FIR on record? It could jeopardise your work visa chances, here’s why

On October 1, the Delhi High Court passed a ruling stating that the mere existence of pending criminal cases does not disqualify a person from seeking long-term opportunities abroad. An Indian national with a valid passport had approached the court after authorities refused to issue him a Police Clearance Certificate (PCC), which he needed to apply for Canada’s Start-up Visa Programme.

The court directed the passport authorities to issue the PCC within two weeks, despite the man’s pending criminal cases. The decision was based on the principle that while the rights of the petitioner must be balanced against the authorities’ obligations, the petitioner has the right to apply for a long-term visa.

Balance of rights and obligations

The court acknowledged the Ministry of External Affairs’ duty to provide accurate information to foreign authorities but clarified that this responsibility should not unjustly curtail the petitioner’s right to apply for a visa. Justice Sanjeev Narula said, “The PCC shall be issued in two weeks’ time from today. This would provide complete transparency to the Canadian authorities for their assessment of his visa application.”

The ruling noted that the right to work and freedom of movement must not be restricted solely on the basis of pending FIRs. It further stated that denying a PCC based on such grounds constitutes an unreasonable restriction under Article 19(6) of the Indian Constitution.

The petitioner was involved in two FIRs registered in 2013 by the Delhi Police following complaints from the Employees’ Provident Fund Organisation (EPFO). He was accused of deducting provident fund contributions from employees’ wages at DMRC and NPL sites but failing to deposit the amount as required by law. The Regional Provident Fund Commissioner (RPFC) had assessed a sum of Rs 7.48 lakh, which the petitioner paid in 2019.

Dealing with pending criminal cases while applying abroad

Preetha S, Partner at JSA Advocates & Solicitors, stressed the importance of honesty when dealing with criminal records during visa applications. “Many countries and employers conduct background checks that include the individual’s criminal history. Pending criminal cases could raise concerns regarding character or reliability, impacting the candidate’s eligibility for work or study, especially in sensitive positions,” she said.

Stamets noted that while pending criminal cases won’t always result in automatic disqualification, they often cause delays and complications in the process.

Expert advice on handling criminal cases

Preetha suggested consulting immigration experts to understand how a candidate’s situation might be viewed by immigration authorities. She pointed out that transparency is key and failure to disclose a criminal record could lead to severe consequences like visa denial or being barred from future applications.

“Visas are denied every day for not telling the truth about simple things that would have no effect on the visa if answered truthfully. Read the questions carefully and answer them truthfully,” Stamets added.

Rejection rates and factors influencing visa approval

Between January 1 and September 8, Immigration New Zealand processed 42,542 first-time visitor visa applications from Indian nationals. Out of these, 32,085 were approved, while 9,970 were rejected, resulting in a 23 per cent rejection rate. On the high number of rejections, Jock Gilray, director of visas at Immigration New Zealand said, “Visa applicants must demonstrate genuine intentions to visit New Zealand”. “If you have any criminal convictions or health concerns, it may affect your application. Make sure to provide police certificates or health exams where required, especially if your stay is longer than six months,” he said.

“Any discrepancies between the details provided in your application and supporting documents can lead to rejection. Double-check your documents for accuracy and consistency,” he added.

Disclosure requirements in visa applications

Disclosure rules for pending criminal cases vary across countries, but most require applicants to disclose any ongoing or past criminal activity. This information is usually mandatory and is verified during the visa assessment process.

“Even minor offences should not be ignored if they are relevant to the application. Stamets said, “You cannot ignore or discount pending cases, no matter how small they seem to you, if the visa application or officer asks you about such cases”

Cases leading to visa cancellation

Certain criminal cases, particularly those involving “crimes of moral turpitude” like murder, fraud, or assault, could lead to visa cancellation or rejection. “While serious offences like drug trafficking or terrorism can lead to denial, minor offences like petty theft might be overlooked, depending on the circumstances,” Preetha S said.

Factors such as the severity of the crime, time elapsed since the offence, and evidence of rehabilitation can all influence the outcome of a visa application. Some countries may take a lenient view if the offence occurred long ago and if the individual has demonstrated positive changes in character.

First Published: Oct 07 2024 | 6:10 PM IST