Police Certificate NOT available - Help

[*FishF00D* 45]

Try to contact the ministry of justice. You can authorize someone to apply for the Police Certificate on your behalf. You should complete an authorization form (a sample of the form is available at the Criminal Office at the Ministry of Justice). The completed form can be submitted at the Criminal Office.

Ministry of Justice

#240 Sothearos Blvd., Phnom Penh,

Cambodia

Phone: (855)23 360327 / 363204 / 360421 / 360329 / 212693

Fax: (855)23 364119

E-Mail: moj@cambodia.gov.kh

"You can authorize someone to apply for the Police Certificate on your behalf. You should complete an authorization form (a sample of the form is available at the Criminal Office at the Ministry of Justice)."

So, you can get someone to apply on your behalf, but the authorization form is only available at the Criminal Office of the MoJ IN Phnom Penh.

"Oh yeah someone can do it for you, but you have to be in the country to fill out the authorization form anyway."

....... facepalm.

[pch1 64]

"You can authorize someone to apply for the Police Certificate on your behalf. You should complete an authorization form (a sample of the form is available at the Criminal Office at the Ministry of Justice)."

So, you can get someone to apply on your behalf, but the authorization form is only available at the Criminal Office of the MoJ IN Phnom Penh.

"Oh yeah someone can do it for you, but you have to be in the country to fill out the authorization form anyway."

....... facepalm.

Applicants can authorize someone to apply for the Police Certificate for him/her. The applicant should complete an authorization form (the sample of the form is available at Criminal Office at Ministry of Justice), who can submit the completed forms at the Criminal Office. However, if the applicant is in Cambodia, they will be required to submit the form for themselves.

I think this is a gray area and not very clear. When they say "however, if the applicant is in Cambodia" it give me the impression that authorization would be for someone who is outside Cambodia if am not wrong.

Maybe its good idea to call them to be sure. GOOD LUCK!

[Limey 551]

I've just come across an excerpt from the actual handbook that the consular officers use to determine how to go about handling situations when documents are unavailable (as quoted from someone else in this forum on visajourney from 2011):

So it seems to suggest that is I can satisfy the officer with information showing that the required documentation as needed to acquire the Police certificate does not exist. It does suggest attaching "proof of attempts made", which I'd like to think could include my notarized documents and supplementary evidence describing the process of getting the Cambodia certificate, and that it would not be available to me even if I flew there to try to find it. It sounds like it's on me to show valid proof and convincing evidence that the Police Certificate is unobtainable -- and from where I'm standing with the info I have, that does certainly seem to be the case.

Any second opinions?

I'm pretty sure you'll be fine. If you can show a police certificate from Canada where you've spent most of your life, and that is clean, then I'm pretty sure they'll accept the difficulties in obtaining the Cambodian one. They don't seem unreasonable in these situations. Good if you can find info online re obtaining the certificate, and why you wouldn't be eligible, and as you say, a notarized statement from the friend you stayed with about not paying rent/having a lease shows you're pretty much done as much as you can to prove the situation.

[chiggins82 88]

POLICE CERTIFICATES/RECORDS: Each visa applicant aged 16 years or over is required to submit a police certificate from the police authorities of each locality of the country of the applicant’s nationality or current residence where the applicant has resided for at least six months since attaining the age of sixteen. Police certificates are also required from all other countries where the applicant has resided for at least one year.

​I read that as meaning, if you are Cambodian citizen or resident, you need to get a police certificate for every area you lived for over 6 months. Or if you were currently residing there maybe and had been their over six months. As a tourist that is no longer there, I don't think it applies. What does apply would be any country you lived in (whether as a resident or tourist etc) for over a year, you need a police certificate. For you, that sounds like Canada only (unless you stayed in any other country for more than a year)

For example, as a Canadian Citizen, if you lived in Alberta and Ontario each for more than six months, you would need a police clearance from both since I think they only check the province that you're in + the national registry (at least on mine they did)

That's how I interpret this. It's so tough to read these things though.. I suppose you could try contacting the consulate and see what they say? Is that possible?

Edited May 26, 2016 by chiggins82

[MADDEN 40]

What do I do if I can not get the police clearance and the US State department's website says it is available?
You could try writing a letter to the Embassy/ NVC, (whom ever you need to submit the police clearance to), that is the advise listed in the State departments website.
"Unobtainable police certificates
If your police certificate is unavailable per the country-specific guidelines above, you do not need to submit one to the NVC. If you cannot obtain a police certificate for another reason, please submit a written explanation when you submit your other documents."

[*FishF00D* 45]

I'm pretty sure you'll be fine. If you can show a police certificate from Canada where you've spent most of your life, and that is clean, then I'm pretty sure they'll accept the difficulties in obtaining the Cambodian one. They don't seem unreasonable in these situations. Good if you can find info online re obtaining the certificate, and why you wouldn't be eligible, and as you say, a notarized statement from the friend you stayed with about not paying rent/having a lease shows you're pretty much done as much as you can to prove the situation.

I hadn't look at it from the grander-perspective like that; I do have a totally clean Police Certificate from Canada where I've spent the majority of my life, and I did spend almost a year in Australia so I've already filed for that clean Police Certificate as well (because I was a "resident for tax-purposes"/held an address etc, and because you can apply for the OZ cert. online with relative ease!)

Hopefully they do take into account my otherwise clean record, and my obvious effort/preparedness if I go to the interview with an arm full of evidence ("How to get the Police Certificate" printout, statutory declarations that I held no lease/was a traveler; that I didn't commit any crimes in Cambodia, etc.)

What do I do if I can not get the police clearance and the US State department's website says it is available?

Unobtainable police certificates

If your police certificate is unavailable per the country-specific guidelines above, you do not need to submit one to the NVC. If you cannot obtain a police certificate for another reason, please submit a written explanation when you submit your other documents.

Thanks The Notebook, that also suggests that as long as I have written explanation and I've really done my homework then hopefully they'll understand.

I called the NVC this morning to try to ask someone if applicants who have been tourists in one country for 6mo+ are generally required to get Police Certificates and the lady said that the majority of the time they only ask for Police Certificates from places you've lived for more than one year -- but that it's entirely dependent on the consulate, so we'll see!

[*FishF00D* 45]

https://travel.state.gov/content/dam/visas/Supplemental/MTL%20-%20Montreal.pdf

Although, Montreal Consulate Packet 4 instructions from Oct 2015 say to get a Police Certificate from every country the applicant has resided in for 6+ months since turning 16 -- so I'm assuming I'll be pushing ahead with my ol' notarized letters!

[Gretch 11]

Here's what puzzles me: why is Cambodia even in the question here? Weren't you effectively a tourist there? I have traveled a lot, and unless I had a long-term job in another country (paid taxes) or went to an official school (and not a private language school, cooking school, etc), I would never consider it as a "country of residence". Did you enter it in your I-129 as a place you lived? If not, how would they know how long you'd been there? (I'm NOT advocating holding back information, I just don't know how it would come up.)

Unless I'm missing something, or you did list it as a place of residence on the I-129, I would just not mention a Cambodian police certificate at all. If someone does some math based on dates of a trip you took together and thinks you need clearance, I guess they would send a checklist.

[*FishF00D* 45]

It may have been foolish of me, but on the g-325a I did mention that I spent 7 months in Cambodia.
The fiancé and I were there traveling together, and then we both moved to Australia directly from Cambodia for one year on a work/holiday visa. Given that they seemed to want to know where we both were for the last 5 years it stuck me as necessary to include that 7 months for continuity - especially since it's evidence that we were together for that time. I included the address of the guesthouse on the g-325a where we spent most of our time, just for the sake of supplying one.


You are right though, I was absolutely a tourist and I hadn't even intended on staying that long to begin with.

I asked someone who owns a guesthouse and spends 8mo/year in Cambodia about this paperwork and he said:

"First off; no one has a certificate of residence, not even me, its incredibly difficult to acquire, and there are a ton of paperwork, hoops to jump through and plenty of cash.. As far as Cambodia are concerned you do not exist..

Now, I could reach out and try to get them to write you a letter saying you are not under investigation, nor suspected of a crime, but its going to be expensive.. and have the face value of 0 seeing as I could just as easily get them to state that you were the royal mascot.. I dont see why the states would care about you backpacking in Asia?"

So, even someone who is a relative resident of the country says these things are nearly impossible to get anyway!

[aaron2020 11,651]

What was your legal status in Cambodia? Were you there on a tourist visa? Doing the visa run to a nearby country?

If yes, then you were visiting and don't need a police certificate from there.

Being semi-nomadic is unusual and immigration requirements can create headaches. Do your best to explain that you were visiting Cambodia and not living there.

Edited May 28, 2016 by aaron2020

[aaron2020 11,651]

It may have been foolish of me, but on the g-325a I did mention that I spent 7 months in Cambodia.

The fiancé and I were there traveling together, and then we both moved to Australia directly from Cambodia for one year on a work/holiday visa. Given that they seemed to want to know where we both were for the last 5 years it stuck me as necessary to include that 7 months for continuity - especially since it's evidence that we were together for that time. I included the address of the guesthouse on the g-325a where we spent most of our time, just for the sake of supplying one.

You are right though, I was absolutely a tourist and I hadn't even intended on staying that long to begin with.

I asked someone who owns a guesthouse and spends 8mo/year in Cambodia about this paperwork and he said:

"First off; no one has a certificate of residence, not even me, its incredibly difficult to acquire, and there are a ton of paperwork, hoops to jump through and plenty of cash.. As far as Cambodia are concerned you do not exist..

Now, I could reach out and try to get them to write you a letter saying you are not under investigation, nor suspected of a crime, but its going to be expensive.. and have the face value of 0 seeing as I could just as easily get them to state that you were the royal mascot.. I dont see why the states would care about you backpacking in Asia?" The US doesn't care if you backpack in Asia. The US cares if you committed any crimes in any place where you were for at least 6 months and would like proof with a police certificate showing a clean criminal record.

So, even someone who is a relative resident of the country says these things are nearly impossible to get anyway!

Edited May 28, 2016 by aaron2020

[sadim 0]

On 5/28/2016 at 6:13 PM, Charlene/Neale said:

It may have been foolish of me, but on the g-325a I did mention that I spent 7 months in Cambodia.
The fiancé and I were there traveling together, and then we both moved to Australia directly from Cambodia for one year on a work/holiday visa. Given that they seemed to want to know where we both were for the last 5 years it stuck me as necessary to include that 7 months for continuity - especially since it's evidence that we were together for that time. I included the address of the guesthouse on the g-325a where we spent most of our time, just for the sake of supplying one.


You are right though, I was absolutely a tourist and I hadn't even intended on staying that long to begin with.

I asked someone who owns a guesthouse and spends 8mo/year in Cambodia about this paperwork and he said:

"First off; no one has a certificate of residence, not even me, its incredibly difficult to acquire, and there are a ton of paperwork, hoops to jump through and plenty of cash.. As far as Cambodia are concerned you do not exist..

Now, I could reach out and try to get them to write you a letter saying you are not under investigation, nor suspected of a crime, but its going to be expensive.. and have the face value of 0 seeing as I could just as easily get them to state that you were the royal mascot.. I dont see why the states would care about you backpacking in Asia?"

So, even someone who is a relative resident of the country says these things are nearly impossible to get anyway!

Can you tell us if they asked you about the Combodian PCC or not in your interview please ?

[*FishF00D* 45]

1 hour ago, Djamel said:

Can you tell us if they asked you about the Combodian PCC or not in your interview please ?

Hey! It was 3yrs ago now that I had my K1 interview but they didn't question my time spent in Cambodia. The evidence I provided to prove my role as tourist included a notarized affidavit from myself, as well as one from the guy who owned the guesthouse I stayed at to support the fact that I was a tourist and not a resident. Additionally, I'd found a page of instruction from the British consulate explaining how to get a police certificate from Cambodia, and described how several of those steps were impossible as I'd never been a resident.

I hope that helps!

[sadim 0]

3 hours ago, Charlene/Neale said:

Hey! It was 3yrs ago now that I had my K1 interview but they didn't question my time spent in Cambodia. The evidence I provided to prove my role as tourist included a notarized affidavit from myself, as well as one from the guy who owned the guesthouse I stayed at to support the fact that I was a tourist and not a resident. Additionally, I'd found a page of instruction from the British consulate explaining how to get a police certificate from Cambodia, and described how several of those steps were impossible as I'd never been a resident.

I hope that helps!

well i am facing the same situation as yours, i stayed in Qatar for a total period of 10 months, and i am really strugling to get the PCC because i was under a work visa and i hadn't a resident status, which means i am not able to get the PCC from there

[BigShirmp 1]

On 8/28/2019 at 2:50 AM, Charlene/Neale said:

Hey! It was 3yrs ago now that I had my K1 interview but they didn't question my time spent in Cambodia. The evidence I provided to prove my role as tourist included a notarized affidavit from myself, as well as one from the guy who owned the guesthouse I stayed at to support the fact that I was a tourist and not a resident. Additionally, I'd found a page of instruction from the British consulate explaining how to get a police certificate from Cambodia, and described how several of those steps were impossible as I'd never been a resident.

I hope that helps!

@Charlene/Neale hi, I’m hoping maybe you can give me some suggestion. My story is slightly different. I’m under business visa in china. I don’t stay here continuously for 6 months. I have been here for 5 years and I’m still here. I can’t obtain the pcc becasue they only give it to either someone who is either a student or working for a company in china, and pay tax. I work for a company outside china. So I don’t pay tax here. I’m here under business visa which allows me to stay for 90 days each time. But the problem is that they won’t give me any written documents for the refusal... only orally say no. Not sure what I can do.