Confusing criminal background check

Canada Immigration Forum (discussion group)


 
       
Subject: Confusing criminal background check
  Hi

I am currently sponsoring my wife to come to Canada from Japan.
I am confused about two seemingly contradictory instructions in the paperwork of the principal applicant.

A CIC representative told me that IMM 001 authorizes CIC to share information with other agencies, such as police. So, CIC can do a criminal background check for my wife for the period when she was in Canada. The person from CIC said that we don´t need to concern our selves with getting a criminal record check done.

BUT I pointed out to the person at CIC

Appendix B tells us that we need to obtain finger prints and send them to the RCMP because my wife has lived in Canada for 6 months or more since she was 18. (in her case, Japan and Canada)

Here´s the next problem:

The RCMP website
http://www.rcmp-grc.gc.ca/crimrec/finger2_e.htm#Obtain
says we should use the fingerprint forms of the Tokyo Police, but the Tokyo police refuse to do a finger print for the RCMP unless the RCMP or CIC provide a form. A CIC call center person, rather rudely, said it´s not CIC´s problem. So I have phoned, emailed, and written a letter to the RCMP asking what form we should use. But they have not responded for six weeks. So, I decided to go to my local RCMP station and get a C-216C form, which are supposed to be used for fingerprints done inside Canada. I mailed the form and my wife took it to the Tokyo police station. The Tokyo police said they would take her prints, but they refused to sign or address the form, which is required by the RCMP. So my wife sent the fingerprints along with a coverletter explaining our situation to the RCMP Indentification Services in Ottawa.

I am stressed out and tired of dealing with the dismissive and sometimes blatently rude people at CIC. Is anyone else having problems with this part of the process? Is anyone else having problems with rude/ignorant/dismissive people at CIC?

Sorry if this is a long post.
Thanks for any help
Paul

[12-07-2005,01:30]
[***.161.25.37]
Paul
(in reply to: Confusing criminal background check)
Paul,

1. I am sponsoring my wife from Colombia, and have never seen the IMM 001 form.

2. I have called the CIC call center a several times, and I think I am more upset than you. One guy gave me two different answers to the same question, on the same phone call, and then told me that I am confused, and that he is only trying to help. I found them to be rude, unless you ask them a question that you should already know the answer to. Like "do police clearances have to be originals?" and they will happily say "yes sir".

Perhaps whoever told you about the criminal check not required in Canada is correct... I don´t know. If you are still in a bind, and it is the only thing holding you back, try sending the application into the CIC Miss processing centre, with a note explaining what happened, and be sure to check the box that shows you will get refunded if it is refused. At the worst, it will cost you $75.

Another thing, is to call your MP (actually, walking in the MPs office is best). Tell he or she that you are not trying to do a short cut or whatever, but that you are in a serious bind and you have a very SIMPLE matter that CIC is unable to resolve. The MPs office can´t just say "this is not our problem" as it is... they represent you to your government. Remind them of this if they try to push you out the door.

My old MP in Hamilton, had two assitants that were very helpful to me. They told me that there was nothing they could do to help me speed up the immigration (which was my first question) but they told me that they would answer any question I had. I gave them a bunch... the one lady had a contact at CIC, and I got very direct, very quick answers.

Similarily my MPP was able to help me with getting married in Colombia, by speeding up me getting my notice of search and birth registration (which I was told would take 18 weeks!!!) I got it in 2 days. They had a phone number at the registrar gereral that I didn´t.

Just go in, and hit them with the same question you asked in your post. Demand that they help you. They most likely will so you can be real polite at first, and if they don´t help, go a little crazy... it works. They have phone numbers of people you don´t, and may get this answered for you within a couple days.

As the saying goes: Make your MP work - don´t re-elect him.

Dave

[12-07-2005,02:46]
[***.116.148.101]
dave
(in reply to: Confusing criminal background check)
There is no form with IMM 001 name.

Rana

[12-07-2005,03:16]
[**.160.255.13]
rana
(in reply to: Confusing criminal background check)
Dear Paul,

arslanrana@yahoo.com
Mail me at above address, I´ll send you the Canadian Official Request for Police Certificates form.

Rana

[12-07-2005,03:39]
[**.160.255.13]
rana
(in reply to: Confusing criminal background check)
Moreover

Applications can be made by contacting:
The Prefectural Police
Headquarters Identification Section

Residents of Tokyo can contact:
Police Certificate Sub-Section,
1st Foreign Affairs Section
Tokyo Metropolitan Police Department

Applicants must provide:
1. Copy of valid passport (Carry original passport when applying in person)
2. Letter from Canadian Immigration indicating reason for the request
3. Residential addresses for your stay in Japan
4. self-address envelope purchased from the Post Office (such as a Priority Courier Envelope or Express Post, etc.) for the delivery of the results.


Rana

[12-07-2005,03:51]
[**.160.255.13]
rana
Correction (in reply to: Confusing criminal background check)
Thanks for the advice Dave and Rana

Sorry, in my former post, I meant IMM 0008 Schedule 1..... not IMM 0001.

Dave, I plan on meeting with my MP as soon as I can figure out when she is actually in her office.

Rana, my wife did go to the Tokyo Metropolitan Police Department to get the fingerprints. Previously, she had done her criminal background check there for Japan, which is also required by CIC in Appendix B. However, for some unexpected reason, the Japanese police refused to do fingerprints for the RCMP criminal background check. They stated that they don´t even have "forms" anymore because they use a computer for fingerprinting and also it is "not their responsibility to take fingerprints for the RCMP".

I am curious Rana, where did you got the Canadian Official Request for Police Certificates from?

My wife already mailed her fingerprints (unsigned by Tokyo police though) to the RCMP. However, we didn´t include a self-addressed envelope because we understood that they will be releasing the information to CIC.. not us. Hopefully that doesn´t screw the process up.

Thanks again for your help
Paul

[12-07-2005,11:18]
[***.161.108.144]
Paul
(in reply to: Confusing criminal background check)
Paul,

Your MP will have hired assitants in her office that do all the work anyway. Give them a try, they may be able to help.

Chances are, they will have experience with desperate people wanting info about immigration.

Even if you MP is there, she may not speak to you.... they are good at deflecting this kind of thing to there assistants.

Good luck,

Dave

[12-07-2005,21:10]
[***.116.148.101]
dave
Updates? (in reply to: Confusing criminal background check)
Paul,

Just wondering if you could let me know how things are going with your application, as I´m in precisely the same situation.

Thanks,

Chris
cnell46(at) hotmail.com

[25-08-2005,02:53]
[***.147.139.141]
Chris Nell
Update (in reply to: Confusing criminal background check)
Hi Chris

I contacted the assistant of my MP back in July. He then contacted the acting Regional Immigration director and told him about my situation. This was the response I got:

"Due to the way the legislation of the Immigration Act applies in this situation the Immigration Department is unable to "direct" the RCMP regarding security background checks. They do appreciate the nature of this problem and have come across it before in other countries."

My MPs assistant has now sent a letter to the RCMP pointing out the problem. I´ve been told that if the RCMP´s response is not "to the MP´s liking", then they will take the issue directly to the Minister of Immigration, Joe Volpe. I will be contacting my MPs office soon for an update, and I post my findings on this link.

Hope this helps. If you have any more questions, I will try to help. Also, if you find out some info, please share. Thanks

Paul


[25-08-2005,03:47]
[***.161.33.43]
Paul
background check on my citizenship application (in reply to: Confusing criminal background check)
i applied for canadian citizenship more than 3 years ago.when ever i call the calling center, the only response they give me is that my case is under process and they are doing my background check.i will appreciate if some one can help me that what kind of background check will need such a long time and what option i have to deal with this situation. i already tried through the MP office but no help.
khan

[21-01-2006,02:02]
[**.137.143.126]
khan
background check (in reply to: Confusing criminal background check)
Hey Khan

You are applying for citizenship? I think this is a different process than applying for permanent residence. From what I know, you need to be already a permanent resident to apply for citizenship.

However, 3 years is an incredibly long time. First off, the call centre is next to useless. Most of the times I called, they just recited the same stuff I already found on the Internet, which didn´t answer my questions.

Second, getting in contact with the RCMP is a major difficulty. I my case, there was a 3 month delay in their response. If you followed the instructions for the criminal backgound check you should be okay. If you weren´t able to follow the instructions (due to authorities in the applicants country) then you need to speak to your MP´s office. If your MP won´t act, then I would try another MP in your area. If they won´t act, then I would try to find the senior MP for your province and contact them. If that doesn´t work, email or write a letter to the Minister of Immigration and the Immigration Critic for the official opposition.

These links will describe what needs to be done for a criminal background check when applying for permanent residence:

CIC Website
(Note: this link is only if you are sponsoring under Family Class)
http://www.cic.gc.ca/english/applications/fc.html#sponsor

Go to "Part C" Region Specific forms. Click on the region where the applicant coming from. Then you will need to find the "Police Clearance" in that form.

RCMP website:
http://www.rcmp-grc.gc.ca/crimrec/finger2_e.htm#Obtain

I hope this helps.

For the others who responded to my original post, I would like to say thanks, especially Dave who sent me in the right direction. My wife and I have completed the immigration process and she will be returning shortly! Yeah!!!!!

Take Care

Paul

[21-01-2006,11:31]
[***.161.105.246]
Paul