Police (criminal record) report process is broken

[ciao]

I'm going through immigration process with my wife and daughter (who are both Japanese citizens). As we all know, the folks in GZ want to see "criminal record" reports covering the time we have been in China.

 

As I understand it, the final reports are supposed to come from the Notarization office, who issue "white book" documents. But, in order to issue the "white book", the Notarization Office first wants to know that you have no criminal record. So, where to get criminal record info?? It seems impossible. The Chinese police won't issue any documentation to you unless you're Chinese, and (recently) neither will the immigration authorities. The Notarization office folks know this, and told me to get documentation from my employer (to cover my wife), and from my daughter's school. The school worked out OK, but I can't persuade my employer to issue any statement about my wife. The Notarization office just want a statement saying "we're not aware of any criminal activity" (i.e. "we don't know"), but I can't even get my employer to do this.

 

Anybody else had this problem (in Shanghai)? Any suggestions ?

Edited September 20, 2016 by ciao (see edit history)

[dnoblett]

Usually the no criminal record document comes from the PSB, and then take that to the Notary office for translation into a white book.

 

 

 

Police Records

 

Generally available, reliable. Persons should apply for a certificate of no criminal record at the local Public Security Bureau (PSB) (or certain types of employers such as state owned enterprises), then make application to the notary office for a certificate based on the PSB document. Persons without a criminal record will be able to obtain a certificate to that effect. Certificates for individuals with one or more criminal convictions will list all convictions for which records still exist. The certificates purport to reflect all criminal convictions during residence in China. Police records are generally not available for the period prior to 1949. Certificates are available for those in the J-1, Z, and X categories. The GOC does not issue police records for temporary residents of China in L or F visa categories.

https://travel.state.gov/content/visas/en/fees/reciprocity-by-country/CH.html

[Harold_Oakland]

My fiancee is a foreigner living in China who has lived in Shanghai for a period. She just interviewed Sep 6th 2016. She was unable to get the notarized police certificate before the interview but was approved pending that document (and one from Iran) be submitted. During the interview she told the interviewing officer that the authorities are not issuing pc's to foreigners. The officer called a police station and the reply was "yes, we will start soon" even though they've been saying that for months on end. It was just enough to turn her away. She has since gone through her university to get one.

 

They're pretty serious about these police certificates at the consulate and the Chinese police are just as serious about not giving the police certificates to foreigners. It was a miracle my fiancee got one from Hangzhou!

 

Others have suggested to document, some way some how, your attempts to obtain the pc and submit that as evidence. We had to do that with the Iranian police certificate (which is frustratingly not required at the embassy where most Iranians interview). It's pretty scant evidence and seemed more like a token to show to make them feel better (we haven't been fully approved yet). Perhaps you could start doing something like that. I can't tell you what would be good evidence.

 

Good luck! Please post updates on what has happened!

Edited September 20, 2016 by Harold_Oakland (see edit history)

[ciao]

> Usually the no criminal record document comes from the PSB,

 

They stopped doing this about 6 months ago, as I understand it. So, now, the Notary Office has nowhere to get documentation. Hence the (absurd) suggestion to ask my employer.

 

If the GZ folks know about this problem, one would hope that they'd be a bit lenient/understanding. But I'd guess that's not their style :-).

 

I don't know if it's a Shanghai problem or a China-wide problem.

 

As @Harold_Oakland said, the authorities say they're going to fix the problem, but who knows when ??

[Harold_Oakland]

It could be a China-wide problem. My fiancee had a bear of a time getting one in Hangzhou (but that doesn't necessarily mean it is China wide just seems that way).

 

Have you tried all the police stations?

[Randy W]

> Usually the no criminal record document comes from the PSB,

 

They stopped doing this about 6 months ago, as I understand it. So, now, the Notary Office has nowhere to get documentation. Hence the (absurd) suggestion to ask my employer.

 

If the GZ folks know about this problem, one would hope that they'd be a bit lenient/understanding. But I'd guess that's not their style :-).

 

I don't know if it's a Shanghai problem or a China-wide problem.

 

As @Harold_Oakland said, the authorities say they're going to fix the problem, but who knows when ??

 

 

Yes - if the PSB is not issuing the No Criminal Record statements, then all you can do is to document who you talked to (w/names, if possible), and turn this in to the consulate.

 

As far as the employer, they MAY be able to authorize the statement from the PSB

 

If you need a police certificate for any reason from having lived in China, it may be possible to obtain one from the local PSB Entry and Exit Bureau. You will need a Chinese work permit and a letter from your employer. Contact the PSB folks for the details of what they need.

 

 

It IS the PSB that issues the No Criminal Records, NOT the Notarial Office.

 

Put out a REASONABLE effort to get what you need, document what you do, who you talk to, and what is said, and let it go at that, The Consulate doesn't DEMAND the impossible, although you may need to convince them that it IS impossible

[Randy W]

Someone on VJ (apparently a Chinese woman) reported that "You should specifically ask for a "无犯罪记录“, Chinese companies and schools require it all the time so it should not be something new, and have it notarized at the local notary." 无犯罪记录 (Wú fànzuì jìlù) translates to "No criminal records", according to Google translate

 

http://www.visajourney.com/forums/topic/609614-police-clearancepolice-report-in-china/?p=8314060

 

The police certificate posted by Kyle in 2009 (see http://candleforlove.com/forums/topic/48295-chinese-essential-documents-white-books/?p=629619) shows

 

未受刑事处分公证书 （Wèi shòu xíngshì chǔfèn gōngzhèng shū) or - "No criminal sanction public certificate" according to Google, or "Notarial Certificate of Non-Criminal Records" according to the Notarial translation.

 

According to this, the thing to ask for at the PSB is 未受刑事处分 （Wèi shòu xíngshì chǔfèn)

 

 

 

 

[ciao]

Many thanks, Randy. Very informative. But, as I understand it, the process you described applies only to Chinese citizens. My wife and daughter are Japanese citizens. The VJ message talks about entering an "ID number" into a computer system to get criminal records. But only Chinese citizens have these ID numbers, presumably.

 

We're getting pretty tired of going around in circles, so I think we will just document all the efforts we have made, and hope for the best. In most cases, we have the names and phone numbers of the bureaucrats who have refused to help us.

 

I guess even this message thread can serve as part of the evidence for our efforts :-)

[Randy W]

Many thanks, Randy. Very informative. But, as I understand it, the process you described applies only to Chinese citizens. My wife and daughter are Japanese citizens. The VJ message talks about entering an "ID number" into a computer system to get criminal records. But only Chinese citizens have these ID numbers, presumably.

 

We're getting pretty tired of going around in circles, so I think we will just document all the efforts we have made, and hope for the best. In most cases, we have the names and phone numbers of the bureaucrats who have refused to help us.

 

I guess even this message thread can serve as part of the evidence for our efforts :-)

 

 

If they HAVE a criminal record, it might be under the passport ID, so even that part might apply. Again. just exhaust all possibilities (but don't necessarily exhaust yourself). Using the above Chinese phrases at the PSB will ensure that you're going to the right place and talking to the right people. Not getting a response may simply indicate that she doesn't HAVE any kind of a record.

[ciao]

I eventually got my company to issue a document. The nice folks at the Notary Office gave us a form with some suggested wording. This wording was so vague that I was able to persuade our HR and legal bozos that no trouble would ensue. The suggested statement merely says "our records do not contain any evidence of criminal activity". In other words, the company is not saying "not a criminal", they are just saying "we don't know". It seems that the Notary Office will accept almost anything that has a company chop on it.

 

The Notary Office folks also told us that the PSB has started issuing reports again, so apparently this was only a temporary problem.

[MartinaM]

I went through this difficult process back in August and I'll tell you how I had to do it.

 

1. Go to your PSB (with your passport) and explain to them what you want. They will give you a form (mine was in a sealed envelope) that you will need to take to your local police station. It should be the police station where you registered when you entered China. I had to ask my university for this information.

 

2. You need to get proof of your residence/reason you are in China. I had to ask my university to provide a stamped document (in Chinese) saying that I was employed with them, including dates, passport number etc. Make a few copies of this.

 

3. Go to your local police station (bring passport, passport photos, and the proof of employment letter) and ask them to fill out the form stating that they have no knowledge of your criminal record. This should only take a few minutes.

 

4. Take all of these documents to your PSB and they will have you fill out a few more forms there or request additional information.

 

5. You pay the fee at the PSB (mine was 600RMB) and they will call you when it is ready. Mine took about 2 weeks.

 

I know the process probably differs in different areas (this was in Wenzhou, Zhejiang) but it's somewhere to start. I was going crazy for about a month before I got it figured out. They don't really seem to know the process so be persuasive that this is what you need!

[chickadee]

I went through this difficult process back in August and I'll tell you how I had to do it.

 

1. Go to your PSB (with your passport) and explain to them what you want. They will give you a form (mine was in a sealed envelope) that you will need to take to your local police station. It should be the police station where you registered when you entered China. I had to ask my university for this information.

 

2. You need to get proof of your residence/reason you are in China. I had to ask my university to provide a stamped document (in Chinese) saying that I was employed with them, including dates, passport number etc. Make a few copies of this.

 

3. Go to your local police station (bring passport, passport photos, and the proof of employment letter) and ask them to fill out the form stating that they have no knowledge of your criminal record. This should only take a few minutes.

 

4. Take all of these documents to your PSB and they will have you fill out a few more forms there or request additional information.

 

5. You pay the fee at the PSB (mine was 600RMB) and they will call you when it is ready. Mine took about 2 weeks.

 

I know the process probably differs in different areas (this was in Wenzhou, Zhejiang) but it's somewhere to start. I was going crazy for about a month before I got it figured out. They don't really seem to know the process so be persuasive that this is what you need!

 

 

Hello! Thank you so much for detailed instruction! Could you please tell me how long did it take you to get that police record?

 

Kind regards,

Nataliia

[ciao]

Looks like it's *really* bad in some cities, and there is no real country-wide policy:

http://lawandborder.com/amcham-issuance-china-police-certificates-foreigners-must-easier/

[Randy W]

Looks like it's *really* bad in some cities, and there is no real country-wide policy:

http://lawandborder.com/amcham-issuance-china-police-certificates-foreigners-must-easier/

 

 

Their (China's) responsibility is to provide what records they have - often none. Your responsibility is to do your best - your REASONABLE best. Nothing more. Document your efforts.

 

If you HAVE a serious criminal record, it is most likely tied to your immigration records. I f you have "No Criminal Record", yes. that can be hard to "prove". We had to get my wife's police certificate in the U.S. ourselves (from the Houston, TX Police Dept, because of issues they had with her fingerprints) - it said basically, . . . ( . . drum roll . . . ) . . . "Never heard of her".

 

Your article is from AmCham China - the American Chamber of Commerce in China. They represent the interests of "American businesses in Mainland China", not the Consulate.

 

About AmCham China

The American Chamber of Commerce in the People's Republic of China is a non-profit, non-governmental organization whose membership comprises more than 3,300 individuals from 900 companies operating across China. The chamber's nationwide mission is to help American companies succeed in China through advocacy, information, networking and business support services. AmCham China is the only officially recognized chamber of commerce representing American business in mainland China. With offices in Beijing, Tianjin, Dalian, Shenyang and Wuhan, AmCham China has more than 50 working groups, and holds more than 250 events each year.

 

 

Edited April 24, 2017 by Randy W (see edit history)

[thgg]

Hi all,

 

Has anyone as a foreigner used to live in China manage to get the Police Certificate recently? Any update on the process?