norton

Hello Everyone,
I am a permanent resident in Australia and about to apply for citizenship in January. I am trying to sort all the paper work that will be needed.

I would like to know if anybody here has been asked to provide a police clearance certificate if they have been in than country for less than 90 days.

I have a visited a country A for 1.5 months(which no longer provides foreigners police certificate) and country B( for 12 months which provides penal clearences) Country B is not a problem at all.
I am worried about country A. I know I can provide a statutory dec but can i provide that before hand. i dont want to delay my application at all...


I know DIBP does not ask for penal clearences for countries less than 90 days stay but
the Australian citizenship instructions have conflicting information.


I have been going through the Australian citizenship instructions(2013)
www.citizenship.gov.au/_pdf/acis-july-2013.pdf
(page 60 in adobe acrobat )
Applicants who have spent more than 12 months outside Australia and more than 90 continuous days in any one country since becoming a permanent resident, need to provide overseas penal certificates from those countries (other than Australia) in which they spent more than 90 continuous days. Overseas penal certificates are not required for periods spent overseas under the age of 18 years.


Overseas penal clearance (page 123 in adobe acrobat)
Conferral applicants should be asked for an overseas penal clearance:
 from any country in which they have resided for a period of more than 90 days in the last 20 years since the applicant turned 18

and confused.....

old.sparkles

I'm not sure what the confusion is - both those quotes seem to ask for clearances from countries where you have spent more than 90 days

norton

sorry forgot to post the later part of the post

„X when the decision maker requests a certificate (see below).
Applicants for descent, resumption or full Hague adoption aged 18 and over are to provide an overseas police clearance:

„X from any country in which they have resided for a period of more than 90 days in the last 10 years since the applicant turned 18 or

„X when the decision maker requests a certificate (see below).
Original overseas penal clearance certificates should be sighted by a departmental officer and certified copies retained with the application.
Decision maker can request an overseas penal clearance

If the decision maker considers it relevant to the assessment of an applicant¡¦s claims of good character, they can request an overseas penal clearance certificate irrespective of the amount of time a person has spent overseas, or the period of time spent within a country.

Decision makers are strongly encouraged to request overseas penal clearances for a period of longer than 10 years if an applicant for descent is older than 28, and therefore has an adult period of life not covered by the 10 year time period set out on the application forms

. Decision makers should consider:
„X the age of the applicant
„X what period of the applicant's life is not covered by the 10 year clearance (e.g. the 50-year-old applicant would only have time between 40-50 covered by the 10 year period, however could have committed offences when aged between 18-39) and
„X whether they have spent any time in Australia or whether this is the first time the applicant has had any contact with the Department.
Decision makers can seek further assistance from the Citizenship Helpdesk in regard to this matter.

Not that I have anything to hide, but just wondering who falls under the " relevant to assessment of good character" category( 4 point in this post)
I just dont want to delay my application as I have to travel ASAP.

I was wondering if a person could put his application on hold and travel for about 2 months( would that may my application ineligible?).

Any one been asked for a police clearance even if you stayed there for less than 90 days?

norton

Which one is applicable? I have traveled there for more than 90 days since I was 18 but only for 1.5 months after getting my permanent visa.

old.sparkles

Did you provide a PCC from that country when you got your PR?

norton

yes... but now it is no longer issuing PCC to non residents... and went there last year for 1.5 months..

moneypenny20

You've already supplied the pcc when you got your visa. If you've not been back to that country for more than 90 since you last supplied the pcc then you don't have to worry about it now.

norton

I understand I normally am not required as it states that on the citizenship application form.
But also it says if requested by the department. I was wondering who would fall in that category. It is just that I dont want to delay the processing but at the same time, the country in question does no longer issue PCC. It would give me some peace a mind to know that I dont fall in that category...
The Australian citizenship instructions gave conflicting information though.....

Has anyone had to provide pcc for stays under 90 days.
Also I know there was an applicant from DRC on this forum.. i was wondering if he had to provide PCC as he was on a 6 week roster....

old.sparkles

If you can't get a PCC from that country anyway, I'm not sure what the issue is. I'm sure DIBP will be aware that they will no longer be issued. I'm not sure if there is any criteria as to why some people are asked to produce a PCC for stays less than 90 days - if you are asked you will just have to produce a stat dec.

norton

one last question, if an applicant can't get PCC, weknow that DIBP applies for a penal waiver and asks for a statutory declaration. I was just wondering , lets say, you need PCC from country A,B,C (as you have stayed more than 90 days in each of them) and B is the one which cannot give you PCC, then do also provide statutory declation for A and C or you would have to get PCC for A and C and stats dec for B?
When DIBP applies for a penal waiver, is it for all countries or only for the one that cant give pcc....

old.sparkles

Well I'm gonna hazard a guess that if you need PCC's from countries A and C, and they issue PCC's for this then you get PCC's from those countries. If you need a PCC from country B but they don't issue them then you do the stat dec - but that's a common sense guess

moneypenny20

Why would they give waivers on pccs from countries that supply them?

sprug

I think that you might need to have this done