Self-Employed Application 2020
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- Start date
mamasvoice
Star Member
- Sep 14, 2020
- 60
- Category........
- BUSINESS
- Visa Office......
- Sydney, NS
- NOC Code......
- 5135
- App. Filed.......
- 12-22-2020
I highly suggest at this point in your application that you call IRCC at their international hotline here: 1-613-944-4000. My advice is to call at exactly 8:00 AM Canada time, and no earlier or later. I live in Canada, and when I called at 7:59 AM, I got a voice message saying they were still closed. Other times when I called at 8:01 AM, I could not get through to an agent anymore and kept getting voice messages and stayed in an endless queue. So when the clock strikes 8:00 AM, start dialling immediately and be prepared with your UCI and application numbers. You have one minute to connect to IRCC. If you call at 8:00 AM sharp, you will definitely be able to speak with a live agent. If you end up calling at 8:01, it's going to be too late and you need to try again the next day.
I think that getting the GCMS Notes (for the ones who don't have their permanent AOR yet) and calling IRCC helped a lot to compel them to process our application. I got GCMS Notes twice (first in May 2022 and then again in April 2023). I was actually discouraged, especially with the last GCMS Notes, as our application was tagged as still "Prospective" with zero updates and it was already 2023. Then I started calling IRCC, asking about our application. They said it was still within the processing time, but I said I wanted to follow up anyway. I think I called twice or thrice in May and June. A couple months after that, we got out permanent AOR and passport request on the same day.
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I am also waiting for my Permanent AOR no. so what is the process to get those GCMS notes?
How I can ask for them with Temp AOR no?
I applied in 2021 July and have got Temp AOR and nothing else.. so I need to understand that how GCMS notes helps and how I should proceed .. please help me if you have knowledge related to this process...
mamasvoice
Star Member
- Sep 14, 2020
- 60
- Category........
- BUSINESS
- Visa Office......
- Sydney, NS
- NOC Code......
- 5135
- App. Filed.......
- 12-22-2020
Hi,
Since you applied in 2021, it will take a while longer for you to receive your permanent AOR. If you want to get GCMS Notes, you can start here: https://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=463&top=1. You need a Canadian citizen or permanent resident who can apply for the GCMS Notes on your behalf. This document will help you see where your application is in terms of progress.
What information do GCMS notes give you that you can't see on the portal? How long does it take to get the notes? Webform takes 2-3 months to get a response.
Hi. got the rejection today. I had shown my experience from March 2018 to November 2020 which is more than 2 years. and I applied in December 2020. my rejection letter says as I do not have relevant experience as it is not beginning five years before the date of application. However what I understand is it has to be during during the period beginning five years before the date of application.
Is this rejection right? or should I apply for reconsideration through immigration lawyer?
“Relevant experience” means a minimum of two years of experience, during the period beginning five years before the date of application for a permanent resident visa and ending on the day a determination is made in respect of the application, consisting of
(i) in respect of cultural activities,
(A) two one-year periods of experience in self-employment in cultural activities,
(B) two one-year periods of experience in participation at a world class level in cultural activities, or
(C) a combination of a one-year period of experience described in clause (A) and a - 2 - one-year period of experience described in clause (B),
(ii) in respect of athletics,
(A) two one-year periods of experience in self-employment in athletics,
(B) two one-year periods of experience in participation at a world class level in athletics, or
(C) a combination of a one-year period of experience described in clause (A) and a oneyear period of experience described in clause (B), and
Subsection 100(2) of the Regulations states that if a foreign national who applies as a member of the self-employed persons class is not a self-employed person within the meaning of subsection 88(1), the application shall be refused and no further assessment is required.
Immigration Section - Service de l’Immigration
7/8 Shantipath, Chanakyapuri PO Box 5209 New Delhi 110021 India www.india.gc.ca
Based on the information provided as part of your application, I am not satisfied that you possess the relevant experience and/or ability to make a significant contribution to cultural or athletic activities in Canada. I am thus not satisfied that you meet the definition of a "selfemployed person" set out in subsection 88(1) of the regulations.
Consequently, you are not eligible to receive a permanent resident visa as a member of the selfemployed persons class.
Is this rejection right? or should I apply for reconsideration through immigration lawyer?
“Relevant experience” means a minimum of two years of experience, during the period beginning five years before the date of application for a permanent resident visa and ending on the day a determination is made in respect of the application, consisting of
(i) in respect of cultural activities,
(A) two one-year periods of experience in self-employment in cultural activities,
(B) two one-year periods of experience in participation at a world class level in cultural activities, or
(C) a combination of a one-year period of experience described in clause (A) and a - 2 - one-year period of experience described in clause (B),
(ii) in respect of athletics,
(A) two one-year periods of experience in self-employment in athletics,
(B) two one-year periods of experience in participation at a world class level in athletics, or
(C) a combination of a one-year period of experience described in clause (A) and a oneyear period of experience described in clause (B), and
Subsection 100(2) of the Regulations states that if a foreign national who applies as a member of the self-employed persons class is not a self-employed person within the meaning of subsection 88(1), the application shall be refused and no further assessment is required.
Immigration Section - Service de l’Immigration
7/8 Shantipath, Chanakyapuri PO Box 5209 New Delhi 110021 India www.india.gc.ca
Based on the information provided as part of your application, I am not satisfied that you possess the relevant experience and/or ability to make a significant contribution to cultural or athletic activities in Canada. I am thus not satisfied that you meet the definition of a "selfemployed person" set out in subsection 88(1) of the regulations.
Consequently, you are not eligible to receive a permanent resident visa as a member of the selfemployed persons class.
Your refusal is “Based on the information provided as part of your application, I am not satisfied that you possess the relevant experience and/or ability to make a significant contribution to cultural or athletic activities in Canada. I am thus not satisfied that you meet the definition of a "selfemployed person" set out in subsection 88(1) of the regulations.”
Nothing in refusal mentions not having relevant experience. What is your NOC? Has all your work been self employed? Did you show that your business was profitable? IRCC doesn’t believe you can support yourself as a self employed person in Canada (you will need to get a job); your work doesn’t bring significant cultural contributions; and you don’t meet the definition of self employed
Hi. In my gckey login also it says
Review of eligibility
- August 29, 2023 We regret to inform you that you do not meet the eligibility requirements. Please see the final decision below.
I think the reason for refusal is not properly interpreting the law. “Relevant experience” means a minimum of two years of experience, during the period beginning five years before the date of application.
(mine is April 2018 to Nov 2020 = 30 months)
Immigration officer might be thinking that my 2 years experience has to start from the beginning of five years before that date of application.
I applied in Dec 2020 so he thinks it should have been from Jan 2015 to Dec 2016. But that statement says it should be "during the period beginning five years before the date of application"
So whoever has 5 years experience can be from Jan 2016 to Dec 2020,
4 years can be from Jan 2017 to Dec 2020
3 years can be from Jan 2018 to Dec 2020
2 years can be from Jan 2019 to Dec 2020
1 year can be from Jan 2020 to Dec 2020
On this ground I am thinking of reconsideration explaining everything above.
I have ordered gcms notes from thegcmsonline.com which will take around 30 days.
So I wanted to know till when can i apply for reconsideration? is it 60 days within refusal for outside Canada application?
any reference for immigration lawer for applying for reconsideration?
what is your NOC and what is your timeline? what they gave the reason for refusel?
You are guessing that the only reason for your refusal is your years of experience but the refusal doesn’t state that. Think it is much more than that given the refusal reason. Get GCMS notes. Talk to a Canadian lawyer because usually PR applications do not have a reconsideration process. You may have to file a judicial review to argue an error in law. This is through the Federal Courts.
There is no time limit within which you have to apply for reconsideration, however reconsiderations are rarely granted unless you can prove ircc made a mistake. Better be prepared.
If I may: I suggest you do a review of the documents you submitted, as to IRCC standard, all facts that hasn't been proved is not true. that said, you can be self employed for 13 years in real life, but only considered 1 year self employment towards PR review if the documents you showed were only adequate to support one year experience. So double check whether you have provided enough evidence to prove your statement, if in doubt, provide more evidence with you reconsideration request through the webform. Good Luck!
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