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

[legalfalcon]

Hi @legalfalcon

I don’t know if you remember me from my previous posts; my AOR is June 2017 (yes, 2 and a half years ago). My file was sent for Comprehensive Background Checks but CSIS as per my latest notes have already sent they recommendation back to CBSA in August of 2018. Since then no movement... I’ve seen somewhere on the forum that you’re a lawyer or work with lawyers, wouldn’t it make sense to apply for Mandamus now? 2.5 years is just too ridiculous of a wait with no movement for a process that averages 6 months. At this point all I want is a decision so I can move on with my life ... I’m an FSW-O applicant and my file is being processed in London.

I am a lawyer, but my comments here are not legal advise and should not be constituted as one. I merely help applicants and who ever I post or say, it just my opinion.

First of all, you need to understand what a mandamus is. Simply put, Mandamus is a judicial command to an authority ordering them to perform a public or statutory duty. Any mandamus application has to be filed before a Federal Court in Canada. This can only be done by lawyers. If you are engaging one, you are looking at a cost of 3-7K deepening on the experience and specialisation of the lawyer.

Further, after CSIS sends its recommendation, CBSA will then process it and submit combined report to IRCC. Then the final review happens and a decision on the application is made.

When a Mandamus is filed, only when there has been an inordinate delay, i.e. something over 1.5-2 years, it is even worth thinking about it. If you have already reached this stage where CSIS has sent its report to CBSA, just give it some time.

However, if you feel you just can't wait, and you are willing to spend money, you are more them welcome to engage legal services and file a Mandamus. The lawyer you engage, will let you know based on your specific circumstances what will can be done. But, do remember that not all mandamus challenges are successful. IRCC can justify its delay by showing a need for additional checks citing national security, and when national security is cited, the Courts usually are not very inclined to intervene.

This is just my opinion.

 

[legalfalcon]

please add me to the group

Which group do you want to join. Check you inbox.

 

[legalfalcon]

hi @legalfalcon
I am currently pursuing MBA general from Pondicherry University in distance education mode and working as an office assistant. I plan to submit my profile in EE somewhere around 2021.
Now seeing the current CRS cutoff I fear that I may not get enough points to meet the cut-off.
hence I am planning to do a 1 year MBA from a Canadian university in order to boost my score after my MBA from India. These 1-year MBA programs require work experience which I am having and I will be having 3 yrs bachelor + 2 yrs masters to get 4 yr Canadian equivalency to get admission.

I read on the web that the study visa gets rejected due to not having a logical progression. so as I will have my masters is it possible to get a study visa for another 1 yr MBA program?

as I am studying in distance mode education in India will it be a problem for admission and getting the visa?


also, my age will be 28 years at the time I am planning to apply, will it be a red flag for the study visa?

Thanks in advance

Applying for a student visa is dependent on many factors. Why you want to pursue your education in Canada, your chances of employment in your home country after you finish your education, you contacts with your home country, your scores and English proficiency are just a few of the factors.

As long as you can get admission, and you get a visa, I don't see a problem.

Also, the CRS score will be high, but also consider PNP.

 

[legalfalcon]

Hi @legalfalcon
Our AOR is 29 the may and we just completed our 6 months last week. We had to undergo additional tests for medicals and since October no further medicals were requested and we also recieved our work permit.
Still medical says it's under review, does this mean other steps like background check, criminality and eligibility have not started yet and we are looking at long delay in our file processing, it will be really appreciated if you could shed some light here
Thanks

The other stages would have started. But to be sure you need to see your GCMS notes.

 

[legalfalcon]

Hello sir,
I just received an ADR asking me to uplod form IMM 5406
And my spouse has been asked to upload IMM 5406 , IMM 5669 and military history record.

in the statuory questions, my husband was refused a visitor visa in 2004 but he re-applied in 2016 and had got a visitor visa and we travelled their on vacation as well. Should i explain all this in the given section or how to go about it ? Also, military history details forms which they have sent to me in email is not editable version and when i checked online a diff form is provided, should i make a new similar form in excl fill it up and upload or how else to go about it ?
Your swift reply will mean alot.

You can use the online form or just send the information in an excel sheet with explanation. Either of them will work.

 

[legalfalcon]

Hi Legal Falcon

I am a mental health patient and I want my best friend to visit me on a TRV. She's is dependent on her brother for stuff and she's a homemaker. She doesn't know how to speak in English as well. I am the one who's helping her with the application. I am a PR myself and living alone since I landed. I have depression and anxiety and Mental health issues. Would she be able to come to meet me?

I mean is it a solid reason?

My parents cannot come to Canada because they have their own life in Pakistan.

Can you tell me if I may go to any consultant on this?

The TRVs are issued based on many factors. If your friend can show that she can sponsor herself, will leave the country after her stay, there is no reason why the visa will be refused. Also, anyone can send an invitation letter.

 

[MoeD]

I am a lawyer, but my comments here are not legal advise and should not be constituted as one. I merely help applicants and who ever I post or say, it just my opinion.

First of all, you need to understand what a mandamus is. Simply put, Mandamus is a judicial command to an authority ordering them to perform a public or statutory duty. Any mandamus application has to be filed before a Federal Court in Canada. This can only be done by lawyers. If you are engaging one, you are looking at a cost of 3-7K deepening on the experience and specialisation of the lawyer.

Further, after CSIS sends its recommendation, CBSA will then process it and submit combined report to IRCC. Then the final review happens and a decision on the application is made.

When a Mandamus is filed, only when there has been an inordinate delay, i.e. something over 1.5-2 years, it is even worth thinking about it. If you have already reached this stage where CSIS has sent its report to CBSA, just give it some time.

However, if you feel you just can't wait, and you are willing to spend money, you are more them welcome to engage legal services and file a Mandamus. The lawyer you engage, will let you know based on your specific circumstances what will can be done. But, do remember that not all mandamus challenges are successful. IRCC can justify its delay by showing a need for additional checks citing national security, and when national security is cited, the Courts usually are not very inclined to intervene.

This is just my opinion.

Thank you for always supporting.
CSIS sent their recommendation to CBSA in August of 2018, so it’s been over 1 year now and hence why I’m growing impatient. You’re right though, maybe waiting just a bit longer won’t hurt. I’ll give this until February, at that point my file would reach 32 months since AOR, and I’m sure I’d break the record for the longest time an application took, and hence maybe Mandamus would be the only way forward. Does your firm handle such cases?

 

[vivi153]

Got my PPR today.
My wife is in india and I am CEC inland applicant.
I came to US for a visit and planning to stay untill christmas. I have couple of questions.
1. As per the email "Two (2) photos of yourself and of each accompanying family member."
So , Do I have to send her photos as well or is it enough if she submits in India ?

2.I am thinking to give an US address to receive my PR visa . is it ok ?

Please give your ideas

 

[kunwardeep singh sethi]

@legalfalcon
Dear sir
I have a question which has confused me a lot back in 2017 my sinp oid got ineligible due to some reasons. Afterwards i made my express entry profile n got nominated by alberta and in month of october got my ppr n copr in hand . Knw my main concern is this at the time of landing if the concern authority asked me about my previous refusal about the canada visa wht should i answer . I will be really very thank full to you

 

[kunwardeep singh sethi]

@legalfalcon
Dear sir
I have a question which has confused me a lot back in 2017 my sinp oid got ineligible due to some reasons. Afterwards i made my express entry profile n got nominated by alberta and in month of october got my ppr n copr in hand . Knw my main concern is this at the time of landing if the concern authority asked me about my previous refusal about the canada visa wht should i answer . I will be really very thank full to you

 

[saran09]

@legalfalcon

I have been a silent reader and in EE waiting over 6 months. My AOR: May 22nd (VO Ottawa). I just realized that we made a mistake while filling out the forms in EE profile. Under 'Personal details' there was a question:'Have I applied to IRCC before?', for which I answered 'no'. I initially thought they were referring to previous PR applications and hence said no, while I had got a visitor visa previously approved and actually submitted the passport pages showing the stamped visitor visa in the PR application. So, though we had no intention of misrepresenting/hiding this information, we are worried that it could be seen so. So, we have explained this in a webform to them immediately (today) and not sure how this might affect our chances. I know it was dumb of us to realize this so late into the application process. If you have any suggestions on what else could be done to make sure this does not become an issue, it would be helpful.
AOR: May 22nd
The last time we called IRCC (Nov 22nd), they said criminality passed, eligibility under review and security not started.

 

[legalfalcon]

@legalfalcon

I have been a silent reader and in EE waiting over 6 months. My AOR: May 22nd (VO Ottawa). I just realized that we made a mistake while filling out the forms in EE profile. Under 'Personal details' there was a question:'Have I applied to IRCC before?', for which I answered 'no'. I initially thought they were referring to previous PR applications and hence said no, while I had got a visitor visa previously approved and actually submitted the passport pages showing the stamped visitor visa in the PR application. So, though we had no intention of misrepresenting/hiding this information, we are worried that it could be seen so. So, we have explained this in a webform to them immediately (today) and not sure how this might affect our chances. I know it was dumb of us to realize this so late into the application process. If you have any suggestions on what else could be done to make sure this does not become an issue, it would be helpful.
AOR: May 22nd
The last time we called IRCC (Nov 22nd), they said criminality passed, eligibility under review and security not started.

This is not an issue, especially when it was a prior Canadian visa as IRCC would have that information anyway and you have also clarified it.

The 6 months processing time starts from the date your R10 is passed and not from the date when you receive your AoR.

There are many other applicants from May who are still waiting, so your case is nothing exceptional. You can call and enquire if your eligibility has passed, and consider requesting GCMS notes if you want to know the details.

 

[legalfalcon]

@legalfalcon
Dear sir
I have a question which has confused me a lot back in 2017 my sinp oid got ineligible due to some reasons. Afterwards i made my express entry profile n got nominated by alberta and in month of october got my ppr n copr in hand . Knw my main concern is this at the time of landing if the concern authority asked me about my previous refusal about the canada visa wht should i answer . I will be really very thank full to you

creating a profile or a rejection of a provincial nomination does not amount to a rejection by IRCC

 

[legalfalcon]

Got my PPR today.
My wife is in india and I am CEC inland applicant.
I came to US for a visit and planning to stay untill christmas. I have couple of questions.
1. As per the email "Two (2) photos of yourself and of each accompanying family member."
So , Do I have to send her photos as well or is it enough if she submits in India ?

2.I am thinking to give an US address to receive my PR visa . is it ok ?

Please give your ideas

1. If you intend to submit the passport separately, then you have to inform IRCC and specific instructions will be sent to you. If you are in Canada or US, your VO to which you will have to send your passport is Ottawa. So even if you provide your address in the US, you will still have to send your passport to Ottawa.

2. You can do that, but make sure that it can take 3-5 weeks for the passport to be returned.

 

[legalfalcon]

Thank you for always supporting.
CSIS sent their recommendation to CBSA in August of 2018, so it’s been over 1 year now and hence why I’m growing impatient. You’re right though, maybe waiting just a bit longer won’t hurt. I’ll give this until February, at that point my file would reach 32 months since AOR, and I’m sure I’d break the record for the longest time an application took, and hence maybe Mandamus would be the only way forward. Does your firm handle such cases?

It is on a case by case basis. What you read here and see its all amateurish stuff. Unless a professional sees your documents, evaluates the chances, no one suggest anything. Also do a search of mandamus on Canlii and you will see that Mandamus as stated is not that easy as it sounds.