Obtaining a police certificate for the period you’ve resided in China for an Express Entry application can prove difficult, particularly for those no longer in the country.
This is because China, in most cases, requires in-person applications and the lack of a national standard for issuing police certificates.
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In this article, we will cover
- Common obstacles contributing to obtaining a police certificate from time spent living in China;
- The best approach for getting the police certificate from Chinese authorities; and
- What you can do if you are unable to provide Immigration, Refugees and Citizenship Canada (IRCC) with a police certificate.
Why many struggle with getting a police certificate from China
In China, a police certificate is referred to as a “No Criminal Record Certificate.”
Unlike most countries, China generally does not allow individuals to apply for a No Criminal Record Certificate online. As such, you must either
- Be physically present in China to apply on your own behalf; or
- Nominate a representative to apply on your behalf.
Rules and procedures can also vary by city, which can make it especially difficult if you’ve lived in multiple cities in China within the past 10 years. If this is the case, you will have to obtain a certificate from each respective city.
Because of these obstacles, it’s advisable that Express Entry candidates take steps to obtain their certificate(s) while still in the pool, to get ahead of associated delays that may impact their permanent residence (PR) application if they get an Invitation to Apply (ITA).
How to get a police certificate from China
The process for obtaining a police certificate from Chinese authorities will vary depending on whether you are a citizen of the country and whether you currently live within or outside China.
Note that the application will differ city to city, and as such, it is recommended that you ask your local office for specifics on how to apply.
Below, we break down the high-level process for each scenario.
Citizen of China, living outside China
Most cities permit individuals to appoint an immediate family member to apply for their police certificate on their behalf, which will be the simplest route.
If you are taking this route, your family member will need the following:
- Their national ID card;
- A signed notarization authorization letter (supplied by you), which can be obtained from the office where you are applying;
- Their original permanent residence registration (hukou) booklet; and
- All of your required documentation.
This is also an option for Citizens of China currently living within China; the same documents will be required of the immediate family member you’ve appointed if taking this route.
Citizen of China, living in China
If you fall under this category, you are required to apply for the certificate either at a notary public office in your city or your local police station (closest to the address listed on your permanent residence registration booklet).
If you are taking the notary public office route, you must:
Step one: Apply for an official request document at a foreign-related notary public office—an office authorized to handle documents intended for use abroad.
Step two: Use that letter to apply for a No Criminal Record Certificate by completing the application at your local police station or through the official online portal.
Step three: With your No Criminal Record Certificate in hand (and your valid national ID card), return to the notary public office to apply for a “Notary Certificate of No Criminal Convictions.”
At this stage, the office will keep your original No Criminal Record Certificate, and you will be issued a Notary Certificate of No Criminal Convictions, along with a notarized translation.
Non-Chinese citizen, living in China
Nationals of other countries who resided in China for over 180 days can get their certificate from the Exit-Entry Administration Department of the Public Security Bureau (PBS) in the applicable city.
This will require submitting your own valid ID and application form.
As mentioned above, the process will differ in each city, and your local office can provide assistance in applying.
Per the Embassy of the People’s Republic of China in Canada, if you authorize another person to make inquiries on your behalf, a power of attorney and a valid ID will be required (of the person you’ve appointed).
Non-Chinese citizen, living outside China
For individuals falling under this scenario, you will generally follow the same process as citizens of China living outside China.
This entails, as previously established, appointing a representative to pursue your certificate on your behalf.
Considerations
- When pursuing a police certificate: If you or your representative’s hukou registration has been cancelled, a Certificate of Residence Cancellation must be acquired from a local police station.
- Due to roadblocks or no contacts in China, many chose to hire a China-based specialist document procurement agency—who have staff that can physically attend PBS and notary offices for you. They are authorized to do so through a signed Power of Attorney (which depending on your city, may need to be notarized and apostilled in Canada first). You send over your scanned documents, the agency handles the in-person legwork, and then the certificate is couriered to you. The cost typically ranges between $615–$1,000 (CAD).
- When applying for PR with IRCC: You must submit the original “Notary Certificate of No Criminal Convictions” and the notarized translation given to you by the notary public office. If you simply submit a “No Criminal Record Certificate” or a “Notary Certificate of No Criminal Convictions” without the associated notarized translation, your PR application with IRCC will be deemed incomplete.
What if you’re unsuccessful in obtaining a police certificate?
Once you receive an ITA through Express Entry, you have 60 days to submit a complete application for PR, which includes police certificates from each country you have lived in for six months or longer, within the last 10 years—from age 18 and up.
Canada’s immigration department has steps in place for those who are unable to get the police certificate(s) they need, recognizing difficulties in select jurisdictions.
In such cases, you must provide IRCC with a letter of explanation, in which you detail the efforts you’ve taken to acquire the certificate.
This letter should include the following statement: “I cannot provide a police certificate for the full time I spent in China because [insert reason].”
Along with this letter, you are expected to provide proof that you
- Requested the certificate from the correct issuing authority; and
- Made your best effort to get the certificate on time (by the 60-day PR application submission deadline).
Type of proof accepted by Canada’s immigration department vary, but examples include
- A confirmation receipt.
- A payment receipt.
- A delivery notice.
- A tracking number.
- An explanation from the issuing authority detailing why the certificate cannot be issued, or that there are delays, and why.
The letter and your proof should be uploaded in the country-specific police certificate field of your document checklist.
To increase the likelihood of satisfying the immigration officer reviewing your file, include as many pieces of proof as you are able.
Even if you provide the appropriate documentation, there is no guarantee of acceptance.
Per IRCC, regarding the officer reviewing your case: “If they’re not satisfied that you made your best effort, your application may be rejected for being incomplete.”
Consult with an experienced immigration representative