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

[legalfalcon]

Hi,
I received my notes and I have the following under assessment:
Eligibility: Passed
Security: Blank
Criminality:In progress

The strange thing I am the PA, my criminality is in progress while the VO asked for an additional PCC for my wife who has criminality passed.

Also the page that has the assessment information has the mention s15(1) on the top left corner and few other pages has this mention, I believe it is when they hide some information, in my case I think they have hidden the security as it is blank, any comment on that ? Thank you

It is your application and if any family member is inadmissible due to criminality, the application is rejected, this is why your criminality is in progress, as your are the PA.

As regards s15, see https://bit.ly/3eTYcE2

Also see https://www.oic-ci.gc.ca/en/investigators-guide-interpreting-act/section-15-international-affairs-and-defence

 

[Casatoor]

@legalfalcon
To be honest your comment makes me worried, what do you mean by rejected, are you saying it is rejected ?

 

[breakthrough2019]

Hi @legalfalcon , trust you are keeping well.
Please could you kindly help explain to me in summary how express entry applications move from one stage to the other via the different offices immediately after receiving an AOR.
My PR application is currently at a Canadian visa office in Accra after raising a webform weeks back. No specific detail was given.
AOR was on Jan 8th, Medicals passed and biometrics done.( I’m an Outland applicant)
Also do case processing centers or CIO offices also operate as visa offices for PR applications?

 

[legalfalcon]

@legalfalcon
To be honest your comment makes me worried, what do you mean by rejected, are you saying it is rejected ?

There is nothing to be worried and I sincerely regret if my statements made you feel that way. What I wanted to communicate was that under the immigration law, the family unity is not broken, i.e. if a family of 4 applies for immigration and if any one of them is inadmissible due to criminality, medicals etc., all family members will be inadmissible.

If your spouse's PCC was required to be submitted again, that is the reason why your criminality is still in progress.

It does not mean that there is anything wrong with your application.

 

[legalfalcon]

Hi @legalfalcon , trust you are keeping well.
Please could you kindly help explain to me in summary how express entry applications move from one stage to the other via the different offices immediately after receiving an AOR.
My PR application is currently at a Canadian visa office in Accra after raising a webform weeks back. No specific detail was given.
AOR was on Jan 8th, Medicals passed and biometrics done.( I’m an Outland applicant)
Also do case processing centers or CIO offices also operate as visa offices for PR applications?

For how an EE application is processed, see https://bit.ly/3izqFkS

CPC and CIO are offices and do the initial processing. They can also do eligibility, it all depends on workload distribution.

You can consider requesting GCMS notes to see progress of your application so far. However, not much processing happened in the last 2-3 months.

 

[Casatoor]

There is nothing to be worried and I sincerely regret if my statements made you feel that way. What I wanted to communicate was that under the immigration law, the family unity is not broken, i.e. if a family of 4 applies for immigration and if any one of them is inadmissible due to criminality, medicals etc., all family members will be inadmissible.

If your spouse's PCC was required to be submitted again, that is the reason why your criminality is still in progress.

It does not mean that there is anything wrong with your application.

Appreciate that you came back to me with clarification and yes it totally makes sense to me

 

[breakthrough2019]

For how an EE application is processed,

CPC and CIO are offices and do the initial processing. They can also do eligibility, it all depends on workload distribution.

You can consider requesting GCMS notes to see progress of your application so far. However, not much processing happened in the last 2-3 months.

Thanks a lot.

 

[moosas]

Hi @legalfalcon Appreciate your input.

I just got the GCMS notes (AOR Dec.17, FSW-O):

Notes 1:
Created Date: 2020/02/17
Updated Date: 2020/02/17
Restricted: No
Label: General
Office: CPC-Ottawa
Text: PReVU verified for passport received by CPC-O (Applicant information). Application sent for COPR printing.

Notes 2:
Created Date: 2020/01/27
Updated Date: 2020/01/27
Restricted: No
Label: EE Eligibility
A11.2 : Review Required
R75 : FSW MINIMUM REQUIREMENTS - Review Required
R76: SELECTION CRITERIA - FSW POINTS: APPEARS TO MEET
FSW Points total : 67
RPRF : Complete

From the Notes 2, the Assessment section of my GCMS notes, and webform inquiry result, my Eligibility is not passed yet. But this note 1 is confusing with reference to COPR and that's the last update I had. What does it mean? Some say IRCC may mistakenly put someone else's info into my app...

 

[legalfalcon]

Hi @legalfalcon Appreciate your input.

I just got the GCMS notes (AOR Dec.17, FSW-O):

Notes 1:
Created Date: 2020/02/17
Updated Date: 2020/02/17
Restricted: No
Label: General
Office: CPC-Ottawa
Text: PReVU verified for passport received by CPC-O (Applicant information). Application sent for COPR printing.

Notes 2:
Created Date: 2020/01/27
Updated Date: 2020/01/27
Restricted: No
Label: EE Eligibility
A11.2 : Review Required
R75 : FSW MINIMUM REQUIREMENTS - Review Required
R76: SELECTION CRITERIA - FSW POINTS: APPEARS TO MEET
FSW Points total : 67
RPRF : Complete

From the Notes 2, the Assessment section of my GCMS notes, and webform inquiry result, my Eligibility is not passed yet. But this note 1 is confusing with reference to COPR and that's the last update I had. What does it mean? Some say IRCC may mistakenly put someone else's info into my app...

Its does happen sometimes that incorrect info is entered. However, see the notes in the last 2-7 pages. What do they say about eligibility?

 

[moosas]

Its does happen sometimes that incorrect info is entered. However, see the notes in the last 2-7 pages. What do they say about eligibility?

Thanks a lot. Will such incorrectly entered info by IRCC block my app moving forward? My application hasn't had any progress ever since Notes 1.

My eligibility says Review Required on Arranged Employment, which I claimed points for. All other aspects of my eligibility is assessed/verified. On my AOR / lock-in date, my LMIA is still valid. My understanding is that as long as my lock-in date is before my LMIA validity date, it's NOT a problem even if LMIA expires in the middle of my EE approving process.

Due to Covid, ESDC has extended my LMIA validity from April to later this month. My initial hope was to get my PR result by then, so that I don't have to apply for a work permit. I am not sure having a temporary work permit application would affect my EE approval.

 

[legalfalcon]

Thanks a lot. Will such incorrectly entered info by IRCC block my app moving forward? My application hasn't had any progress ever since Notes 1.

My eligibility says Review Required on Arranged Employment, which I claimed points for. All other aspects of my eligibility is assessed/verified. On my AOR / lock-in date, my LMIA is still valid. My understanding is that as long as my lock-in date is before my LMIA validity date, it's NOT a problem even if LMIA expires in the middle of my EE approving process.

Due to Covid, ESDC has extended my LMIA validity from April to later this month. My initial hope was to get my PR result by then, so that I don't have to apply for a work permit. I am not sure having a temporary work permit application would affect my EE approval.

An incorrect info does not stop your application from being processed. However, if you have noticed a issue, you should inform IRCC via webform. In some cases it may take a long time for IRCC to correct this by themselves.

If you are claiming points for arranged employment, then your reference letter should clearly state that you will be employed for at least a year from the date your PR application is approved. As regards your LIMA, if it expires, that is not an issue.

WP applications and PR applications are processed independent of each other on their own merit.

 

[moosas]

An incorrect info does not stop your application from being processed. However, if you have noticed a issue, you should inform IRCC via webform. In some cases it may take a long time for IRCC to correct this by themselves.

If you are claiming points for arranged employment, then your reference letter should clearly state that you will be employed for at least a year from the date your PR application is approved. As regards your LIMA, if it expires, that is not an issue.

WP applications and PR applications are processed independent of each other on their own merit.

Thanks, I have already informed IRCC via webform last week, still waiting for their response.

My reference letter does meet all the requirements of claiming points for arranged employment. It seems from my GCMS notes that the case processing agent just put review required without even assessing it, as the agent didn't write down any recommendation/notes about it as the agent did on all other aspects of Eligibility. Is it just because they require a more senior officer as arranged employment is not so common (does not mean there is any red flag wrt review required)?

Will IRCC cross check work experiences declared in PR application vs WP application? While I only put working experiences that I claimed points for in EE, an WP application requires proof of every work experience.

 

[ntachi]

Hi @legalfalcon, if I receive ITA for CEC with only 11 months of Canadian work experience (because the system only considers month and year), can I accept this ITA but submit the documents only after I complete the 12 months of Canadian work experience, or I must decline the early ITA altogether and accept another ITA only after I complete the 12 months? I know this is a recurrent question but I am in a tight situation with my current visa I can't find a precise answer for this.

 

[NewtScamander]

When any of your fixed deposits matures, you can either invest it into another FD or just withdraw and keep it in any account. As of now you do not need to send any documents to IRCC. However, if IRCC does ask or any additional PoF documents, then you can send the bank statement of where you deposited the funds or a new FD certificate and explain from where the funds cam from. As long as you have the money trail, you need not worry.

Thanks for the detailed reply! Have a good day!

 

[legalfalcon]

Thanks, I have already informed IRCC via webform last week, still waiting for their response.

My reference letter does meet all the requirements of claiming points for arranged employment. It seems from my GCMS notes that the case processing agent just put review required without even assessing it, as the agent didn't write down any recommendation/notes about it as the agent did on all other aspects of Eligibility. Is it just because they require a more senior officer as arranged employment is not so common (does not mean there is any red flag wrt review required)?

Will IRCC cross check work experiences declared in PR application vs WP application? While I only put working experiences that I claimed points for in EE, an WP application requires proof of every work experience.

I am not privy to your documents, but this is an old post that explains things in general terms, reposting it here:

IMPORTANT INFORMATION

The issue was, whether prior TRV application in which an employment detail was left out can be added to the PR application, and would this inconsistency be of any concern.

The answer is simple. If you file any application with IRCC, be it TRV, WP, PR etc, any of them can be looked into to review your current application and any inconsistency can be a cause of misrepresentation. All applications have to be consistent, and if they are not, a reason on why you omitted the information has to be provided.

Now I will not be deliberating that if the prior application was refused, why it should be looked into again, or you file a TRV before and you did not disclose an employment but subsequently claimed pints for it in PR and got a PPR without any issues. This is all anecdotal. Just because someone was not caught, does not make him innocent.

They law is clear, while applications for different types of status engage different considerations, it does not necessarily flow that statements made in temporary residence applications cannot affect subsequent permanent residence applications (or vice versa). In Suri v. Canada, the court found that the Officer’s concerns vis-à-vis the contradictions between the Applicants’ temporary and permanent applications were reasonable and based on that the applicant's misrepresentation ban was upheld.

Similarly, in the case of In Goburdhun v Canada (Citizenship and Immigration), 2013 FC 971 at para 28, Justice Strickland summarized the key considerations outlined in the jurisprudence, including the fact that paragraph 40(1)(a) is to be given a broad interpretation, capturing misrepresentations even if made by a third party such as a consultant, without the knowledge of the applicant (see also Wang v Canada (Citizenship and Immigration), 2015 FC 647 at para 25). The only exception to this rule is narrow and applies in the truly extraordinary circumstances where an applicant honestly and reasonably believed that they were not misrepresenting a material fact and knowledge of the misrepresentation was beyond the applicant’s control.