Problem with police check for citizenship
Feb 9th 2013, 9:31 pm
#1
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Problem with police check for citizenship
I am getting ready to put my citizenship application in and have a problem.
I spent some time recently working in Democratic Republic of Congo. This was on a roster of 6 weeks on and 2 week off back in Perth. I believe this means i will need a police clearance from there. There is no DRC embassy in Perth. I have written to the DRC Police - no response, written to the nearest embassy, which is Singapore - no response. Neither of which surprises me. So now i am stuck. Any ideas? Is there any way around having to provide this?
I spent some time recently working in Democratic Republic of Congo. This was on a roster of 6 weeks on and 2 week off back in Perth. I believe this means i will need a police clearance from there. There is no DRC embassy in Perth. I have written to the DRC Police - no response, written to the nearest embassy, which is Singapore - no response. Neither of which surprises me. So now i am stuck. Any ideas? Is there any way around having to provide this?
Feb 10th 2013, 12:09 am
#2
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Re: Problem with police check for citizenship
Interesting, isn't it - there's barely a functioning government in that country and DIAC still think that they will provide a police check on request ....
If you are asked for one, and there is no response, your only option (unless you want to abandon the idea of applying for citizenship) is to put together a statutory declaration outlining your circumstances of your presence in that country, that you had no criminal charges (if true), the steps you took to obtain a police check and the fact you had no response.
If you were refused, you could always appeal to the Administrative Appeals Tribunal.
HOWEVER - you may not need one as long as you never spent more than 90 days continuously there:
http://www.citizenship.gov.au/applyi...ral_checklist/
If you are asked for one, and there is no response, your only option (unless you want to abandon the idea of applying for citizenship) is to put together a statutory declaration outlining your circumstances of your presence in that country, that you had no criminal charges (if true), the steps you took to obtain a police check and the fact you had no response.
If you were refused, you could always appeal to the Administrative Appeals Tribunal.
HOWEVER - you may not need one as long as you never spent more than 90 days continuously there:
http://www.citizenship.gov.au/applyi...ral_checklist/
Feb 10th 2013, 9:58 pm
#3
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Re: Problem with police check for citizenship
Thanks JaJ.
That is exactly what i was looking for. It is impossible to get one, as the area i was working in has no operating police force - nearest thing is a militia.
That is exactly what i was looking for. It is impossible to get one, as the area i was working in has no operating police force - nearest thing is a militia.
Feb 11th 2013, 12:46 am
#4
Daffyd Duck
Joined: Jul 2008
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Re: Problem with police check for citizenship
have you been in DRC for at least 90days in total after you got your PR? if not, you probably dont need a police clearance from that country.
Feb 11th 2013, 1:53 am
#5
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Re: Problem with police check for citizenship
For the benefit of anyone else, DIAC does have procedures to waive a police check requirement if it cannot be obtained.
However, these policies are not available to the public and at a minimum, if you're in this situation a citizenship application will probably take a lot longer to process.
The unfortunate reality is that a lot of countries will not issue police checks (or even acknowledge a request for them) to non-resident, non-citizens. Despite the fact that there's a DIAC document saying that they do.
However, these policies are not available to the public and at a minimum, if you're in this situation a citizenship application will probably take a lot longer to process.
The unfortunate reality is that a lot of countries will not issue police checks (or even acknowledge a request for them) to non-resident, non-citizens. Despite the fact that there's a DIAC document saying that they do.
Feb 11th 2013, 11:52 pm
#6
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Re: Problem with police check for citizenship
I needed one from a difficult country, in the end I just filled out an Australian Commonwealth Stat Dec stating I wasn't charged or arrested and committed no crimes in that country or engaged in illegal activating whilst there from x date to d date.
Had it witness and signed and they accepted that.
Had it witness and signed and they accepted that.
Feb 12th 2013, 12:05 am
#7
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Re: Problem with police check for citizenship
Hi JaJ
The 90 day thing has me a bit confused. I was there for several periods of 42 days, but I was never there 90 days continuously. So will I need to provide?
The 90 day thing has me a bit confused. I was there for several periods of 42 days, but I was never there 90 days continuously. So will I need to provide?
Interesting, isn't it - there's barely a functioning government in that country and DIAC still think that they will provide a police check on request ....
If you are asked for one, and there is no response, your only option (unless you want to abandon the idea of applying for citizenship) is to put together a statutory declaration outlining your circumstances of your presence in that country, that you had no criminal charges (if true), the steps you took to obtain a police check and the fact you had no response.
If you were refused, you could always appeal to the Administrative Appeals Tribunal.
HOWEVER - you may not need one as long as you never spent more than 90 days continuously there:
http://www.citizenship.gov.au/applyi...ral_checklist/
If you are asked for one, and there is no response, your only option (unless you want to abandon the idea of applying for citizenship) is to put together a statutory declaration outlining your circumstances of your presence in that country, that you had no criminal charges (if true), the steps you took to obtain a police check and the fact you had no response.
If you were refused, you could always appeal to the Administrative Appeals Tribunal.
HOWEVER - you may not need one as long as you never spent more than 90 days continuously there:
http://www.citizenship.gov.au/applyi...ral_checklist/
Feb 13th 2013, 7:58 am
#8
Feeble Minded
Joined: Feb 2008
Location: Cairns, QLD
Posts: 1,612
Re: Problem with police check for citizenship
I reckon from what you've said that you don't need it unless all your overseas trips add up to more than 12 months.
Feb 13th 2013, 8:15 am
#9
Daffyd Duck
Joined: Jul 2008
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Re: Problem with police check for citizenship
page 115 of the Citizenship Instructions http://www.citizenship.gov.au/_pdf/acis-may-2012.pdf
"xxx
Time spent outside Australia
The general rule of thumb is that if a person is applying for citizenship in Australia and has spent a reasonable amount of time overseas since becoming a permanent resident they will be asked to provide an overseas penal clearance certificate.
Generally, there are 2 instances where an overseas penal clearance is required:
• firstly, if the person is over the age of 18 years and, since becoming a permanent resident, has been overseas:
• for a period of time that cumulatively is 12 months or more and
• the time spent in any one country was a continuous period of more than 90 days.
• secondly, if the applicant has spent less than 12 months outside Australia but spent a continuous period of more than 90 days in one country.
xxx
Applications for citizenship by conferral
Applicants will need to provide penal clearance certificates from overseas countries if since the grant of a permanent Australian visa:
• they have lived or travelled overseas since the age of 18 years or over and
• the total time spent overseas added up to 12 months or more and
• the time spent in any one country was a continuous period of more than 90 days.
Application forms also state that clients must provide penal clearance certificates if requested to do so by the department.
There is no 10 year limit for the requirement to provide overseas penal clearance certificates for applicants applying for Australian citizenship by conferral."
Time spent outside Australia
The general rule of thumb is that if a person is applying for citizenship in Australia and has spent a reasonable amount of time overseas since becoming a permanent resident they will be asked to provide an overseas penal clearance certificate.
Generally, there are 2 instances where an overseas penal clearance is required:
• firstly, if the person is over the age of 18 years and, since becoming a permanent resident, has been overseas:
• for a period of time that cumulatively is 12 months or more and
• the time spent in any one country was a continuous period of more than 90 days.
• secondly, if the applicant has spent less than 12 months outside Australia but spent a continuous period of more than 90 days in one country.
xxx
Applications for citizenship by conferral
Applicants will need to provide penal clearance certificates from overseas countries if since the grant of a permanent Australian visa:
• they have lived or travelled overseas since the age of 18 years or over and
• the total time spent overseas added up to 12 months or more and
• the time spent in any one country was a continuous period of more than 90 days.
Application forms also state that clients must provide penal clearance certificates if requested to do so by the department.
There is no 10 year limit for the requirement to provide overseas penal clearance certificates for applicants applying for Australian citizenship by conferral."
Last edited by commonwealth; Feb 13th 2013 at 8:18 am.
Feb 14th 2013, 2:12 am
#10
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Re: Problem with police check for citizenship
Thanks guys. It looks like I should be fine. Phew.
Feb 15th 2013, 2:28 am
#11
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Re: Problem with police check for citizenship
http://www.merriam-webster.com/dictionary/continuous
Definition of CONTINUOUS
: marked by uninterrupted extension in space, time, or sequence
However, you should be careful how you fill out your DIAC form. Answer everything truthfully but do not give them anything to make them think you spent more than 90 days continuously in that country. If you do, they will probably ask you for a police check anyway and then you will have to try to convince them you didn't really spend the time there or that they should waive the police check requirement. Possible to do, but would probably add many months to processing time.
Also, make sure you have records of your entry and exit to Australia every time. DIAC have good movement records, but you never know.
Feb 15th 2013, 4:10 am
#12
Daffyd Duck
Joined: Jul 2008
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Posts: 5,636
Re: Problem with police check for citizenship
just create a spreadsheet and tally your movements. if they ask you, you can instantly show them your tally.
Feb 16th 2013, 7:59 am
#13
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Re: Problem with police check for citizenship
This also confused me! I will be applying soon and haven't been out of Australia since we arrived almost 4 year ago. However, a friend who has a better understanding than me suggested as I remained in the UK for 10month after my PR visa was granted I would need a police clearance certificate as I held a PR visa and lived in a country more than 90 days! Can anyone tell me if this is correct? If I can apply without submitting a new clearance that would save a bit of cash on the whole process (7 of us)! sorry if this in gone of thread
Feb 16th 2013, 11:49 am
#14
Daffyd Duck
Joined: Jul 2008
Location: Paradise
Posts: 5,636
Re: Problem with police check for citizenship
The citizenship officer *might* ask for a police clearance for each person aged 18 or older.
Feb 18th 2013, 7:26 am
#15
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Joined: May 2006
Location: Sunshine Coast
Posts: 75
Re: Problem with police check for citizenship
This also confused me! I will be applying soon and haven't been out of Australia since we arrived almost 4 year ago. However, a friend who has a better understanding than me suggested as I remained in the UK for 10month after my PR visa was granted I would need a police clearance certificate as I held a PR visa and lived in a country more than 90 days! Can anyone tell me if this is correct? If I can apply without submitting a new clearance that would save a bit of cash on the whole process (7 of us)! sorry if this in gone of thread