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

[legalfalcon]

Dear @legalfalcon
I need your urgent assistance.

I applied in 2014 under FSWP and got rejection due to selection of wrong NOC.

Now in 2017, I am at post ITA stage and on the verge of submitting my application.

My question is:

Is it required to say "YES" of the following question in Schedule-A in case of my spouse as she was included in the application as dependent spouse:

"Have you, or, if you are the principal applicant, any of your family members listed in your application for permanent residence in Canada, ever:
been refused refugee status, an immigrant or permanent resident visa or application to the PNP or visitor or temporary resident visa to Canada or any other country?"

Provided that, I have answered this question as 'YES" in my schedule-A form and provided the details.

Should the answer be "YES" for my spouse also in her Schedule-A?

You will have to answer yes for the PA, not the dependents and explain this in LoE, and also include the refusal letter. This question has no bearing on your application, in terms of processing.

 

[Yazeed]

If IRCC has requested for a PCC, and you cannot obtain one, you can send the explanation to IRCC and see if they will waive it. However, if your can provide one, you should as it will make the processing faster.

What made me confused is that in the cic website, they instruct to say the following if a PCC from Libya was asked:
"If you live outside of Libya:
Certificates are not available for former residents. If you no longer live in Libya, you are not required to provide a Libyan police certificate. If you are asked for a police certificate from Libya, write: “I cannot provide a police certificate for the time I spent in Libya because certificates are not available to former residents."

I'll try to get one, but to be honest, I doubt that I can get a PCC from Libya.

Thank you LegalFalcon

 

[legalfalcon]

What made me confused is that in the cic website, they instruct to say the following if a PCC from Libya was asked:
"If you live outside of Libya:
Certificates are not available for former residents. If you no longer live in Libya, you are not required to provide a Libyan police certificate. If you are asked for a police certificate from Libya, write: “I cannot provide a police certificate for the time I spent in Libya because certificates are not available to former residents."

I'll try to get one, but to be honest, I doubt that I can get a PCC from Libya.

Thank you LegalFalcon

If you cannot get one, there is no issue. You can just send an explanation. But, if you can get one without much trouble, that will surely help in expediting the processing.

 

[Hussam08]

You don't have to upload your mother's passport unless you are using it for claiming siblings or relative points. If you are not claiming family points, you can just ignore it.

If you are claiming points, then you will need affidavits.

Thank you so much. This was worrying me.

 

[Hussam08]

@legalfalcon

I have another query. I have half of the required funds as POF in my 2 accounts and the other half parked in Mutual Funds investments. I was under the impression that I cannot show MF statement and will have to liquidate it for showing as POF. But through research, I understood that I can show MF statement as a part of POF. But before I knew this I asked my Father to transfer the same amount as parked in my MF into my account through his company account in which I am a 10% partner. Now I have asked my Father to share a legal document to state that the money transferred to me is the share of my capital in his company and that it isn't a loan. Which is true.

I hope what I am doing is correct and do you suggest I should do anything more than what I have mentioned above? Will this create any confusion in processing my application?

 

[hamiltondreamer]

First, there really is no such thing as filing for ‘legal separation’ in Canada. You are legally separated as soon as you and your spouse are ‘living separate and apart’. However, the term ‘legal separation’ is commonly used to describe the contract that is created between two spouses at the time of their separation.

Second, there is no time limit to being separated, and a divorce will never automatically occur after or because of a separation. In fact, you can remain indefinitely separated from your spouse without ever filing for divorce. The only legal reason to obtain a divorce is if one partner wishes to remarry.

This will depend on your country. Not all countries have the consent of legal separation, annulment etc. So you have to be in compliance with the laws of your country.

Thank you I understand this but when filling the ITA form when they ask for marital status it gives me the option of picking legally separated . Now the next question is have you been a in a previous relationship would the answer be appropriate to state NO considering the fact that a person who is legally separated is still in that marriage because you cant get married while legally separated . That's my question , I hope you can throw more light . Don't want to seen as misrepresentation.

 

[hamiltondreamer]

when assessing a law degree its advisable to use IAQS. They will give you the maximum points for professional degree. You may need to reevaluate your degree with IAQS

its IQAS not IAQS

 

[doverraja]

Hi Legalfalcon,
my company provides a computer generated employment letter from the support team .so there is no signature.

The letter says "This is a computer generated letter .so Signature is not required"

Is it enough or do i need to write an LOE?

Thanks

 

[Yazeed]

If you cannot get one, there is no issue. You can just send an explanation. But, if you can get one without much trouble, that will surely help in expediting the processing.

Thank you

 

[legalfalcon]

@legalfalcon

I have another query. I have half of the required funds as POF in my 2 accounts and the other half parked in Mutual Funds investments. I was under the impression that I cannot show MF statement and will have to liquidate it for showing as POF. But through research, I understood that I can show MF statement as a part of POF. But before I knew this I asked my Father to transfer the same amount as parked in my MF into my account through his company account in which I am a 10% partner. Now I have asked my Father to share a legal document to state that the money transferred to me is the share of my capital in his company and that it isn't a loan. Which is true.

I hope what I am doing is correct and do you suggest I should do anything more than what I have mentioned above? Will this create any confusion in processing my application?

It is not where you get the funds from, it is that you have to have them in your account for 6 months. This is done to ensure that the funds are not borrowed. If you cannot meet the 6 months average balance, you can then show the transfer, or else it is not required and a simple statement from bank as pr IRCC format is all that is required.

 

[legalfalcon]

Thank you I understand this but when filling the ITA form when they ask for marital status it gives me the option of picking legally separated . Now the next question is have you been a in a previous relationship would the answer be appropriate to state NO considering the fact that a person who is legally separated is still in that marriage because you cant get married while legally separated . That's my question , I hope you can throw more light . Don't want to seen as misrepresentation.

As explained, legally separated is not divorce. It will depend on your country. I am not sure what you are trying to get to and what you situation is. asking questions in abstract does not help.

 

[legalfalcon]

Dear Legalfalcon,
I have a BALLB degree from India which was a five year integrated course. WES has assessed it as a "Dual Bachelor's(Four years)". Now my query is, can I add BA and LLb as two separate degrees in my educational credentials or my degree can be considered as a single bachelor's degree only. If it will be considered as a single degree, the points that I will get are very low.

If you get it done by WES, it will double bachelors, and if you get it done by IQAS, you LLB will be first processional degree, which is equal to Masters.

 

[legalfalcon]

Hi Legalfalcon,
my company provides a computer generated employment letter from the support team .so there is no signature.

The letter says "This is a computer generated letter .so Signature is not required"

Is it enough or do i need to write an LOE?

Thanks

You will need reference letters form colleagues, which you can get on plain paper and get them notarized.

 

[kukie]

Hi Legalfalcon,

I have a very crucial query. My brother has revieved his COPR and plans to land on 26th Oct. He wants to get engaged (by means of a social traditional ritual) before that. Will that affect his immigration? Since change in any personal details must be communicated to IRCC, will this pose a problem? If so, can we plan in within a month after landing? What are the regulations regarding this?

Kindly help..

 

[Hussam08]

It is not where you get the funds from, it is that you have to have them in your account for 6 months. This is done to ensure that the funds are not borrowed. If you cannot meet the 6 months average balance, you can then show the transfer, or else it is not required and a simple statement from bank as pr IRCC format is all that is required.

But my father has already transferred the funds end of September, this will show a sudden increase in money. So I am taking a letter from my Father's company that the amount transferred is my share of the capital and that it isn't expected back from me at any given point in time.

Will this work?