OCI and criminal record

#1 Jul 6th, 2016, 14:29
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#1
Greetings,

I have a valid PIO card and want to get the OCI. The application form asks for information regarding any criminal history. I have an offence conviction from 20 years previous and fear rejection on this basis. Does anyone know the extent of the background check for the OCI in this regard. I am a Canadian citizen with a record in Canada for the single offence.

thanks for any informed opinions on this matter in question.

SM
#2 Jul 6th, 2016, 18:38
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#2
Welcome to IndiaMike, Stealthman

I am presuming that the conviction was in Canada. If you happen to forget to mention it I highly doubt that the MHA (Indian Ministry of Home Affairs) will liaise with the Canadian Criminal Records Bureau (or equivalent).

If the conviction was in India, they may have a record of it, and if their records are up to date, then the MHA may cancel your PIO. Was the conviction before the grant of the PIO?

In both cases if it ever comes to light subsequently, they may cancel the OCI.
#3 Jul 6th, 2016, 20:21
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#3
Hello IndiaMike

The conviction was in Canada 8 years before I was granted the original PIO while living in India. Serious drug offence but no jail time... probation and fine. No issues with the law since... neither in India or Canada. I never said anything then but now considering the level of terrorism I wonder how thorough the checks are. My roots are deep in India with an Indian national wife, home ownership with PAN card tax payer etc. etc. A regular visa does not ask these questions so i could go that route but maybe the OCI process is smoother applying with a valid PIO now before the blanket expiry on Dec 31.

Any further input appreciated!

thanks,
Stealthman
#4 Jul 6th, 2016, 20:28
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#4
In your place I wouldn't fret so much. Just apply for the conversion. It's highly unlikely they'll check with Canada because you already have a PIO, but the worst that can happen is that they will refuse it. Good luck.
#5 Jul 6th, 2016, 20:55
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#5
the problem is that if found out that concealment of fact was (not) given then one is blacklisted from entry in India. This is what I fret over
#6 Jul 6th, 2016, 21:12
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#6
Declaring it will definitely jeopardise your application. Your PIO application must have had the same question. Do you remember how you had answered then? It is highly unlikely that if the fact was to emerge many years later, that it would be linked to your present application. That's my opinion.

But it's your call, at the end of the day. Declare or not. You don't have a third option.
#7 Jul 6th, 2016, 21:56
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#7
Agree with your assessment. The original answer to this question on the PIO application was negative so there is risk of concealment being revealed there now too! My worry is that with all the terrorism crap going on in India and the world at large that more thorough background checks have become the norm. This is the question for me... although I am leaning more now towards the fact that I am a favourable category of a model applicant with respect to the valid PIO, marriage to Indian national with no police record in India and being a Canada citizen thereby having the least probability of terrorist involvements.
#8 Jul 7th, 2016, 01:16
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#8
Quote:
Originally Posted by Stealthman View Post and being a Canada citizen thereby having the least probability of terrorist involvements.
Well!

https://en.wikipedia.org/wiki/Talwinder_Singh_Parmar

Though you will most probably fly below the radar.
#9 Jul 7th, 2016, 01:32
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#9
Hmnn... Singh was of Indian heritage so that would limit the Canadian element and they ask your mothers and fathers nationality for this very reason
But after that event I do recall an RCMP was always stationed at the visa office and they started up with the portable x-rays machines for luggage before check-in at the airport.
#10 Jul 7th, 2016, 13:40
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#10
OK I got some solid information… my wife spoke with an attorney specializing in NRI, PIO/OCI, Citizenship matters and he says a 20 yr old conviction with probation/fine only and clean record since is not likely to cause rejection. However withholding information would pose a much more serious problem with potential blacklist from visiting/living in India altogether.

Worst case of disclosure is rejection of OCI in which case just to get a long term visa. He says it’s better to make the application from within India itself (it takes longer to process) so I complete the application with note of the conviction before Dec 31 this year…. and see what happens then.

wish me luck
#11 Jul 7th, 2016, 13:58
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#11
So finally good sense prevailed!

Wish you all the best for OCI.
#12 Jul 8th, 2016, 14:28
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#12
Please note that one of the mandatory document you need to provide is a police verification certificate from the country you are applying for OCI. This document might show your past conviction. I had to produce the original copy of this document along with my application. Keep this in mind. However the mystery is that you got your PIO which I assume would have asked you to produce the same document. All the best.
#13 Feb 28th, 2017, 02:51
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#13
Hi Stealthman. In a similar situation. Can you please share how your OCI application went and if your had to show any other documentation?
#14 Dec 23rd, 2018, 02:13
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#14

Hi there, just wondering how did you get on with your OCI APPLICATION? did you get the OCI? plz reply .....much appreciated

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