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

[Suzirizi]

I have sudden increase in my account because my spouse transferred that money. Do I need to provide a stamp paper from my spouse or just letter of tion from my spouse that he is allowing me to use the money? He will be accompanying me

 

[target70]

@legalfalcon
Need one suggestion.
I applied before in paper based FSW in 2014 using NOC 2173. My application was rejected at that time due to quota reaching its limit. I was not provided any client ID or UCI number in rejection letter. Now i have got invite under express entry under NOC 2174. There is a question which asks whether you have applied to IRCC before? Shall i answer yes or no? If i answer yes it again asks me UCI number which i dont have. Shall i mention this in my LOE then again the previous NOC was different than what i have got nomination in .
Your opinion please. TIA!

 

[legalfalcon]

I have sudden increase in my account because my spouse transferred that money. Do I need to provide a stamp paper from my spouse or just letter of tion from my spouse that he is allowing me to use the money? He will be accompanying me

For the proof of funds all you need is the following:

• The applicant should provide an official letter(s) from one or more financial institutions that lists all current bank and investment accounts as well as outstanding debts, such as credit card debts and loans.
  • o The letter(s) must be printed on the letterhead of the financial institution and must include the applicant’s name, the contact information of the financial institution (address, telephone number and email address), the account numbers, the date each account was opened and the current balance of each account as well as the average balance for the past six months.

http://www.cic.gc.ca/english/resources/tools/perm/express/intake-complete.asp

If you are showing your spouse's account as a PoF, then you should add a No objection certificate from the spouse. If it is a joint account, there is no problem with it. However, the individual accompanying spouse's account will have to follow the above IRCC requirement.

 

[legalfalcon]

@legalfalcon
Need one suggestion.
I applied before in paper based FSW in 2014 using NOC 2173. My application was rejected at that time due to quota reaching its limit. I was not provided any client ID or UCI number in rejection letter. Now i have got invite under express entry under NOC 2174. There is a question which asks whether you have applied to IRCC before? Shall i answer yes or no? If i answer yes it again asks me UCI number which i dont have. Shall i mention this in my LOE then again the previous NOC was different than what i have got nomination in .
Your opinion please. TIA!

The answer will be no as your application was never accepted, so the file was not processed. Just answer no and processed.

 

[Synergies2017]

@Synergies2017 I received your message, but since you are a new member, I cannot reply back. You can post your question here, or join my WhatsApp group https://chat.whatsapp.com/Dc0wrRuMRBrEJBC1il3EDO

Thankyou for your reply! It was about salary Mismatch in DS-160 and EE application. The agent who filled my DS-160 form mentioned wrong salary, however all the other details about job and company are correct. Since my payslips doesn't match with the salary mentioned in DS-160, how can I convince CIC that it was an error?

 

[lucky07]

Hi Legalfalcon,
Last time in my thread, i have mentioned that i have received an ITA with the help of representative/lawyer, since lawyer was forcing for Canada PCC, he didnt submit my papers and the ITA will expire on 16th Aug. Due to this and many more frustrations with him, i decided to create my own profile and have received ITA. As you have advised last time, I will update this in LOE stating with last Express entry number but will mention that I am not using that profile as well as representative and i have created my own.
But while filling an application, there is a question - "Have you applied for Permanent Residence (PR) before?" what should i answer for this ? - NO ?

Also do i really need to tell CIC about my earlier profile in LOE and share details. I am afraid as it might lead to confusion also..
I will submit my profile after 16th Aug in any case.

Thanks in advance for your help/suggestion.

 

[narindersahib]

Hi legalfalcon,
Coul you pl share link, where it's mentioned that gcms notes are reviewed by an officer before dey r released? I doubt if officer who actually works on our file review gcms notes.

 

[binsin]

Hi,

In the application post ITA, there is a question to provide details of immediate family members.

I have some doubts on that:

1) Do we have to provide supporting document proof for their age?
2) What happens if you dont know their date of birth - i mean i know the age but dont know the exact date of birth.
3) Will they reject application based on these information?

Thanks in advance.

 

[sasidraj]

The law for gifts in India is as follows:

A gift deed by itself is a legal instrument which is notarized and on a stamp paper. Why would one legal document need an affirmation through an affidavit (another legal instrument).

As per the Transfer of Property Act, 1882 (the law in India which governs transfer of movable and immovable property) in Chapter VII (which deals with Gifts) Section 123 clearly states:

123. Transfer how effected

For the purpose of making a gift of immovable property, the transfer must be effected by a registered instrument signed by or on behalf of the donor, and attested by at least two witnesses.

For the purpose of making a gift of movable property, the transfer may be effected either by a registered instrument signed as aforesaid or by delivery.

Such delivery may be made in the same way as goods sold may be delivered.

So in effect, there is no requirement for a written instrument. However, to show evidence of the gift to IRCC, a written instrument is required.

A gift deed or an affidavit is sufficient, as both, the stamp paper and the gift deed are executed on a Rs. 100 stamp paper, and the stamp paper is registered in the name of the person who is executing the document, i.e. the donor.

Further, section 122 defines a gift and lays down the requirement for how the gift is made:

122. "Gift" defined

"Gift" is the transfer of certain existing movable or immovable property made voluntarily and without consideration, by one person, called the donor, to another, called the donee, and accepted by or on behalf of the donee.

Acceptance when to be made-Such acceptance must be made during the lifetime of the donor and while he is still capable of giving.

If the donee dies before acceptance, the gift is void.

The basic requirements that you need to show in a gift deed are:

a. The transfer should be made voluntarily;
b. without consideration (no expectation of money or other favours); and
c . an acceptance by the donee.

The acceptance by the donee can be in fact or by legal instrument. If the amount is already in your account, then you need not worry as you have accepted it in fact. Alternatively, you can sign the gift deed by claiming that it has been accepted.


Hope this helps!

Many thanks LegalFalcon.

 

[legalfalcon]

Hi legalfalcon,
Coul you pl share link, where it's mentioned that gcms notes are reviewed by an officer before dey r released? I doubt if officer who actually works on our file review gcms notes.

The Immigration file is not reviewed by one officer. There are multiple officers who review it before it is processed and their acronyms are available on the GCMS notes.

However, if you read the Access to Information act, specifically section 4-12 it clearly states that before access is provided the head of the government institution who has control over the information (here IRCC) will determine if that information should be released in full or in part.
When the GCMs notes are released certain information is retracted mostly under section 15 /16 of the Access to Information Act.

The email which is sent by IRCC also states this :

The processing of your request is now complete. Please refer to the following for an explanation as to what was released:

Disposition of your records: Disclosed in part

Section(s) of the Act applied (if applicable): 19(1) personal information

You received the following amount of pages (if applicable): 146

This cannot be the case without an IRCC official reviewing the file before it is released. Further, if you do not provide a consent from your spouse (given that the spouse is included), the spouse's information is not disclosed and is retracted. So definitely its not the same officer, as stipulated in the Act, the head of the institution, who could be acting through any of its agents (employees) has to ensure compliance with privacy laws.

 

[legalfalcon]

Thankyou for your reply! It was about salary Mismatch in DS-160 and EE application. The agent who filled my DS-160 form mentioned wrong salary, however all the other details about job and company are correct. Since my payslips doesn't match with the salary mentioned in DS-160, how can I convince CIC that it was an error?

DS-160 is for US and you are trying to convince IRCC about a US document. While US and Canada do share information, minute details like all visa applications are not disclosed because that information is private and can only be disclosed to you, or the government can use it for its own investigation.

 

[legalfalcon]

Hi Legalfalcon,
Last time in my thread, i have mentioned that i have received an ITA with the help of representative/lawyer, since lawyer was forcing for Canada PCC, he didnt submit my papers and the ITA will expire on 16th Aug. Due to this and many more frustrations with him, i decided to create my own profile and have received ITA. As you have advised last time, I will update this in LOE stating with last Express entry number but will mention that I am not using that profile as well as representative and i have created my own.
But while filling an application, there is a question - "Have you applied for Permanent Residence (PR) before?" what should i answer for this ? - NO ?

Also do i really need to tell CIC about my earlier profile in LOE and share details. I am afraid as it might lead to confusion also..
I will submit my profile after 16th Aug in any case.

Thanks in advance for your help/suggestion.

The answer will be No, as only application filed post ITA are considered application when you are allocated a UCI number. In the interest of disclosure you should, but even if you don't it won't be an issue.

 

[RoseDB]

Hi,

I have a question related to my WES Evaluation Summary: it is as follows

Canadian Equivalency Summary:
Bachelor's Degree (four Years) & Completion of a college Certificate (one year).

My question is, can I claim points for two or more certificates, Diplomas and Degrees?

NOTE: Initially WES evaluated my one year certificate as one-semester and later I had my university Fax the program requirement and details stating that it is a full one year program and it requires Bachelor's degree to qualify for it. However, WES evaluated it as college certification,isnread of Post-Bachelors Certificate.

Please Advise!!

 

[legalfalcon]

Hi,

I have a question related to my WES Evaluation Summary: it is as follows

Canadian Equivalency Summary:
Bachelor's Degree (four Years) & Completion of a college Certificate (one year).

My question is, can I claim points for two or more certificates, Diplomas and Degrees?

NOTE: Initially WES evaluated my one year certificate as one-semester and later I had my university Fax the program requirement and details stating that it is a full one year program and it requires Bachelor's degree to qualify for it. However, WES evaluated it as college certification,isnread of Post-Bachelors Certificate.

Please Advise!!

To claim points for "two or more certificates, Diplomas and Degrees"

You need to have

A three-year or more certificate, diploma, or degree

PLUS any of the results in the sections below (not including secondary/high school), or:

• Post-Bachelor's Certificate
• Post-undergraduate certificate
• Post-Bachelor's Diploma
• Post-undergraduate diploma
• Graduate Certificate
• Graduate Certificate with a focus in [area of concentration]
• Postgraduate certificate
• Postgraduate Diploma
• Graduate Diploma with a focus in [area of concentration]
• Graduate diploma
• two-year Postgraduate Diploma, specializing in [name of discipline]
• two-year Bachelor’s after degree with a focus in [area of concentration]
• one-year Postgraduate Certificate in [name of discipline]
• Dual Bachelor’s degree (four years)

http://www.cic.gc.ca/english/immigrate/skilled/eca-conversion.asp

If your evaluation meets this, you can chose it.

 

[dammieh]

@legalfalcon hello, I need to ask a quick question pls. Post-ITA, in the section where you are asked to declare immediate family members that are not included in the application, do you know or remember the exact details you are to fill in? Does it include date of birth, occupation etc. I need the exact details pls. Thank you.