Police Clearance from previous country of citizenship ?

[canadavisa2018]

Do I need Police Clearance from previous country of citizenship ?

Landing date: April-2015
Eligible to apply for Citizenship : April-2018

Was citizen of previous country of citizenship.
Living in country of citizenship before April-2015

Online Physical Presence Calculator calculated:

Your intelligibility period is 2013--05--01 to 2018--05--01,you will need this for your application form.

so If I needs to fill in 2013 and 2014, that also means I needs to give PC for that it, as it still falls in past 4 years (Question 10a and 10b)


DO I have to wait for 1 more year to avoid getting PC process or can apply without one ?

 

[oomuchi]

Do I need Police Clearance from previous country of citizenship ?


Landing date: April-2015
Eligible to apply for Citizenship : April-2018

Was citizen of previous country of citizenship.
Living in country of citizenship ?

You will only need if, during your 5 years (eligibility period), you spent 6 months outside of Canada.
Before landing (April-2015) you have 2014/2013 to explain where you have lived / worked.

 

[Seym]

You will only need if, during your 5 years (eligibility period), you spent 6 months outside of Canada.
Before landing (April-2015) you have 2014/2013 to explain where you have lived / worked.

It's actually 4 years not 5 for the PCC checks.

@canadavisa2018 yup, you need that PCC since you've spent more than 183 days in your home country between april 2014 and today.
And no, you can't apply without it. Your application will either be returned before AOR for a missing document, or if for some reason, you do receive that AOR, you will be asked for it at some point (could be the interview).

 

[ChippyBoy]

IRCC can actually ask for a pcc from any country which the applicant's been in, ever. The 183d rule covering the last 4yrs prior to the application's date is a hard-&-fast rule, but IRCC officers always have the legal right to request/require anything they want, documentary-evidence wise, from any applicant.

 

[ZingyDNA]

IRCC can actually ask for a pcc from any country which the applicant's been in, ever. The 183d rule covering the last 4yrs prior to the application's date is a hard-&-fast rule, but IRCC officers always have the legal right to request/require anything they want, documentary-evidence wise, from any applicant.

You sure? Even if you haven't stayed 183 days total in any countries in the 4 years before application, they might still ask you for a police report? Has this happened in this forum?

 

[ChippyBoy]

You sure? Even if you haven't stayed 183 days total in any countries in the 4 years before application, they might still ask you for a police report? Has this happened in this forum?

They retain the legal right to ask for absolutely any document they desire if they want to, certainly, in the pursuit of their official mission to vet any applicant whomsoever more closely if they choose to. Perhaps the eminent sources of @dpenabill &/or @spyfy can verify this for you.

 

[dpenabill]

You sure? Even if you haven't stayed 183 days total in any countries in the 4 years before application, they might still ask you for a police report? Has this happened in this forum?

I am not sure of the precise circumstances in every forum reported case in which applicants have been required to submit a police clearance AFTER an interview, and thus cannot say for sure that any forum participants have been required to provide the clearance despite having spent fewer than 183 days in that country within the four years prior to applying. There are, nonetheless, some indications this has happened to some asked for a U.S. FBI clearance.

BUT there is no doubt about IRCC being able to ask for a police clearance regardless of the extent of time spent in another country. The only limitation is that the request is reasonable. (IRCC cannot impose unreasonable requirements.) Meaning it is reasonably based on citizenship application requirements.

In particular, there is no reason to doubt that IRCC might ask for a police clearance from any applicant if IRCC perceives a possibility the applicant has some criminal history in another country . . . which, for example, could be for indications of a criminal charge arising AFTER the application was made or during the four years prior to the date the application was made.

I disagree a bit with the characterization that the 183 day rule (within the last 4 yrs prior to the application's date) is a "hard-&-fast rule," since actually it is merely an ADMINISTRATIVE policy incorporated into what is required to make an application. The hard and fast rule is the statutory prohibition, Section 22(3) Citizenship Act (should link), which prescribes that a conviction abroad during the four years prior to the date the application was made, or during the period of time after the application is made and prior to taking the oath, constitutes a prohibition.

Since the applicant has the burden of proof, including the burden of proving NO prohibitions, IRCC obviously has authority to ask applicants provide police certificates from any country in which the applicant has any significant contacts, in order to prove no prohibitions based on criminal charges in such countries.

IRCC (like CIC before it) has made an ADMINISTRATIVE decision to routinely ask for the clearance WITH the application for those whose contacts in another country are shown by a total presence there of 183 or more days within the preceding four years.