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

[kgrajiv]

Your nomination has nothing to do with the processing with IRCC. Ontario processes its application under its Provincial immigration Law where as IRCC processes its application under the Immigration and Refugee Protection Act.

They are entirely separate processes.

If your AOR is Oct 12, then you are very early in the process.

As per IRCC's annual 2019 annual report it takes 8-9 months for an application to process.
https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/annual-report-parliament-immigration-2019.html

How long did it take to process an Express Entry application?
Table 35 displays the time, in months, that IRCC took to process 80% of applications under each program. In 2019, IRCC did not meet the processing standard of finalizing 80% of all applications sourced via Express Entry within six months. The processing time for Express Entry, overall, was eight months. As an alternative measure of processing times, 60% of applications finalized in the 12-month period ending on December 31, 2019, were completed within the six-month service standard.

Table 35: Processing Times for Express Entry applications finalized by year and immigration category, in months

Program	2017	2018	2019
Canadian Experience Class	4	5	7
Federal Skilled Worker	4	6	9
Provincial/Territorial Nominee	6	6	9
Federal Skilled Trades	6	7	12
All Programs	5	5	8

Source: CIC_EDW (MBR) as of January 3, 2020
Data is operational and as such should be considered preliminary and subject to change.

• Processing times refer to the time in which 80% of applications were finalized by IRCC. The processing time is measured from the day a complete application is received until the time a final decision is made by an immigration officer.

Thanks @legalfalcon for the detail explanation. It provides additional insight on the processing time as well how OINP and EE process are treated.

I was long looking for delay on my application. It is just very apparent that my case will not get closed and I get PR right away in 3 months that too in this COVID time.

My specific question was as per my knowledge, usually Eligibility check happens either in CIO or CPC.

Mine was in CPC, Sydney and not sure what was the reason why they have sent it to local VO in Etobicoke?

I heard the cases which are transferred to Etobicoke which may require additional reviews and usually Etobicoke does not have a CPC but it is usually used for inland interview center, so cases get delayed further, wanted your opinion on the same.

Thanks in Advance for your advice

 

[MayTa]

@legalfalcon
Good evening,
I have a question. my husband got the CSQ in March 2019. The expiration date is on March 2021. We still didnt got the PPR.. If we get it after March 2021, can he still enter in Canada with an expired CSQ?

 

[Shubham6120]

Hi @legalfalcon need you advice.
I have done MBA from different city and in my last semester i had done my internship from jan to april from my home town. However i got govt job on 11th april and i joined the state government.
The problem is in address history what duration should i mention of mba? 08/2012 to ??? I had taken a letter from the intern organisation that from 11th april to 30th april my work was purely telephonic. Should i attach the letter with LOE??
PLEASE HELP.

 

[Hussainkhan2019]

Hi @legalfalcon
What will be the impact of paternity leave on my BCPNP based PR application if it’s 80% complete and I proceed on paternity leave?

 

[001875]

@legalfalcon is it required to submit information regarding visa refusal for US when I was 16 years old?

 

[legalfalcon]

@legalfalcon is it required to submit information regarding visa refusal for US when I was 16 years old?

All visa refusals should be disclosed. IF you are unaware of any, you can explain it in LoE.

All your visa refusals should be declared in your application, not doing so can lead to misrepresentation. As per law you have an obligation to be truthful. Section 16(1) of the IRPA states:

• 16 (1) A person who makes an application must answer truthfully all questions put to them for the purpose of the examination and must produce a visa and all relevant evidence and documents that the officer reasonably requires.

See Tuiran v. Canada (Citizenship and Immigration), 2018 FC 324 (CanLII), <http://canlii.ca/t/hr59k
Alalami v. Canada (Citizenship and Immigration), 2018 FC 328 (CanLII), <http://canlii.ca/t/hr6r1>

 

[legalfalcon]

Hi @legalfalcon
What will be the impact of paternity leave on my BCPNP based PR application if it’s 80% complete and I proceed on paternity leave?

No impact. Paternity leave is your right.

 

[legalfalcon]

Hi @legalfalcon need you advice.
I have done MBA from different city and in my last semester i had done my internship from jan to april from my home town. However i got govt job on 11th april and i joined the state government.
The problem is in address history what duration should i mention of mba? 08/2012 to ??? I had taken a letter from the intern organisation that from 11th april to 30th april my work was purely telephonic. Should i attach the letter with LOE??
PLEASE HELP.

Just mention where you were, until the time you were at that address.

08/2012 - 12/2016 - MBA School
01/2017 - 04/2017 - Internship
05/2017 - xxxxx - Job

If there is any discrepancy, you can explain in LoE, especially about the internship.

 

[legalfalcon]

@legalfalcon
Good evening,
I have a question. my husband got the CSQ in March 2019. The expiration date is on March 2021. We still didnt got the PPR.. If we get it after March 2021, can he still enter in Canada with an expired CSQ?

Have you applied for PR using the CSQ?

Are you in Canada or outside?

 

[Shubham6120]

Just mention where you were, until the time you were at that address.

08/2012 - 12/2016 - MBA School
01/2017 - 04/2017 - Internship
05/2017 - xxxxx - Job

If there is any discrepancy, you can explain in LoE, especially about the internship.

Thanks alot @legalfalcon

 

[legalfalcon]

Thanks @legalfalcon for the detail explanation. It provides additional insight on the processing time as well how OINP and EE process are treated.

I was long looking for delay on my application. It is just very apparent that my case will not get closed and I get PR right away in 3 months that too in this COVID time.

My specific question was as per my knowledge, usually Eligibility check happens either in CIO or CPC.

Mine was in CPC, Sydney and not sure what was the reason why they have sent it to local VO in Etobicoke?

I heard the cases which are transferred to Etobicoke which may require additional reviews and usually Etobicoke does not have a CPC but it is usually used for inland interview center, so cases get delayed further, wanted your opinion on the same.

Thanks in Advance for your advice

If you are an inland applicant Etobicoke is one of the offices that deals with inland applicants. Also, each office where your application is sent has special processing features to streamline the operations. Each application is processed on its own merits. No one can speculate a timeline.


As per IRCC's annual 2019 annual report it takes 8-9 months for an application to process.
https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/annual-report-parliament-immigration-2019.html

How long did it take to process an Express Entry application?
Table 35 displays the time, in months, that IRCC took to process 80% of applications under each program. In 2019, IRCC did not meet the processing standard of finalizing 80% of all applications sourced via Express Entry within six months. The processing time for Express Entry, overall, was eight months. As an alternative measure of processing times, 60% of applications finalized in the 12-month period ending on December 31, 2019, were completed within the six-month service standard.

Table 35: Processing Times for Express Entry applications finalized by year and immigration category, in months

Program	2017	2018	2019
Canadian Experience Class	4	5	7
Federal Skilled Worker	4	6	9
Provincial/Territorial Nominee	6	6	9
Federal Skilled Trades	6	7	12
All Programs	5	5	8

Source: CIC_EDW (MBR) as of January 3, 2020
Data is operational and as such should be considered preliminary and subject to change.

• Processing times refer to the time in which 80% of applications were finalized by IRCC. The processing time is measured from the day a complete application is received until the time a final decision is made by an immigration officer.

 

[MayTa]

Have you applied for PR using the CSQ?

Are you in Canada or outside?

I am a canadian citizen and lives in Canada. My husband lives in Lebanon. We applied to spouse sponsorship. In the process of the sponsorship, they asked us to apply so my husband could get the CSQ.

This is my timeline :

Application process before refusal and appeal

Spouse sponsorship application received at CPC-Sydney - August 10, 2018
Application linked online - January 21, 2019
AOR - January 22, 2019
Biometric instructions - February 7, 2019
Sponsor Decision made on ECAS - February 8, 2019
Biometric done - February 11, 2019
Sponsor Acceptance letter - February 13, 2019
Application sent to Lebanon Visa Office - February 25, 2019
Letter to send application for the CSQ - February 25, 2019
CSQ received - March 19, 2019
Interview invitation - March 22, 2019
Interview done - April 3, 2019
Letter of refusal received by email - April 16, 2019
Appeal filed - April 18, 2019
ADR and won the same day - November 4, 2019

Application process after winning the appeal

Application reopened at CPC-Mississauga - November 28, 2019
Email received to update some forms, to send a new police certificate and medical instruction - December 3, 2019
Medical passed - December 9, 2019
Pre-arrival - ???
DM - ???
PPR - ???

Sponsor lives in Montréal, QC
PA lives in Lebanon

 

[legalfalcon]

I am a canadian citizen and lives in Canada. My husband lives in Lebanon. We applied to spouse sponsorship. In the process of the sponsorship, they asked us to apply so my husband could get the CSQ.

This is my timeline :

Application process before refusal and appeal

Spouse sponsorship application received at CPC-Sydney - August 10, 2018
Application linked online - January 21, 2019
AOR - January 22, 2019
Biometric instructions - February 7, 2019
Sponsor Decision made on ECAS - February 8, 2019
Biometric done - February 11, 2019
Sponsor Acceptance letter - February 13, 2019
Application sent to Lebanon Visa Office - February 25, 2019
Letter to send application for the CSQ - February 25, 2019
CSQ received - March 19, 2019
Interview invitation - March 22, 2019
Interview done - April 3, 2019
Letter of refusal received by email - April 16, 2019
Appeal filed - April 18, 2019
ADR and won the same day - November 4, 2019

Application process after winning the appeal

Application reopened at CPC-Mississauga - November 28, 2019
Email received to update some forms, to send a new police certificate and medical instruction - December 3, 2019
Medical passed - December 9, 2019
Pre-arrival - ???
DM - ???
PPR - ???

Sponsor lives in Montréal, QC
PA lives in Lebanon

CSQ is used to file a PR application. If you have already submitted a spousal sponsorship, you will have to wait for a decision. If your sponsored spouse wants to come to Canada, then your spouse will need a TRV. You can use a CSQ to apply for a PR application, but since you have applied for spousal sponsorship, the CSQ is of no significance.

 

[caipsnotes]

Government of Canada announces new policy to help former international students live in, work in and continue contributing to Canada

News release
January 8, 2021—Ottawa—International students bring so much to Canada, contributing over $21 billion annually to our economy and supporting the vitality of our communities. Yet the pandemic has presented myriad challenges for international students. Most notably, for many holders of a post-graduation work permit (PGWP), the pandemic’s disruption and uncertainty have jeopardized their chances of obtaining the work experience they need to apply for permanent residence.
As part of the Government of Canada’s efforts to support international students through this challenging time, the Honourable Marco E. L. Mendicino, Minister of Immigration, Refugees and Citizenship, today announced that former international students who hold or held a PGWP will have the opportunity to apply for an open work permit.
Foreign nationals in Canada affected by the pandemic with an expired or expiring PGWP will have a unique chance to apply for another open work permit. These will be valid for 18 months and allow former international students to remain in Canada, continue to seek employment and build their future in this country.
The government has made significant efforts to encourage international students to settle permanently in Canada, as they help create jobs and fill labour shortages so our businesses can thrive. They bring strong employment and language skills, bolstered by their Canadian education and work experience, so they are typically well positioned to apply for permanent resident status. More than 58,000 graduates successfully applied to immigrate permanently in 2019, and their decisions to stay in Canada will help to address our stark demographic challenges.
As we confront the pandemic’s second wave and chart a course for our recovery, attracting skilled immigrants is a central part of our plan. This new policy will help more graduates fill pressing needs in areas like health care, technology and more. As we look forward, it will help even more former international students build their futures in Canada, contributing in ways large and small to our short-term recovery and long-term prosperity.
Quotes

“Whether as nurses on the pandemic’s front lines, or as founders of some of the most promising start-ups, international students are giving back to communities across Canada as we continue the fight against the pandemic. Their status may be temporary, but the contributions of international students are lasting. This new policy means that young students from abroad who have studied here can stay and find work, while ensuring that Canada meets the urgent needs of our economy for today and tomorrow. Our message to international students and graduates is simple: we don’t just want you to study here, we want you to stay here.”
—The Honourable Marco E. L. Mendicino, P.C., M.P., Minister of Immigration, Refugees and Citizenship

Quick facts

• In 1971, there were 6.6 people of working age for each senior. There are currently 3 Canadian workers for every retired Canadian, but by 2035, there will be only 2 workers for every retiree. Without immigrants to help support the needs of an aging population, younger Canadians will end up paying more per person to provide the same benefits.
• Immigration, Refugees and Citizenship Canada estimates that as many as 52,000 graduates with expired or expiring PGWPs could benefit from the public policy. Of nearly 61,000 PGWP holders whose work permit had an expiry date between January and December 2020, about half either have already become permanent residents or have a permanent residence application in processing.
• To apply for an open work permit under the public policy, an applicant must
  • have a PGWP that expired on or after January 30, 2020, or a PGWP that expires in 4 months or less from the date they apply
  • still be in Canada
  • have a valid temporary status, or be applying to restore their status
• Applications will be open from January 27 to July 27, 2021.
• Details on how to apply will be added to Immigration, Refugees and Citizenship Canada’s website on January 27, 2021.

Source : https://www.canada.ca/en/immigration-refugees-citizenship/news/2021/01/government-of-canada-announces-new-policy-to-help-former-international-students-live-in-work-in-and-continue-contributing-to-canada.html

 

[legalfalcon]

1. Answer all questions truthfully. Your husband was arrested / detained. You can explain this in the LoE and also mention that you may have answered this incorrectly in your previous application.

As per IRPA:

Any application you file can be looked into and there should be no discrepancy if you have filed multiple applications. If you filed a TRV in which you did not declare a job, and then you claimed a posts for a job in your PR application, this is a discrepancy. Similarly if you were refused a visa before, the same has to be declared in the subsequent application filed with IRCC.

If you file any application with IRCC - 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. Even if the reason is that you inadvertently forgot to mention a prior refusal, you have to inform IRCC.

Section 16(1) of the IRPA states:

• 16 (1) A person who makes an application must answer truthfully all questions put to them for the purpose of the examination and must produce a visa and all relevant evidence and documents that the officer reasonably requires.

While answering the statutory questions you have to list all prior visa refusals. Failing to declare any prior visa refusal is misrepresentation and the federal court has ruled on it in the following decision:

Algohar v. Canada (Citizenship and Immigration), 2019 FC 1364 (CanLII), available at http://canlii.ca/t/j36dk

It is an applicant's duty to disclose all material information pertaining to ones information and answer all questions truthfully.

If you inadvertently forgot to mention a prior visa refusal, you can send a webform and inform IRCC. Irrespective of what stage your application is at, or if it has even been approved, if it is found that you failed to disclose any material information in your application, it can impact your PR status.

In Tuiran v. Canada (Citizenship and Immigration), 2018 FC 324 (CanLII) the court held, " Section 16(1) of the Act requires visa applicants to answer all questions truthfully and produce all relevant documents and evidence reasonably required when making an application under the Act. The purpose of the misrepresentation provisions in the Act is “to ensure that applicants provide complete, honest and truthful information in every manner when applying for entry into Canada” (Jiang v Canada (Citizenship and Immigration), 2011 FC 942 at para 36; Khan v Canada (Citizenship and Immigration), 2008 FC 512 at paras 26-29; Wang v Canada (Citizenship and Immigration), 2005 FC 1059 at paras 57-58, affirmed in 2006 FCA 345 [Wang])." I emphasize that it does not matter that the authorities may have the ability to catch the misrepresentation or not. What matters is whether the misrepresentation induced or could have induced an error in the administration of the IRPA.

If you feel that there is a discrepancy, or if you inadvertently missed out answering a question in your application, you can send a wbfrom and inform IRCC of the same.

In your case, you should collect any documents for the arrest or the complaint if you can reasonably obtain them and provide them in the LoE.

As long as your are truthful and disclose with an explanation, you should have no concerns.

Hope this helps!