A39-A41 Non - Compliance

[hassan_shabbi]

Hi ALL,

I got my GCMS notes today and in the Other reqs section, A39-A41: 1 is checked. The type is non-compliance and it is not started. Do i need to worry about anything or is this a regular check?

best regards,
HS

 

[mf4361]

They are checks on whether you are inadmissible to Canada.
http://www.cic.gc.ca/english/resources/manuals/enf/enf01-eng.pdf

A39 is financial reason
A40 is for misrepresentation
A41 is non-compliance with act

Its all required check and it just sounds like the checks is not started. So no worries for now

 

[rizwanrazzaq]

Hi ALL,

I got my GCMS notes today and in the Other reqs section, A39-A41: 1 is checked. The type is non-compliance and it is not started. Do i need to worry about anything or is this a regular check?

best regards,
HS

Hi
i also got same in GCMS since 15-march 2017. status.. not started
in latest gcms in July 2017 its same still not started after even 4 months

 

[bsb111]

Hi. I received my notes on Dec 11, 2017 but A39-A41 = 1, Non-Compliance, Status: Cancelled. I would like to know what does it mean?

Also I have 5 subactivities in Security Screening section.
I am in Security Screening since 16 July, 2017. AOR is 21 April, 2017 and FSWO.

 

[Johnnextdoor]

Hey,
Just received my GCMS notes some days ago.
The status of A39-A41 of ny notes also indicates cancelled. Can anyone pls let me know what does this mean?
@legalfalcon @CANADA IMMIGRATION

 

[egam189]

Hey,
Just received my GCMS notes some days ago.
The status of A39-A41 of ny notes also indicates cancelled. Can anyone pls let me know what does this mean?
@legalfalcon @CANADA IMMIGRATION

I have the same, status: cancelled. I think this means no worries. @legalfalcon ?

 

[egam189]

Hey,
Just received my GCMS notes some days ago.
The status of A39-A41 of ny notes also indicates cancelled. Can anyone pls let me know what does this mean?
@legalfalcon @CANADA IMMIGRATION

I actually found this: https://www.canadavisa.com/canada-immigration-discussion-board/threads/november-2018-aor-join-here.592713/page-1222

In his application, A39-A41 status was failed. So I am 95% sure that cancelled mean there is nothing to worry about (also reading other comments on other threads, it seems that they do that to almost every applicant).

 

[Johnnextdoor]

I actually found this: https://www.canadavisa.com/canada-immigration-discussion-board/threads/november-2018-aor-join-here.592713/page-1222

In his application, A39-A41 status was failed. So I am 95% sure that cancelled mean there is nothing to worry about (also reading other comments on other threads, it seems that they do that to almost every applicant).

Yes. So am I about that percent sure. I even enquired about it in a few groups and people had to say that it's some regular thing and nothing to bbe worried about. So let's just wait.
BTW, I see that your a Dec AOR, CEC applicant. Have you heard of any applicants of your month's time receive a PPR around this time?

 

[egam189]

Yes. So am I about that percent sure. I even enquired about it in a few groups and people had to say that it's some regular thing and nothing to bbe worried about. So let's just wait.
BTW, I see that your a Dec AOR, CEC applicant. Have you heard of any applicants of your month's time receive a PPR around this time?

Some have received their recently (in the past few weeks) but there are still some people waiting, even from AOR NOV 2019.

 

[legalfalcon]

I have the same, status: cancelled. I think this means no worries. @legalfalcon ?

Cancelled means that there were no concerns so it was not proceeded or cancelled.

Here A39-41 refers to IRPA regulations

According to Section 39 or the IRPA, a foreign national is inadmissible for financial reasons if they are or will be unable or unwilling to support themself or any other person who is dependent on them, and have not satisfied an officer that adequate arrangements for care and support, other than those that involve social assistance, have been made.


According to Subsection 40(1) of the IRPA, a permanent resident or a foreign national is inadmissible for misrepresentation:

1. For directly or indirectly misrepresenting or withholding material facts relating to a relevant matter that induces or could induce an error in the administration of the IRPA [according to the Immigration Manual, admissibility for misrepresentation occurs only if it is material; the misrepresentation must affect the process undertaken by or the final decision of the immigration officer];

According to Section 41 of the IRPA, a person is inadmissible for failing to comply with the IRPA:

1. In the case of a foreign national, through an act or omission which contravenes, directly or indirectly, a provision of the IRPA; and
2. 
   
3. In the case of a permanent resident, through failing to comply with Subsection 27(2) [which states that a permanent resident must comply with any conditions imposed under the IRPR] or Section 28 of the IRPA.
   

Part 1, Division 4 of the Act makes distinctions based on categories of inadmissibility related to:

• criminality;
• 
  
• organized criminality;
• security;
• human or international rights violations;
• health;
• financial reasons;
• misrepresentation;
• non-compliance;
• inadmissible family members.

 

[shayusuf247]

Here is my GCMS notes for this section:

A39-A41: 1
Type: Non-Compliance
Status: Cancelled

Old Value: Not started
New value: Cancelled

 

[lins90]

@legalfalcon Hi, I have a question regarding non-compliance field. My AOR was August 24, 2020. CEC-Inland. Application includes myself and spouse. From callcenter agent ,as of April 29th, 2021 eligibility, criminality, security and medical are passed. Info sharing is complete.

At the time of application my spouse was outland. However, in January she came to Canada on a student visa. Officer put a note on May 9th that spouse overseas ( came to know that with GU and later phone call) and I raised a webform on May 10th stating that spouse is inland with her flight ticket, study permit and visa.

Today I got another GU. Called IRRC and came to know that the field "non-compliance" was cancelled before and which is now "in progress". Should I be worried ? Is this can be a negative note on file or something ? What does this non-compliance means in my case. She got admission in Quebec with a scholarship and I live in Nova Scotia. Also spouse was requested re-medicals in April and passed in the same month

Really appreciate your advise . Thanks

 

[legalfalcon]

@legalfalcon Hi, I have a question regarding non-compliance field. My AOR was August 24, 2020. CEC-Inland. Application includes myself and spouse. From callcenter agent ,as of April 29th, 2021 eligibility, criminality, security and medical are passed. Info sharing is complete.

At the time of application my spouse was outland. However, in January she came to Canada on a student visa. Officer put a note on May 9th that spouse overseas ( came to know that with GU and later phone call) and I raised a webform on May 10th stating that spouse is inland with her flight ticket, study permit and visa.

Today I got another GU. Called IRRC and came to know that the field "non-compliance" was cancelled before and which is now "in progress". Should I be worried ? Is this can be a negative note on file or something ? What does this non-compliance means in my case. She got admission in Quebec with a scholarship and I live in Nova Scotia. Also spouse was requested re-medicals in April and passed in the same month

Really appreciate your advise . Thanks

There is no need to be concerned.

A39 - 41 refers to the inadmissibility based on financial reasons, misrepresentation or non-compliance with IRPA.

All applications have to go though A39-A41, but it will depend on the officer based on the circumstances of the application where a specific check is required or not.

To read more on security see https://bit.ly/3apWglN

 

[lins90]

@legalfalcon However, it was cancelled before ( I understand that cancelled means it is completed or there is no need for that particular step) and all stages were passed before. Now the agent said that they started processing it - non -compliance , a cancelled process has been restarted even after everything passed . This makes me confused and afraid

 

[Kelly11063]

@legalfalcon Hello sir, my notes received July 2021 appeared that "A39-A41 type: non-compliance; status: not started." since October 2020. After about 10 month, should I worry about it?