be suspicious of how he was able to support himself living in Indonesia for so long and flying in and out of the country on visa runs every 30 or 60 days which is funny because I'm about to do the same thing lol. Not the illegal work, but fly out and fly back in for new 30 days lol.

It seems many, many people do the same thing - for years, and are greeted warmly at the airport by the authorities who recognize them!

So when he checks the "status" box on the general application - should he put "visitor" for when he lived in Indonesia? Or Other? - and then explain in the "other" box as "undocumented worker", or just leave it as visitor and write a letter? Really want to get this right the first time, so sorry if too many questions!

 

[canuck_in_uk]

It seems many, many people do the same thing - for years, and are greeted warmly at the airport by the authorities who recognize them!

So when he checks the "status" box on the general application - should he put "visitor" for when he lived in Indonesia? Or Other? - and then explain in the "other" box as "undocumented worker", or just leave it as visitor and write a letter? Really want to get this right the first time, so sorry if too many questions!

His status was visitor, so he needs to put that. He doesn't need to outright declare "I worked illegally" or write a letter of explanation. IRCC will see this when he fills in his personal history, as it asks for his work info and status in the country at the time.

 

[Britcan]

His status was visitor, so he needs to put that. He doesn't need to outright declare "I worked illegally" or write a letter of explanation. IRCC will see this when he fills in his personal history, as it asks for his work info and status in the country at the time.

Do you think this will mean that he will be called in for an interview to explain? (He's visiting in Canada right now, and we would do an outland application through Australia, so trying to avoid a trip, if possible.