Thank you >>>>>>>>> Legalfalcon <<<<<<<<<<<

[legalfalcon]

Hello @legalfalcon, thank you for reading my question. I have a question about adding work experience that I did not declare on my study permit and PGWP to my Express Entry profile. Hope you can give me some advice.
I applied for my study visa in my home country on Sept 02, 2019 and found a contract job in my home country one day after I submitted my student visa ( Sept 03, 2019) and worked for that company about 3 months before coming to Canada on Jan 01, 2020. So technically I did not have a job when I submitted my student visa. Also, I totally forgot to add that job when I applied for PGWP so my work history in student visa and PGWP are the same. Now, I want to add those work exprerience to Express entry to claim point and wondering
1. if that would cause misrepresentation in my case when the IRCC officer compares my work history and see the discripenacy between study visa/pgwp vs Express entry profile???? I do have all the documents of that job like ref letter, paystubs, etc.
2. I am not sure if this will be considered mispresentation because technically speaking I did not hide my job when I submit student visa (I did not have a job by the time I submitted the study visa application). I only forgot to include in my PGWP ( I read somewhere saying that work experience is not considered material that can affect the decision making process when it comes to PGWP, not sure it it is right) Hope you can give me some suggestions , Thank you for your time

All applications have to be consistent and you have to declare all information that is asked.

Under the law you have an obligation to be truthful:

16(1) of IRPA: A person who makes an application must answer truthfully all questions put to them for the purpose of the examination and must produce a visa and all relevant evidence and documents that the officer reasonably requires.

If you file any application with IRCC, TRV, WP, PR etc, any of them can be looked into to review your current application or future applications, and any inconsistency can be a cause of misrepresentation. All applications have to be consistent, and if they are not, a reason why you omitted the information or the reason for the inconsistency has to be provided.

The law is clear, while applications for different types of status engage different considerations, it does not necessarily flow that statements made in temporary residence applications cannot affect subsequent permanent residence applications (or vice versa). In Suri v. Canada, the court found that the Officer’s concerns vis-à-vis the contradictions between the Applicants’ temporary and permanent applications were reasonable and based on that the applicant's misrepresentation ban was upheld.

Federal courts have ruled on this numerous times.

See Tuiran v. Canada (Citizenship and Immigration), 2018 FC 324 (CanLII), <http://canlii.ca/t/hr59k
Alalami v. Canada (Citizenship and Immigration), 2018 FC 328 (CanLII), <http://canlii.ca/t/hr6r1>
Suri v. Canada available at http://canlii.ca/t/grvwt

 

[legalfalcon]

Hi @legalfalcon,

We recently received a request for new police certificates that must be submitted within 30 days. In our country they take 30 days to be issued (translation and certification not included).
However, we have police certificates that were issued 26 days before the request. Can we submit them?
It says on canada.ca that PCCs are valid for 6 months.

If IRCC is asking for PCCs, then they would need the more recent PCCs, than what you had submitted.

IF you cannot meet the 30 days deadline, you can inform IRCC by sending a web form that you need an extension and provide evidence on what actions you have taken to obtain PCC and timelines for the same.

 

[legalfalcon]

Hi @legalfalcon ,
Hope you are in good health and thank you so much for your consistent support.

Need your advice.

I got my PR visa stamped on my passport but my passport is expiring in 2023 april, so can i renew my passport or i need new pr visa stamp If i renew my passport.??

Or i need to carry both the passports while entering canada as PR?

YEs, you can renew your passport, and you can still use the previous passport with the visa along with the new passport to travel. You will have to carry both passports.

 

[legalfalcon]

Hi @legalfalcon ,

If we’re doing a soft landing first and then a few months later (maybe a year) relocate completely, what are the advantages and disadvantages of applying for our social security number during the soft landing phase? Or is it better to wait until we move permanently?

All Canadian residents should have a SIN. It is used to file taxes, get jobs, and get a bank account. There are no disadvantages to having it immediately upon landing, but it is mandatory if you want to be in Canada.

 

[legalfalcon]

Thank you so much for all your help @legalfalcon I got my PPR. My country of residence is India. My question is I have applied for PR (FSW-O) with spouse non-accompanying. Do I need to provide any of the below? The reason I am asking is because in the e-mail it is written - "Your failure to declare all of your family members, accompanying or not, will permanently exclude them from sponsorship under the Family Class regulations". Please advise.

STEP 3: PREPARE YOUR DOCUMENTS

You must submit together:
1. One copy of this letter.

2. Passport(s) OR photocopy(ies) of passport(s), as explained in Step 2.

3. Two (2) photos of yourself and of each accompanying family member. Photos MUST meet the precise specifications found in the link below or in Appendix A at the end of this letter. If you submit photos that do not meet the exact specifications, your package will be returned to you. www.cic.gc.ca/english/information/applications/guides/pdf/5445EB-e.pdf

4. If not yet paid, Right of Permanent Residence Fee (RPRF) for you and your accompanying spouse (if applicable). We strongly encourage you to pay your fees online and provide a copy of the receipt. To pay your fees online, click here: https://eservices.cic.gc.ca/epay/welcome.do.

5. The height and eye colour (for both eyes) for the Principal Applicant and all of his accompanying dependants

This letter is a generic letter. IF your spouse is non-accompanying, only you have provide this info.

 

[Shubham6120]

YEs, you can renew your passport, and you can still use the previous passport with the visa along with the new passport to travel. You will have to carry both passports.

Ohk sir, thank you for your help

 

[bashadavid]

Sir @legalfalcon
Currently, I am on a Visitor Record implied status. But was on a work permit before applying for Visitor Record.
I have completed all the requirements for an employer-specific work permit and plan to apply this week.
Question is: when I receive AOR for the work permit, can I go head start to work OR should I wait for the decision of the work permit application?
Thank you.

 

[legalfalcon]

Sir @legalfalcon
Currently, I am on a Visitor Record implied status. But was on a work permit before applying for Visitor Record.
I have completed all the requirements for an employer-specific work permit and plan to apply this week.
Question is: when I receive AOR for the work permit, can I go head start to work OR should I wait for the decision of the work permit application?
Thank you.

You cannot work unless your work permit is processed and issued, unless you fall under the following exception:

Note:

The extension of status by law (maintained status, previously known as implied status) under subsection R183(5) does not automatically authorize a temporary resident to continue working while their application for a renewal of their work permit is in progress. The temporary resident must also meet the requirements of paragraph R186(u) to continue working. Paragraph R186(u) applies only until a decision is made on the work permit renewal application.

Paragraph R186(u) allows foreign nationals to work without a permit if they (all must apply)

• applied to renew their work permit under section R201 before the original work permit expired
• have remained in Canada (meaning they have not physically left)
• continue to comply with the conditions set out on the expired work permit, other than the expiry date

Subsection R183(5) grants an extension of the period of authorized stay by operation of law, allowing a foreign national to maintain their temporary resident status. This was previously known as “implied status” and is now referred to as “maintained status.”

See https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/work-without-permit/authorization-work-without-work-permit-implied-status.html


Also see See https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/implied-status-extending-stay.html

 

[Med1989]

Hello @legalfalcon

Hope you're doing great

I have received a ready for visa email from CIC-OTTAWA-IMMIGRATION <cic-ottawa-immigration@cic.gc.ca> and the subject of the email is my application number. Plus, at the end, it was the agent's signature who used to send me emails for ADR from Ottawa VO.

I'm confused cause I see usually people in that forum received their ready for visa email from RCC.DoNotReplyCPC-O-NePasRepondreCTD-O.IRCC@cic.gc.ca and the subject is Ready for visa.

Your opinion will be really appreciated.

Thank you

 

[Deleted member 994371]

@legalfalcon

I am having my relative ship my PR card to my home country through a courier. I am going to enclose the a letter with following content:

I, <my full name>, to whom the status document was assigned to, authorize <name of the person sending PR card>, to send or bring my document to me at the following address:

<my full address>

The document is being sent with my complete permission and is not being used for any other purpose. The envelope will be opened by myself and will not be used by anyone else.

I am currently a valid holder of this document.

You may contact me for further clarification at the provided information below.

Regards.
<My full name>,
<contact information>

Does it cover all the following points:

• you were the lawful owner of the document before its seizure and remain the lawful owner;
• you did not participate in the fraudulent or improper use of the document;
• you exercised all reasonable care to determine that the person permitted to have the document was not likely to use the document fraudulently or improperly; and
• the return of the document would not be contrary to the purposes of the Immigration and Refugee Protection Act.


Also, should I include any other document such as copy of my passport or landing document (I feel including landing document will be risky.)


I do realize I am taking a risk either way by sending the PR card but I would appreciate any help you can provide me.

 

[Tejaaa123]

Hello Sir @legalfalcom hope you are in fine spirits. I have one question and I hope you will advise me. My BC PNP nomination done in Nov 2020 and Express entry AOR feb 2021.WES was already cleared. Recently the university from which I did masters deegre 10 years back landed in some controversy and is facing legal issues.I don't receive any message from ircc regarding this,but I received email from WES in October 2021 that they have send my masters deegre transcripts to univ for re verification. I visited university several times for re verification but authorities there expressed their inability to re verify my deegree as the case is Sub- judice and academic record of the university is with the court. Outcome of the case may take several years as the legal process in India is very slow.
Currently my WES account status shows on hold.Earlier WES have done positive evaluation of my degrees,on the basis of which I have applied.now what happens later in university,should not effect my eligibility. Recently I received re medical request also from ircc. Sir plz share ur views regarding my case

 

[legalfalcon]

@legalfalcon

I am having my relative ship my PR card to my home country through a courier. I am going to enclose the a letter with following content:




Does it cover all the following points:

• you were the lawful owner of the document before its seizure and remain the lawful owner;
• you did not participate in the fraudulent or improper use of the document;
• you exercised all reasonable care to determine that the person permitted to have the document was not likely to use the document fraudulently or improperly; and
• the return of the document would not be contrary to the purposes of the Immigration and Refugee Protection Act.


Also, should I include any other document such as copy of my passport or landing document (I feel including landing document will be risky.)


I do realize I am taking a risk either way by sending the PR card but I would appreciate any help you can provide me.

I cannot review documents or provide legal advice, and neither any of my responses should be construed as legal advice. I am not privy to your case, or your individual circumstances. I can only point you to the right resources, and you have to make your own determination as to how to go about it since I am not representing you.

If your PR card is confiscated, as I have mentioned, it is not a crime, and you can file the following BSF699 - Application for the Return of (a) Seized Travel and/or Identity Document(s)form to obtain your documents back.

https://www.cbsa-asfc.gc.ca/publications/forms-formulaires/bsf699-eng.html

 

[legalfalcon]

Hello Sir @legalfalcom hope you are in fine spirits. I have one question and I hope you will advise me. My BC PNP nomination done in Nov 2020 and Express entry AOR feb 2021.WES was already cleared. Recently the university from which I did masters deegre 10 years back landed in some controversy and is facing legal issues.I don't receive any message from ircc regarding this,but I received email from WES in October 2021 that they have send my masters deegre transcripts to univ for re verification. I visited university several times for re verification but authorities there expressed their inability to re verify my deegree as the case is Sub- judice and academic record of the university is with the court. Outcome of the case may take several years as the legal process in India is very slow.
Currently my WES account status shows on hold.Earlier WES have done positive evaluation of my degrees,on the basis of which I have applied.now what happens later in university,should not effect my eligibility. Recently I received re medical request also from ircc. Sir plz share ur views regarding my case

Section 75(8) of the IRP Regulations pertains to the evidentiary effect of the equivalency assessment:

It states:

Conclusive evidence

(8) For the purposes of paragraph (2)(e), subsection (2.1) and section 78, an equivalency assessment is conclusive evidence that the foreign diplomas, certificates or credentials are equivalent to Canadian educational credentials.

Unless WES makes a determination otherwise, the assessment on which your application was submitted, will be conclusive.

 

[DivyaSingh221x]

Hi Members

FSW-O AOR- Feb 2021 VO- RROC

We received ADR on 24th April for remedicals, schedule A and PCC and uploaded the same to portal on 7th May.

However I have mistakenly uploaded schedule A in the placeholder allocated for Spouse PCC.

We have done below steps as soon as we realized our mistake on 7th May itself. (Deadline to submit ADR was 24th May)

1.Raised webform explained and attached spouse Pcc on new webform portal
2.Raised webform explained and attached spouse Pcc on old webform portal
3.Sent PCC through email to RROC, CPC Ottawa and Local VO

Is there anything else we can do?? Will this result in rejection of our application ?

Has anyone gone through similar situation? Please help. We’re going through so much anxiety atm

We received 4 acknowledgment emails on 12th May and in ADR section on portal it says “12th May- We are reviewing the documents you provided “

PS- We have called IRCC twice during this time and both agents said it won’t result in rejection since we have sent the webform before due date and we’ll get a chance to rectify the mistake. But I’ve seen instances where IRCC call center agents not giving 100% accurate info. Pls advise

 

[Tejaaa123]

Section 75(8) of the IRP Regulations pertains to the evidentiary effect of the equivalency assessment:

It states:

Conclusive evidence

(8) For the purposes of paragraph (2)(e), subsection (2.1) and section 78, an equivalency assessment is conclusive evidence that the foreign diplomas, certificates or credentials are equivalent to Canadian educational credentials.

Unless WES makes a determination otherwise, the assessment on which your application was submitted, will be conclusive.

Thank you so much for replying