Expert Advise for specific cases

[BillHyatt]

Hi,

As I have not been active for a long time due to my Medical condition, but now as I recovered I thought to get back in touch with you guys and provide assistance on matters that are complex in nature.

My apology as I will not be able to reply to old queries, as they are 100's of them and some are too old that replying now will not be worth.

If anyone of you need case specific advise that you aren't able to get in the forum, then you can leave your question here or PM me and I will be answering them ASAP.

Cheers!

 

[kelvincky]

Asking for my friend.

She has been working at a nail salon as a manicurist (NOC 2011, Type C) for 1 year with a working holiday permit. She is in implied status right now and is applying a new 2 years employer specific work permit with her current employer. Will she be eligible for express entry? Or any other program for PR? She has no Canadian education and no other type 0, A or B job experience at all.

 

[oxiz3n]

Hi @BillHyatt Glad to know of your recovery!

My question - I have used Uncle in Canada adaptability points but now that I have enough fsw points that is 70, and waiting for next ITA, can I remove my uncle from application now? As I don't want to get in hassle with getting documents, will be tough.

There have been some cases where people updated their EE profile and got invalid for reasons unknown. So I'm a bit worried should I update now? Thanks!

 

[zardoz]

Asking for my friend.

She has been working at a nail salon as a manicurist (NOC 2011, Type C) for 1 year with a working holiday permit. She is in implied status right now and is applying a new 2 years employer specific work permit with her current employer. Will she be eligible for express entry? Or any other program for PR? She has no Canadian education and no other type 0, A or B job experience at all.

Without skilled work experience, she is unlikely to be able to apply under Express Entry. I doubt that any of the provincial programs would be accessible either.

 

[kelvincky]

Without skilled work experience, she is unlikely to be able to apply under Express Entry. I doubt that any of the provincial programs would be accessible either.

that's my understaning too, without any skilled work experience and no Canadian education, I don't see any programs she will be eligible to. Her immigration consultation charged her $5000 in advance for applying express entry in the future after she gets her 2 years employer specific work permit approve (which is still in progress right now and was charge $5000 on top, so $10000 in total). I find it a little bit sketchy.

 

[ColexMT]

Welcome back. Glad you are fine.

I need your assistance on an issue bothering me, before anxiety weighs me down.

I am one month post AOR. I applied as single and I intend to add my fiancée to my application at some point before PPR. I know what that entails so I have it covered. My concern however is the fact that my fiancée had at a time misrepresented a work experience (she was at that time doing a 2nd degree part-time study and learning a craft) in her US visa application which was refused for lack of ties to her home country.

Specifically, in her US visa application, she mentioned working with company ABC from 2014 to date (as at the time). In her Canada application, we are stating she was studying and learning craft within the same period, which is visible on the internet.

I know I have to mention her past visa refusals; so, considering that I have to include her activities in the past 10 years in her personal history and the mispresented work experience isn't included, which of course would contrast with the data on her US visa application, how best can we overcome this misrepresentation. We don't intend to continue with the misrepresentation, and thankfully the refusal letter did not mention any misrepresentation.

So, our concern is if the contrasting details (between the two applications) will be deemed material by CIC.

Would wiriting an LOE admitting the mispresentation be deemed enough? I can't think of any other way, really. I am worried that the misrepresentation may be considered a ground to reject our PR application.

So here is my situation. I appreciate your feedback.

Thank you.

 

[BillHyatt]

Hi @BillHyatt Glad to know of your recovery!

My question - I have used Uncle in Canada adaptability points but now that I have enough fsw points that is 70, and waiting for next ITA, can I remove my uncle from application now? As I don't want to get in hassle with getting documents, will be tough.

There have been some cases where people updated their EE profile and got invalid for reasons unknown. So I'm a bit worried should I update now? Thanks!

You need 67 points out of 100 to be qualified. The six selection factors test will be conducted again once your file is submitted. So, if you remove anything that make your point below 67 you will be immediately disqualified.

For changes made before ITA are not considered serious, anything after ITA is a part of your file and that will be reviewed by the Agent and comments will be made in your GCMS Notes.

I hope this will help.

 

[BillHyatt]

Asking for my friend.

She has been working at a nail salon as a manicurist (NOC 2011, Type C) for 1 year with a working holiday permit. She is in implied status right now and is applying a new 2 years employer specific work permit with her current employer. Will she be eligible for express entry? Or any other program for PR? She has no Canadian education and no other type 0, A or B job experience at all.

Hi, Your friend can be eligible for Express Entry if she is registered with any of the following 2 programs:

1. Provincial Nomination
2. Atlantic Immigration Pilot program

Other than that she may only be eligible for work permit for 2 years.

I hope this will help.

 

[BillHyatt]

Without skilled work experience, she is unlikely to be able to apply under Express Entry. I doubt that any of the provincial programs would be accessible either.

Provincial Nomination route is allowed for Type C and Type D workers for Express Entry. In addition, AIP can also take people from this group.

 

[kelvincky]

Hi, Your friend can be eligible for Express Entry if she is registered with any of the following 2 programs:

1. Provincial Nomination
2. Atlantic Immigration Pilot program

Other than that she may only be eligible for work permit for 2 years.

I hope this will help.

My understanding is, If her work permit only allows her to work for this employer in BC,then she is not qualified for Atlantic Immigration Pilot program since the Atlantic program does not include BC. Also BC Provincial Nomination also does not nomination type C job. Correct?

 

[BillHyatt]

Welcome back. Glad you are fine.

I need your assistance on an issue bothering me, before anxiety weighs me down.

I am one month post AOR. I applied as single and I intend to add my fiancée to my application at some point before PPR. I know what that entails so I have it covered. My concern however is the fact that my fiancée had at a time misrepresented a work experience (she was at that time doing a 2nd degree part-time study and learning a craft) in her US visa application which was refused for lack of ties to her home country.

Specifically, in her US visa application, she mentioned working with company ABC from 2014 to date (as at the time). In her Canada application, we are stating she was studying and learning craft within the same period, which is visible on the internet.

I know I have to mention her past visa refusals; so, considering that I have to include her activities in the past 10 years in her personal history and the mispresented work experience isn't included, which of course would contrast with the data on her US visa application, how best can we overcome this misrepresentation. We don't intend to continue with the misrepresentation, and thankfully the refusal letter did not mention any misrepresentation.

So, our concern is if the contrasting details (between the two applications) will be deemed material by CIC.

Would wiriting an LOE admitting the mispresentation be deemed enough? I can't think of any other way, really. I am worried that the misrepresentation may be considered a ground to reject our PR application.

So here is my situation. I appreciate your feedback.

Thank you.

This doesn't impact the PR application process and no need to get in details. Just write an explanation that missed to provide some documents with file lead to refusal.

However, I don't understand what you mean by including fiancee. May be as a spouse then in that case the process will differ.

 

[BillHyatt]

My understanding is, If her work permit only allows her to work for this employer in BC,then she is not qualified for Atlantic Immigration Pilot program since the Atlantic program does not include BC. Also BC Provincial Nomination also does not nomination type C job. Correct?

She can apply in other province then get a relieve letter from than and work in BC. The provinces only needs money and doesn't care where you work. For instance, if you have a job in BC and apply for ON, then ON will receive money but the least they want is that a person is unemployed and they have to pay them benefits.

So, once the money is received and you have a job in other province you can just ask for a relieve letter and the work anywhere in Canada.

I don't know her plans but I can only suggest possibilities of becoming PR.

 

[ColexMT]

This doesn't impact the PR application process and no need to get in details. Just write an explanation that missed to provide some documents with file lead to refusal.

Thanks. But I don't understand what you meant by "write an explanation that missed..." Are you suggesting I write an LOE? If yes, what do you think I should state in it?

However, I don't understand what you mean by including fiancee. May be as a spouse then in that case the process will differ.

Yes, she's my spouse (we are getting married next month 2 months post AOR) that I'll be adding later to my application. Will that change your response?