Some specific Q's about application | Police Checks and Common-law

[BritInCanda]

Hi all,

Just had a look around the forums for answers to these, though there are so many threads I wasn't sure what related or not..

I live in Canada on a TWP. I've been here for just over 2 years now and am putting together my application for PR under the CEC. Just have the English IELTS to do this weekend..

So my first Q is regarding the police check. When I applied for the TWP from the UK I supplied a police certificate. I was then granted the TWP and moved out here a couple of months after the police certificate. Do I still need to get a fresh certificate, even though I haven't lived in the UK (bar a couple of months) since the last certificate?

If I do have to get one, do I have to put my Canadian address on the police application form, or do they just want my old UK addresses?

As well as the UK check, should I also get one for Canada? I'm assuming that this would be more important than the UK one seeing as i moved away from the UK so soon after getting the UK certificate.

My other question is regarding common-law. I'm engaged to a Canadian citizen who has lived here all her life. We have been living together over a year and get married in September this year. When the forms ask about common-law etc, do they also include Canadian Citizens? I.E where ever it requires common-law info, do i have to put all her details down?

I'm pretty sure I will have a bunch of other questions, though these are the couple that i'm struggling to get information on.

any help you can give would be great Thanks in advance.

 

[jsm0085]

Hi all,

Just had a look around the forums for answers to these, though there are so many threads I wasn't sure what related or not..

I live in Canada on a TWP. I've been here for just over 2 years now and am putting together my application for PR under the CEC. Just have the English IELTS to do this weekend..

So my first Q is regarding the police check. When I applied for the TWP from the UK I supplied a police certificate. I was then granted the TWP and moved out here a couple of months after the police certificate. Do I still need to get a fresh certificate, even though I haven't lived in the UK (bar a couple of months) since the last certificate?

-- Yes

If I do have to get one, do I have to put my Canadian address on the police application form, or do they just want my old UK addresses?

-- What do you think? Put your current address where it asks for your current address and put old addresses where it may ask for them!

As well as the UK check, should I also get one for Canada? I'm assuming that this would be more important than the UK one seeing as i moved away from the UK so soon after getting the UK certificate.

-- No. Have you even read the info on pcc for the CEC application? It clearly tells you that you are not required to get one from Canada initially.

My other question is regarding common-law. I'm engaged to a Canadian citizen who has lived here all her life. We have been living together over a year and get married in September this year. When the forms ask about common-law etc, do they also include Canadian Citizens? I.E where ever it requires common-law info, do i have to put all her details down?

-- They include anyone who is common law, yes.

I'm pretty sure I will have a bunch of other questions, though these are the couple that i'm struggling to get information on.

any help you can give would be great Thanks in advance.

 

[BritInCanda]

Hi JSM...

Thanks for the reply....sort of... If I had have assumed they were so obvious do you think I would have asked? In such an important process is it not wise to clarify with people who have gone through the entire process?

When they perform a check in the UK a lot of it is based off your UK addresses. There are no records, such as council tax & electoral registrations for my Canadian addresses. They can't perform a criminal check using Canadian Addresses that I am aware of - hence the question.....

With regards to the Canadian police check - yes, I did read the CIC site, though have read so much on that site it's easy to lose track - thank you for the snotty comment though...

And the common-law question - again, a valid question. Take Generic Application form IMM008 - it specifically, and I quote, states under dependants "You must include your spouse or common-law partner, if applicable, and all of your dependent children, and those of your spouse or common-law partner, who are not already permanent residents or citizens of Canada" - NOT already.

Yet some of the other forms do not make such a distinction.

So again, it was a valid question.

If all you can do is be snotty then to be honest I would rather you didn't respond.

I see you have just sent in your application too, so at this stage you're perhaps not quite as qualified as you may think you are....

 

[jsm0085]

Hi JSM...

Thanks for the reply....sort of... If I had have assumed they were so obvious do you think I would have asked? In such an important process is it not wise to clarify with people who have gone through the entire process?

When they perform a check in the UK a lot of it is based off your UK addresses. There are no records, such as council tax & electoral registrations for my Canadian addresses. They can't perform a criminal check using Canadian Addresses that I am aware of - hence the question.....

-- I'm British, I know exactly what the checks entail. The system is advanced so once they locate you, they know all your addresses. You obviously have to give them your Canadian address, otherwise, they cannot send the certificates to you. As I pointed out, when it asks for your current address, provide Canadian. When it asks for your previous UK addresses, provide them.

With regards to the Canadian police check - yes, I did read the CIC site, though have read so much on that site it's easy to lose track - thank you for the snotty comment though...

-- It's not snooty. People come to this forum looking for advice which is great - it's what it is for. However, the checklist for CEC tells you exactly what you need, clearly. I emphasize this as it's the best advice you can get - initially. While this site is great for advice, especially areas that aren't clear from CIC guidance, the basis ARE covered on their website and if everyone followed it, things would be easier for all applicants.


And the common-law question - again, a valid question. Take Generic Application form IMM008 - it specifically, and I quote, states under dependants "You must include your spouse or common-law partner, if applicable, and all of your dependent children, and those of your spouse or common-law partner, who are not already permanent residents or citizens of Canada" - NOT already.

Yet some of the other forms do not make such a distinction.

So again, it was a valid question.

If all you can do is be snotty then to be honest I would rather you didn't respond.

I see you have just sent in your application too, so at this stage you're perhaps not quite as qualified as you may think you are....

Qualified? I didn't claim to be qualified in anything. You are asking questions that aren't complicated and I've pointed out that clear guidance is available. I'm sorry you don't like the answer - but that is your issue. Go see an immigration lawyer if you want "qualified" answers. You are on a forum, people will answer, whether you like it or not.

It amazes me that people come on forums, ask basis questions and get annoyed by basic answers.... I'm snooty for my response? If you had taken the time to actually read the guidance and do a quick search on this forum, you wouldn't have had to ask the questions - as the answers are readily available.

 

[steveholt]

And the common-law question - again, a valid question. Take Generic Application form IMM008 - it specifically, and I quote, states under dependants "You must include your spouse or common-law partner, if applicable, and all of your dependent children, and those of your spouse or common-law partner, who are not already permanent residents or citizens of Canada" - NOT already.

Someone (I think Jes_ON) answered this in a thread I started recently and I also called CIC to confirm. Their response was that on IMM0008 if your spouse is already Canadian you do list them as your spouse in 'your' details but you do not add them as a co-applicant (that is where you add an additional page). Do however include a note highlighting this in a cover letter and a copy of their proof of nationality (passport, birth certificate, etc.).

Additionally you do not have to fill out the background declaration, additional family info etc. for the spouse (other than again listing them on 'your' additional family info form). The call centre staff also advised me that you do not need to include the statutory declaration of common-law union and supporting documentation BUT they had to put me on hold for another 10 minutes to determine that so I ultimately chose to include it in case the assessing VO disagrees with their interpretation (or more likely the officers doing the initial check that everything is present in Sydney).

I only submitted my application a week or two ago so I am still nervously waiting to find out if this was indeed the correct approach but it's the advice I got both here and via the CIC call centre. I agree that it's pretty unclear what is and isn't required when applying via CEC and you have a spouse who is already Canadian, the only form that even hints at there being a distinction in how this is handled is IMM0008 even though based on the advice I have received the same applies to the rest of the forms as well.

/edit: Apparently I am not allowed to post links but search for the thread titled "Correct forms/fee for application with spouse who is already a Canadian Citizen" which is where I originally asked this question.