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Legal Law

Importance of the Certificate of Police and Character Authorization in Immigration

If you plan to settle permanently in any foreign country, the police clearance certificate is one of the essential documents you will need to successfully qualify for the permanent resident visa process. A police clearance certificate is issued to Indian passport holders by the relevant police authorities which covers the time period of the applicant’s stay in the particular region. If any applicant has been involved in any type of illegal activity or has been arrested for breaking the law at any time, police records indicate the full nature and rationale of the applicant’s case. In very simple words, a police clearance certificate represents how ethical or unethical her character is in the eyes of the law of the counties she has lived in after the age of 16.

Necessity and validity of the criminal record certificate in the immigration process

A prospective immigrant who is 16 years or older and currently residing in India is required to undergo their criminal check. If the candidate is an Indian citizen aged 16 or over and currently residing in India, whose passport was issued MORE THAN six months prior to the date of the immigrant visa interview, they must obtain a police clearance certificate from both the nearest Indian passport office and district police. in the area in which they reside. However, if your passport was issued LESS THAN six months before your interview date, they only need a Police Clearance Certificate from the nearest Indian Passport Office.

Factors Affecting Police Authorization Control

The following factors will impact your police clearance check:

  • Has a substantial criminal record: This means that previous records will be evaluated. A sentence(s) of 12 months or more in prison will affect your police control. In addition, a suspended sentence is considered a prison sentence.
  • He has been sentenced for flight: In the event that you have been found guilty of escaping from immigration detention (during or while in detention or if you escaped and were later detained), it may have an adverse impact on your PCC.
  • You are/were associated with a criminal group: In case you have been a member of an organization or group with a bad record and the Immigration Minister reasonably suspects your involvement in the criminal activities of the group/organization, it may affect your police control.
  • You are/were involved in any crime or offensive act: If the Immigration Minister reasonably believes that you are involved in criminal acts such as human trafficking, smuggling, genocide, sexual offences, slavery torture, a crime against humanity, a crime of grave international concern, they will makes it hard for you to get a PCC.
  • Your past records prove that you have an immoral character: If your past and present records show that you are not of good character and the country’s government believes that you may be a threat to the country, you will be denied police clearance.

Procedure to apply for police clearance certificate (India):

If you are 16 years of age or older, you may apply for a PCC at the locations listed below, depending on the associated conditions:

If you reside in India and your Indian passport was issued within the last 6 months

Apply at the Passport Office

If you are residing in India and your passport was issued more than 6 months before the visa application

You have to apply at the Passport Office and the District Police Office near your place of residence

If you are an Indian passport holder and you are staying outside of India

Local embassy or consulate confirming that you do not have a criminal record (a statement from the embassy or consulate is acceptable)

If you are an Indian passport holder and are currently residing in India, but have lived in another country (except the US).

You must apply at the passport office, the district police office of your place of residence (if the passport was issued more than 6 months before the visa application) and the country of previous residence (if available).

If you are a non-Indian immigrant visa holder residing in India

Apply at the District Police Office that serves the area of ​​your residence

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