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another police cert

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sami55 View Drop Down
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    Posted: 01 Dec 2010 at 12:30pm
I sent in my uk police cert dated DEC 2009 within the P R app package

London is now asking for another Police cert even though I have been living in Canada since the last one was issued.

A new UK police cert will not have any different info as I have not been in UK since the last one was issued

Has anyone else also had to go thru this? did you feel that it is unreasonable?

I submitted the original shedule 01 form with the PR app package.I attached a separate sheet for q11 personal history as it has a lot of info. then....
London asked for MORE info about q11 (the personal history) to which I replied on a typed out sheet of paper (rather than on original form, which would not have enough space anyway)...now they are asking for another original schedule 01 again CAUSING GREAT UNREASONABLE DELAY IN MY CASE.
has this happened to you? did you feel it is unreasonable?
my case has been delayed unfairly? unreasonably?

my UK police cert says further information stepped down
London is asking for details of that info stepped down
has any one else also had to get that? how long did it take?
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rbenoit View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote rbenoit Quote  Post ReplyReply Direct Link To This Post Posted: 01 Dec 2010 at 2:06pm
I believe a police cert is only valid for uop to one year.
Therefore the UK police cert dated Dec 2009 is pretty much reached the end of its valid period.
You will most likely find that many people have been asked to submit new police certs. Especially anyone who has had to go through an appeal process.
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dpenabill View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote dpenabill Quote  Post ReplyReply Direct Link To This Post Posted: 02 Dec 2010 at 4:24am
The applicant has little recourse even if the process is "unreasonable." It is the sponsor who has a right of appeal.

I am not sure how an applicant would go about informing the Visa Office that all necessary documents and information has been submitted and simply ask for a decision, but I suppose that one way or another an applicant can push for that (perhaps the sponsor can push through the MP). The result, in such an instance, is quite predictable: application denied or deemed withdrawn. Then the sponsor has a right to appeal. Even if this is a second go round.

On the other hand, however, it appears that there is some criminal history in your background, and so their effort appears to be directed at clarifying the nature and severity of that. Apparently some procedural action has been taken, the charge "stepped down" you say, for which they want clarification. Indeed, it appears they want a new police certificate in an attempt to obtain a clear showing of just what is in your record and what the underlying offence was about, and they want you to submit a formally completed, updated background disclosure, and they undoubtedly want it in the format provided in the applicable form . . . and since you start the form with the most recent information, in particular what is to be set out in the form itself will be what you have been doing most recently and then you continue to give those details for the respective older background on an additional sheet. The information on the additional sheet should be organized very much like it is in the form itself, at least so they can clearly discern the relevant dates (going from more recent to oldest), the pertinent information (be it q11 as to activity, or the other items) and related details.

Frankly, whether or not it is unreasonable depends on all the circumstances and why they are requesting the additional input. As I alluded to initially, if it is unreasonable that is something to be addressed on appeal, or the sponsor may plead with the sponsor's MP seeking some intervention (usually to little or no avail; at best most MPs only provide an avenue for obtaining information, though some reports do indicate the occasional MP who pushes the right buttons to get things done).

I'd note that obviously something is awry, perhaps some questions or doubts about the extent to which you disclosed the underlying event giving rise to the criminal history. If you step back a bit and try to objectively evaluate why and what, you should be able to discern what the issue is, and if you can do that, it may be a good idea to simply get that on the table and explain your side of it.

But, bottom line, if you want to immigrate to live in Canada as a Permanent Resident, well, you pretty much have to play the game by their rules. That's how it works. Best to just get the necessary documents and information submitted and move on with this.   


Bureaucracy is what bureaucracy does, or When in doubt, follow the instructions. Otherwise, follow the instructions.



BTW: Not an expert, not a Can. lawyer, never worked in immigration
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sami55 View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote sami55 Quote  Post ReplyReply Direct Link To This Post Posted: 02 Dec 2010 at 10:01am
Thank you for your reply
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rc View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote rc Quote  Post ReplyReply Direct Link To This Post Posted: 03 Dec 2010 at 1:29am
A police certificate is only valid for 6 months and has to be submitted within the first 3 months of issuance. The reason they are asking for a new one is because the last one has expired and they are afraid that any audit would catch that. Sami55, your best way is to submit all this as soon as possible. I know it could be frustrating but nothing can be done. So be strong and have faith. I will be over soon :-) 
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