Pr and immigration
Reformist !!!
(Querist) 27 February 2013
This query is : Resolved
Hi Experts,
I have a query, If someone is going through a criminal case and is on Interim Bail from HC.
Can that person apply for PR in a different country and apply for immigration there ?
As far as i know, Police clearance certificate is required in this case for PR or immigration and police may create problems while providing PCC for this purpose. Can anyone pls guide and if a person goes to jail for 10-15 days and then comes out on regular bail, is he still eligible for PR cos still he is not acquitted or not even convicted in that criminal case (i m talking about 498a & 406 here......So the other country is gonna term him as a criminal or what ?
Devajyoti Barman
(Expert) 27 February 2013
You have to take liberty of the court if there is any such condition of restraint on foreign travel.
Raj Kumar Makkad
(Expert) 02 March 2013
Police can do nothing if court provides specific permission to the accused person in this regard so obtain the permission from the court.
Reformist !!!
(Querist) 02 March 2013
Thanks Raj Ji and Devajyoti Ji.
I want to share that in Interim bail court has not put any order to inform them bfore leaving the country as still final hearing is pending for AB.
Also, i want to know, some countries ask for Police clearance certificate....In that case what will happen ? Can police write in PCC that a criminal case i pending in court for this accused and based on this the immigration authorities may cancel Permanent residency application.
Awaiting your reply on this pls
Regards,
Raj Kumar Makkad
(Expert) 22 March 2013
Police has every right and even duty to bring the relevant facts before the court but the final decision has to be taken by concerned oourt only.
