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Police Certificate requirement for countries where an individual spent 6+ months

IN888658S

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Jul 10, 2015
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Hi neutral, dpenabill,
It is hard to believe but it is true. The e-cas system was updated just today, and it mentioned that they have sent the notice to appear letter yesterday (Jul 11) for me to appear for the oath ceremony. My revised oath ceremony is on Saturday, Aug 22, 2015.

There is a foot note in my e-CAS that mentions that some oath ceremony events are scheduled on Saturdays and Sundays. I just hope that there are no more surprises - so there is no ask from them for Police clearance certificates for my in-process application prior to Jun 10th.

Thank you all for bearing with my posts during the weekend!

Regards,
IN888658S
 

dpenabill

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Apr 2, 2010
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As noted already, there is no clear indication that the delay you encountered in particular, IN888658S, is related to the expanded scope of the prohibitions provisions which came into force June 11, 2015. There are many reasons (and oft times no apparent reason) why some applicants encounter a delay in the scheduling of the oath.

But of course the delay could be due to whatever screening CIC is implementing to assure that applicants who applied prior to June 11, 2015 do not have a prohibition under the expanded prohibitions.

I was about to post and say there is no point spinning one's wheels much in anticipation. There will be reports in this or other forums in the near future illuminating more about what CIC is doing and requiring from applicants. Or, you will find out soon yourself from CIC and can be among those who report and illuminate how this is unfolding for others.

But then you posted this:

IN888658S said:
It is hard to believe but it is true. The e-cas system was updated just today, and it mentioned that they have sent the notice to appear letter yesterday (Jul 11) for me to appear for the oath ceremony. My revised oath ceremony is on Saturday, Aug 22, 2015.

There is a foot note in my e-CAS that mentions that some oath ceremony events are scheduled on Saturdays and Sundays. I just hope that there are no more surprises - so there is no ask from them for Police clearance certificates for my in-process application prior to Jun 10th.
First: Congratulations!

Secondly, this suggests that once the new provisions came into force June 11, 2015, there was perhaps a bit of a delay while further background checks were done. These can be done quite quickly to the extent they are using name-record checks. I suspect this is what was done. That is good news.

You will (almost always) still be required to sign an affirmation of no prohibitions just before the oath. Typically those scheduled for the oath go through a line in which they surrender the PR card, are given some written information, and are required to sign the affirmation of no prohibitions. This has been standard for at least a couple years now.

It is almost certain that the form you will have to sign is different than the one I signed last year. It will be helpful if you look at the form closely and can report back its content. This will not be easy, the line tends to move quite quickly, all these things are largely perfunctory, and it can feel awkward to take the time to actually read the form. But, if you can glean the gist of it, a report will be of interest to others.

There may also be some additional information in the communication you will receive regarding your scheduled oath. This will of course include instructions such as what to bring (many times much of this is not so much as glanced at, but still best to follow the instructions -- the PR card is the big item). But it may include more specific information relative to the prohibitions regarding which you will be required to affirm there are none. If so, again a report would be appreciated.


Your being scheduled for the oath suggests that the answer to the question about police certificates requests is negative, at least for many if not most (since you indicated you are among applicants who declared 183+ days absences abroad in the relevant time frame). Beyond that, though, of course it will require multiple reports, from applicants in various circumstances, to get a clearer picture regarding just what CIC will do to enforce the new prohibitions for those applicants who applied before June 11, 2015, and thus did not complete a prohibitions checklist covering the expanded time frame and inclusion of foreign offences.

For clarity:

IN888658S said:
Just so that I understand this clearly, you implied that in-process applicants will receive some kind of form request (before their oath ceremony? during the oath ceremony?) from CIC to sign a form based on this Bill. The content of this form could gave details that would pertain to prohibitions based on the assessment of CIC on case by case basis. You are requesting us to share those experiences here. Please ascertain.
At the time of your interview, you almost certainly (although sometimes things vary in individual cases) had to sign a form affirming that you have no prohibitions. If you had been scheduled for the oath before June 11, 2015, you would have had to sign the same form again. (For example, I had to sign these forms twice in less than 48 hours, since my oath was scheduled to take place less than 48 hours after my interview took place.)

I do not recall the content of the forms at the time I signed them (that was back in early 2014), beyond the fact that I was affirming there were no prohibitions precluding me from being granted citizenship. I am actually more familiar with this from reading Federal Court decisions (including those that led CIC to require the affirmation immediately prior to the oath as well in interviews).

My best recollection is that the form referenced the prohibitions listed in the application form, and the applicant's signature constituted an affirmation that the applicant's knows and understands the prohibitions, and that there are none.

So the fact that you will be required to sign such a form before the oath is NOT new.

What is new, what is different, is that the applicable prohibitions now are not limited to those listed in the application (submitted by those who applied prior to June 11). In particular, the time frame is expanded (to four rather than three years), and now foreign offences will constitute a prohibition.

Since the law imposes a positive duty on CIC to verify that the applicant is qualified, including not prohibited, CIC has to do some due diligence screening to assure all applicants are not subject to a prohibition, even those applicants who applied years ago (before the SCCA was even tabled, let alone adopted, let alone became effective).

The least this is likely to be is the revision of the form to be signed at the time of the interview and before the oath. There have been reports of new forms for the oath, but these reports have not illuminated much beyond the fact of this happening . . . no reliable detail regarding the content (there were some obviously false reports of pre-June 11 applicants being required to affirm intent to reside in Canada).

So, at the least (it is safe to anticipate), before you take the oath you will be required to sign a form affirming there are no prohibitions precluding you from the grant of citizenship, which in essence, in form, is much like CIC has been doing for about two years (or so, I do not recall for sure when the policy requiring this affirmation at both the interview and immediately before the oath was implemented . . . before 2014 anyway). The form you will be required to sign, however, is likely to be at least somewhat different, likely to include some kind of notice, if not enumeration, of the changes to the prohibitions, including the expanded time frame and applicability to foreign offences.

The real question, though, is what more might CIC require?

And your post suggests that that may be no more than a further background name-record check, which does not usually cause more than a few weeks delay.

Of course it will take a lot more reports, for applicants in a variety of circumstances, before it can be concluded that only a further background check ("clearance") is being done . . . well, that in conjunction with (I am quite confident) you will have to sign a form affirming you are not the subject of any prohibition including the expanded prohibitions.




IN888658S said:
What is puzzling for me though, is the fingerprints are required for FBI Identity History Summary. So, really CIC can't do that on their own as we didn't provide fingerprints. If they have to go this route then they have to request it from us. If not, I think they would do a National Instant Criminal Background Check, which hopefully would have a shorter turnaround from FBI!
This may not be a question you have now, given that you have been scheduled for the oath, but anyway:

The equivalent of a U.S. NCIC name-record check is indeed done easily, quickly, and often. It is part of the periodic GCMS check done at every action step in the process.

But both the U.S. and the RCMP criminal records data-bases are layered. The routine name-records check identifies arrests and dispositions. There are more robust records which, for example, will identify individuals who have been the subject of criminal investigations, are suspects, and so on, even if there has been no official law enforcement contact let alone arrest or court case. For obvious reasons, CIC (and the RCMP) do not disclose just what is examined and considered when a formal clearance referral is made, but it is safe to infer it is a name-record check plus.

I suspect the latter was done for you relative to the change in prohibitions. The referrals for these clearances is routine. It is done at the commencement of the application process for all applicants. After a certain amount of time, CIC will often make a referral for an updated clearance. And, given the expansion in prohibitions, it appears that CIC likely also made such a referral for you. No big deal. Obviously, a short delay and now you are on track again to take the oath.

So, again, congratulations.
 

neutral

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IN888658S said:
Hi neutral, dpenabill,
It is hard to believe but it is true. The e-cas system was updated just today, and it mentioned that they have sent the notice to appear letter yesterday (Jul 11) for me to appear for the oath ceremony. My revised oath ceremony is on Saturday, Aug 22, 2015.

There is a foot note in my e-CAS that mentions that some oath ceremony events are scheduled on Saturdays and Sundays. I just hope that there are no more surprises - so there is no ask from them for Police clearance certificates for my in-process application prior to Jun 10th.

Thank you all for bearing with my posts during the weekend!

Regards,
IN888658S
Congratulations !!!

I told you :D We have to stop the paranoia and let CIC do their job.
 

IN888658S

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Jul 10, 2015
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Hi dpenabill,

Thank you, much appreciated.

I don't clearly understand the root cause of the delay - It could be due to several reasons. It could be related to the bill, where CIC was proceeding with caution. Or perhaps, what might have come into play is my extended family providing my apartment address for their Permanent Residence first time settlement. The CIC could have done a name check plus on them and their association with me, that may have caused the delay.

I will try and capture the contents of the forms that I might be signing affirming that there are no prohibitions for granting me the citiizenship. BTW, would such a form not be available on the CIC site for us to review beforehand.

Regards,
IN888658S
 

IN888658S

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Jul 10, 2015
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Hi neutral,
Nope, I confirmed with the CIC officer who called me and later checked on the site for oath ceremony dates. June 12th oath ceremony was not cancelled for everyone. It was cancelled for me for the reason, as per the CIC officer - "additional information". Thanks.

Regards,
IN888658S
 

dpenabill

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Apr 2, 2010
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It is often difficult to discern the reason for CIC's actions on a particular application.

Sometimes the cause or reason is apparent, but many times there is simply no way to know.

It could have been the 183+ days abroad in the residency calculation that triggered, as has been discussed, an additional background clearance. But there is no way to know for sure.

At the least, though, this suggest there are no systematic delays for all still-in-process pre-June-11 applicants due to the new, expanded prohibitions provisions, and perhaps only minimal delays for some applicants.

Enjoy the oath ceremony.
 

IN888658S

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Hi dpenabill,

I received the Notice to appear for the oath ceremony today. There is a notice page in the letter that talks about changes to the Citizenship Act, Section 22, effective June 11, 2015. This is in addition to the prohibitions (conditions) CIT 0039 form that has a set of 14 questions. It is a little different and more exhaustive than the Prohibitions identified in the Citizenship application. Perhaps, CIC wants us to sign the new version as a result of the bill coming into effect. Thanks.

Regards,
IN888658S
 

dpenabill

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IN888658S said:
Hi dpenabill,

I received the Notice to appear for the oath ceremony today. There is a notice page in the letter that talks about changes to the Citizenship Act, Section 22, effective June 11, 2015. This is in addition to the prohibitions (conditions) CIT 0039 form that has a set of 14 questions. It is a little different and more exhaustive than the Prohibitions identified in the Citizenship application. Perhaps, CIC wants us to sign the new version as a result of the bill coming into effect. Thanks.

Regards,
IN888658S
Thank you for this report. It does indeed better illuminate the process.

Note: There are some other topics in the forum where the CIT 0039 form is discussed. See, for example, the topic titled "Prohibitions under the Citizenship Act(CIT 0039)" and "Test Invite with from CIT0039 ?? is this normal ?"

Thus, I obviously overlooked those reports when I observed, above, that I had not seen detailed reports of the new forms. CIT 0039 itself predates the SCCA changes to the Citizenship Act, but obviously there is a new version being used since June 11, 2015 and it is being distributed to more applicants. Those reports do not offer much more detail, but like your report they identify the key element: applicants are required to respond based on the full list of prohibitions (including the newly added, expanded prohibitions), not merely a general affirmation that there are no prohibitions.

At least two questions remain:

Question one is whether or not the CIT 0039 is now being distributed to all pre-June-11-applicants.

Question two, which you can answer IN888658S, is whether or not the current CIT 0039 asks the applicant to declare whether the applicant spent 183 or more days in any country during the relevant four years (or since four years prior to the date of applying).

In particular, it will be appreciated, IN888658S, if you could look at your 0039 form and confirm that it does or does NOT ask you to declare whether you were in another country for 183 or more days.

Or, likewise, same request for a report from anyone else who has received the CIT 0039 form after June 11, please report whether the form contains a request to declare presence in another country for 183 or more days.

Another question I have is in regards to your observation that "[this form] is a little different and more exhaustive than the Prohibitions identified in the Citizenship application." Are you comparing it to the application you completed or the current application?

Additionally, does the form list the prohibitions (expanded version) and ask for a signature to affirm none apply . . . or is it structured more like Item 8 in the current application, requiring a yes or no check in a checkbox for each sub-item listed? with a box to give details if there is a "yes" checked? (Which of these could make a big difference for some applicants.)




The obvious inference is one that has been made already: at the least, CIC is requiring pre-June-11 applicants to affirm no prohibitions based on the expanded time frame and extension to foreign offences.

There are a number of other, conditional inferences which may be drawn from this information, but it would be better to reserve diving into that until after there are some answers to these questions.
 

IN888658S

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Hi dpenabill,

My CIT 0039 form doesn't require me to declare whether I was in a different country for more than 183 days. This form focuses on the prohibitions just like the one that I submitted for the citizenship application.

With regard to your question on what I have compared the CIT 0039 form with, it is with the the completed application that I submitted.

With regard to your question what the form asks me to do, it requires me to sign at the end of the form to affirm that none of the prohibitions apply.

Hope this helps.

Regards,
IN888658S
 

dpenabill

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IN888658S said:
Hi dpenabill,

My CIT 0039 form doesn't require me to declare whether I was in a different country for more than 183 days. This form focuses on the prohibitions just like the one that I submitted for the citizenship application.

With regard to your question on what I have compared the CIT 0039 form with, it is with the the completed application that I submitted.

With regard to your question what the form asks me to do, it requires me to sign at the end of the form to affirm that none of the prohibitions apply.

Hope this helps.

Regards,
IN888658S
That is good information for all other pre-June-11 applicants, and should solicit a sigh of relief. CIC can be reasonable on some occasions.

And it clarifies things for the OP of this topic: no need to declare the ME charge that would constitute a civil matter in Canada, since it is not a prohibition, and all the OP needs to do is affirm that there are no prohibitions.

Thanks for the report.
 

dpenabill

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IN888658S said:
Sorry, for my understanding, could you please advise what does "ME" and "OP" stand for. Thanks!
ME refers to Middle East and OP refers to the Original Post or Original Poster.

But since you asked, I now realize that I was thinking of and referring to the original post in another topic which is closely related to this same subject, in which the OP was asking about whether a friend would have to disclose a property default in a ME country (where such defaults may result in a criminal offence as defined by that country) before taking the oath: "Property Default is an Offence?" That discussion is specifically about what the new prohibition form contains.

For example, see (partial quote):

dpenabill said:
Obviously I agree with the suggestion to consult with a lawyer, as I too have repeatedly suggested consultation with a lawyer.


The OP's friend, apparently, did obtain the advice of a lawyer. Unfortunately the OP's post does not indicate whether the lawyer advised the "matter" is civil in Canadian law, the law of the respective ME country, or both. Nor did the OP illuminate the nature of the lawyer's advice: in a formal, paid for consultation, or in a telephonic conversation, or, whether it was an immigration lawyer, a Canadian lawyer experienced in criminal defense or prosecution, or . . .

. . .

To be clear: this is about a form that is to be signed immediately prior to taking the oath, and we do not know the precise content of that form. The precise language in the form is undisclosed here, but what that is makes all the difference.

Assuming the OP's friend consulted with a lawyer in a professional setting, so that the lawyer reviewed the relevant documents not just the OP's description, and that lawyer also is familiar with the form to be signed, the lawyer's conclusion, "this is not a problem," seems to resolve the issue for the OP's friend.

That answers the OP's original query, that is, the questions: is this an "offence" which will stop the OP's friend from getting citizenship? and the answer is no.

Unfortunately, however, that does not illuminate whether the OP's friend has to disclose the ME matter in the form, the answer to which depends as much on what the form asks as it does whether the foreign case would constitute a prohibition.

. . .



What the current pre-oath form requires?

I do not know what the current pre-oath form requires. I would like to see someone who is taking the oath, or who has taken the oath since June 11, clearly state what the current affirmation of no prohibitions form actually says. We have seen some clearly erroneous accounts, such as that the form now requires all those taking the oath to affirm an intent to reside in Canada. But we have seen no reliable accounts of what the new form actually prescribes.


The language of the form matters; indeed, it makes all the difference.
Indeed, this subject and related questions have been addressed in numerous topics, which is why your information really helps: this is currently a query of broad interest. In the other topic, I focused a lot of attention on emphasizing what the key question is:


What does the current pre-oath form require?

And you largely answered that question.

This is not necessarily an exhaustive answer. Other pre-June-11-applicants may be required to respond to more requests than signing the form you received (there is still a possibility some may be required to submit a police certificate). But since your residency calculation revealed absences for more than 183 days during the relevant time period, there is a good chance what you received is what the vast majority of pre-June-11-applicants will receive.

To be clear, the key elements of this is that pre-June-11-applicants will be required to sign an affirmation that they have no prohibitions, which is very similar to how it has been for a couple years (I had to sign a similar affirmation in early 2014 before taking the oath), and that this affirmation specifically enumerates the current prohibitions (as revised and expanded by the SCCA in effect as of June 11) . . . which now goes back four years (rather than three) and includes foreign offences (which would be an indictable offence in Canada if committed in Canada) . . . not just those listed in the applicant's original application.

Thus, it appears (based on your report) that most pre-June-11-applicants will only be required to affirm the conclusion that there are no prohibitions, rather than checking off yes or no to a list like that in the application. The difference, a significant difference, is that for applicants with a ME property default charge, for example, the application now requires checking off "yes" and including details, and then CIC evaluates the foreign charge to determine if it is for acts which would be an indictable offence in Canada. In contrast, the form only requires the applicant to affirm there are no prohibitions, so knowing that the ME charge would be a civil matter in Canada, that allows the applicant to affirm the absence of any prohibitions without further declarations as to the ME property default charge. (The former could easily lead to significant delays, if required at a later stage in the process; so this is important for some applicants.)




Overall, your contribution is a good example of how a forum like this helps to advance our collective understanding about how the process works . . . of course, CIC can change practices any day and indeed it often does, so these are always ongoing discussions and questions.