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

[caipsnotes]

Thank you @caipsnotes for your quick reply and making it clear to understand.

You are welcome.

Also, in the latest reporting period at IRCC - The majority of the complaints (98%) were related to ATIP requests for immigration client files. And 65% of the complaints were delay or extension complaints ......—none of which were well founded. There is a misconception that filing a complaint will expedite the request if a time extension was taken - not true. Some/one GCMS provider has disproportionately been receiving 90 day extensions, that's why one can see skewed comments about complaints topic.

 

[dreamercec]

Hi @legalfalcon

I got a panic question regarding foreign experience under CEC. And I tried to find info on the forum. I know that for FSW you need that the foreign experience is of your primary occupation intended to do in Canada in the same NOC.

It is the same for CEC?

What I mean is that I have a Noc code for my current job and primary occupation. And I declared foreign experience, which gave me points, from a different noc although related profession. One is more junior, the other (my current in Canada) is senior.

 

[Shubham6120]

Hi @legalfalcon
My sister landed in canada last week, she is about to complete her quarantine. She wants our parents to come there as she has a 3 years old daughter and she wants our parents to take take of her daughter so that she can start her career there and my sister is non accompanying spouse.
1. Which visa do she needs to apply??
2. How much time does it takes to approve the visa?
3. Are they exempted from the travel restrictions??
Thanks in advance

 

[happyguy2021]

1. YEs you can apply for authorisation to travel as an extended family member.

2. YEs. The TRV and PR application will be processed on its own merits.

Hello @legalfalcon
I was reading on the below website that
https://travel.gc.ca/travel-covid/travel-restrictions/answers/foreign-non-us-approved-perm-res-after
************************************************************************************************************************************************
Foreign national without symptoms - non-U.S - Approved permanent resident not yet in Canada
You indicated that you are:

• a foreign national
• not showing signs and symptoms consistent with COVID-19
• not coming from the United States
• an approved permanent resident not yet in Canada
• approved after March 18, 2020 at noon EST

To be able to enter Canada, you must be sponsored by an immediate family member, and coming to Canada to settle permanently.
You will likely be allowed to enter Canada if you meet these requirements; however, the final determination will be made by a government official at the port of entry.
Who is considered an immediate family member
Your family member sponsor must be a Canadian citizen, a person registered under Canada’s Indian Act or a permanent resident of Canada.
To be considered an immediate family member, you must be in one of the following relationships:

• you’re the spouse or common-law partner of the person
• you’re the dependent child of the person, or the person’s spouse or common-law partner
• you’re the dependent child of a dependent child of the person
• you’re the parent or step-parent of the person, or the person’s spouse or common-law partner
• you’re the guardian or tutor of the person

If you don’t have an immediate family member sponsoring you
You won’t be able to enter Canada at this time if you were approved after this date.

It seems that I should have an immediate family member to go to Canada if I get my COPR. An extended family member won't help me much. Maybe an extended family member will allow me to travel ONLY if I have a visitor visa?

Thanks a lot!!

 

[smm_0411]

Hi @legalfalcon
One of my dependents came here in Canada before she turn 18. When we generate the list of document to be uploaded, it didn’t asked for any PCC from our country of origin.
Do we still need to provide PCC? I’m under CEC.
Thank you

 

[legalfalcon]

Thank you @legalfalcon for making it clear.

Happy to help. Don't let selective reading of words influence your judgment. Some people have an habit of selective reading and peddling lies. As per IRCC's own 2019-2020 ATIP report 4,220 access complaints were received by the Office of the Information Commissioner (OIC). Out of which, IRCC ATIP processed and closed 3,450 complaint investigations. Of these, 68 complaints were abandoned, discontinued, unsubstantiated, and 30 were not well founded. The remaining 3,332 complaints were resolved to the satisfaction of the requester and 20 were well founded.

In the very next paragraph IRCC claims 65% of the complaints were delay or extension complaints submitted by a single requester—none of which were well founded.

So either the data is wrong or the use of word well founded is IRCC's interpretation, which some people will show you and say that complaints do not help or expedite the process. OIC just didn't one day wake up to initiate a systematic investigation.

Any way, OIC has the following disposition categories:

Well founded
Following an investigation, the Information Commissioner found that the government institution had failed to respect one or more of its obligations under the Access to Information Act.

Not well founded
Following an investigation, the Commissioner found no or insufficient evidence to conclude that the government institution had failed to respect one or more of its obligations under the Access to Information Act.

Resolved
The complainant is satisfied with the resolution achieved through the Office of the Information Commissioner's intervention, or the matter central to the complaint is no longer at issue before the complaint has been fully investigated. For example, a delay complaint is resolved when the complainant receives a response to their request before the allegation of delay has been fully investigated. Likewise, a complaint about refusal of access is resolved when the complainant receives the withheld information at issue in the complaint before the allegation of proper application of exemptions has been fully investigated.

Discontinued
The complaint was withdrawn or abandoned before all the allegations were fully investigated. A complaint may be discontinued for various reasons. For example, the complainant may no longer be interested in pursuing the matter, or cannot be located to provide additional information critical to reaching a conclusion.

If out of 4,220 complaints, 3,332 were resolved, 30 were not well founded, 68 complaints were discontinued, then how can 65% of the complaints were not well-founded?

https://www.oic-ci.gc.ca/en/disposition-categories

<https://www.canada.ca/.../publicati.../atip-2019-2020-en.pdf>

Read the original source and not selective text from people who use it for their ulterior motives. As always, immigration is law and and so is requesting the GCMS notes pursuant to the Access to Information Act. Unless there is a determination on what is not well founded by OIC, what IRCC thinks is not well founded does not matter and they can say it was used in general parlance and not as a disposition category.

Access to Information Act has a mechanism on how adherence to timelines will be monitored and for that Office of the Information Commissioner is tasked under the statute to investigate delay and extension complaints.

Beware and always read the original source and not someone's interpretation of what they think it should be. Who you have proof understanding of English and law, absurd conclusions can be drawn.

All the best!

 

[legalfalcon]

Hi @legalfalcon
One of my dependents came here in Canada before she turn 18. When we generate the list of document to be uploaded, it didn’t asked for any PCC from our country of origin.
Do we still need to provide PCC? I’m under CEC.
Thank you

As per IRCC:

• Police certificates are required upfront and are mandatory for each country (except Canada) where an individual has spent 6 months or more in a row within the last 10 years. The individual does not need to provide one for any period of time before the age of 18.

If the dependent never lived for more than 6 months or more in a row within the last 10 years then you do not have to provide any PCC for them.

See https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/permanent-residence/express-entry/applications-received-on-after-january-1-2016-completeness-check.html

 

[legalfalcon]

Hello @legalfalcon
I was reading on the below website that
https://travel.gc.ca/travel-covid/travel-restrictions/answers/foreign-non-us-approved-perm-res-after
************************************************************************************************************************************************
Foreign national without symptoms - non-U.S - Approved permanent resident not yet in Canada
You indicated that you are:

• a foreign national
• not showing signs and symptoms consistent with COVID-19
• not coming from the United States
• an approved permanent resident not yet in Canada
• approved after March 18, 2020 at noon EST

To be able to enter Canada, you must be sponsored by an immediate family member, and coming to Canada to settle permanently.
You will likely be allowed to enter Canada if you meet these requirements; however, the final determination will be made by a government official at the port of entry.
Who is considered an immediate family member
Your family member sponsor must be a Canadian citizen, a person registered under Canada’s Indian Act or a permanent resident of Canada.
To be considered an immediate family member, you must be in one of the following relationships:

• you’re the spouse or common-law partner of the person
• you’re the dependent child of the person, or the person’s spouse or common-law partner
• you’re the dependent child of a dependent child of the person
• you’re the parent or step-parent of the person, or the person’s spouse or common-law partner
• you’re the guardian or tutor of the person

If you don’t have an immediate family member sponsoring you
You won’t be able to enter Canada at this time if you were approved after this date.

It seems that I should have an immediate family member to go to Canada if I get my COPR. An extended family member won't help me much. Maybe an extended family member will allow me to travel ONLY if I have a visitor visa?

Thanks a lot!!

Most of these travel restrictions are ambiguous, just like in the case above, it states "[t]o be able to enter Canada, you must be sponsored by an immediate family member, and coming to Canada to settle permanently."

Now here, does sponsored means a sponsorship application? Since if you are an immediate family member, you are exempt from travel restrictions.

If you have an immediate or extended family member and you have an AL, then you can travel as you are exempt, hover, if you have dependents in your application with COPR, they will not be as they are not immediate family members.

Also, some individuals took advantage of this loop hole, where they landed as PR, and then by virtue of them being PR, the rest of their family became an immediate family member and thus exempt from travel restrictions.

The best thing to do would be to wait until the travel restrictions are relaxed.

 

[legalfalcon]

Hi @legalfalcon
My sister landed in canada last week, she is about to complete her quarantine. She wants our parents to come there as she has a 3 years old daughter and she wants our parents to take take of her daughter so that she can start her career there and my sister is non accompanying spouse.
1. Which visa do she needs to apply??
2. How much time does it takes to approve the visa?
3. Are they exempted from the travel restrictions??
Thanks in advance

1. For your sisters parents, you can get a visitor's visa or a super visa.

2. Currently there are no time frames that can be relied on. Usually the TRVs and super visas take 2-5 months, give that you are able to give biometrics.

3. Parents will be exempt fro, travel restrictions.

Immediate family members of a Canadian citizen, person registered under Canada’s Indian Act or permanent resident
To be eligible, you must be both

• an immediate family member of a Canadian citizen, person registered under Canada’s Indian Act or permanent resident
• staying in Canada for 15 days or more

You must also have a quarantine plan that shows how you’ll quarantine for 14 days when you arrive in Canada. This plan is mandatory.

Immediate family members staying for less than 15 days must be travelling for a non-discretionary purpose.

Who is an immediate family member
An immediate family member is defined as a

• spouse or common-law partner
• dependent child (yours, your spouse’s or your common-law partner’s)
• dependent child of a dependent child
• parent or step-parent (yours, your spouse’s or your common-law partner’s)
• guardian or tutor

See https://www.canada.ca/en/immigration-refugees-citizenship/services/coronavirus-covid19/visitors/immediate-family.html#how-citizens-prs

 

[legalfalcon]

Hi @legalfalcon

I got a panic question regarding foreign experience under CEC. And I tried to find info on the forum. I know that for FSW you need that the foreign experience is of your primary occupation intended to do in Canada in the same NOC.

It is the same for CEC?

What I mean is that I have a Noc code for my current job and primary occupation. And I declared foreign experience, which gave me points, from a different noc although related profession. One is more junior, the other (my current in Canada) is senior.

There is no such rule that for FSW you need that the foreign experience is of your primary occupation intended to do in Canada in the same NOC.

For FSW the rule is:

Minimum work experience requirement
The applicant must have accumulated at least one year of continuous full-time (or the equivalent in part-time) paid work experience in the occupation identified in their application for permanent residence as their primary occupation. In calculating this period of work experience, the occupation must be listed in skill type 0 (Managerial occupations), skill level A (Professional occupations) or skill level B (Technical occupations and skilled trades) of the National Occupational Classification (NOC) 2016 [R75(2)(a)].

You can claim pints for multiple work experience under different NOCs. However, only for your primary NOC, the above applies.

For CEC the following are the minimum eligibility requirements:

• have at least 1 year of skilled work experience in Canada, in the last 3 years before you apply—you can meet this in a few different ways:
  • full-time at 1 job: 30 hours/week for 12 months = 1 year full-time (1,560 hours)
  • equal amount in part-time work: for example 15 hours/week for 24 months = 1 year full time (1,560 hours)
    • You can work as many part-time jobs as you need to meet this requirement.
  • full-time work at more than 1 job: 30 hours/week for 12 months at more than 1 job = 1 year full time (1,560 hours)
• have gained your work experience by working in Canada while under temporary resident status with authorization to work

See https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/express-entry/eligibility/canadian-experience-class.html

 

[arbu45]

@legalfalcon
I would be switching job from 1st March, 2021. Should I inform IRCC about this?

Currently I am under comprehensive security screening

 

[Shubham6120]

T

1. For your sisters parents, you can get a visitor's visa or a super visa.

2. Currently there are no time frames that can be relied on. Usually the TRVs and super visas take 2-5 months, give that you are able to give biometrics.

3. Parents will be exempt fro, travel restrictions.

Immediate family members of a Canadian citizen, person registered under Canada’s Indian Act or permanent resident
To be eligible, you must be both

• an immediate family member of a Canadian citizen, person registered under Canada’s Indian Act or permanent resident
• staying in Canada for 15 days or more

You must also have a quarantine plan that shows how you’ll quarantine for 14 days when you arrive in Canada. This plan is mandatory.

Immediate family members staying for less than 15 days must be travelling for a non-discretionary purpose.

Who is an immediate family member
An immediate family member is defined as a

• spouse or common-law partner
• dependent child (yours, your spouse’s or your common-law partner’s)
• dependent child of a dependent child
• parent or step-parent (yours, your spouse’s or your common-law partner’s)
• guardian or tutor

See https://www.canada.ca/en/immigration-refugees-citizenship/services/coronavirus-covid19/visitors/immediate-family.html#how-citizens-prs

Thanks @legalfalcon

 

[legalfalcon]

@legalfalcon
I would be switching job from 1st March, 2021. Should I inform IRCC about this?

Currently I am under comprehensive security screening

If you claimed points for you job, then just send a webform and inform IRCC that you no longer work for the employer. No requirement for any documents though.

 

[abqalhamairi]

Hey @legalfalcon i have submitted my biometrics on 14/Feb/2021. Biometrics enrollment number is showing for both I and my wife. However, for the status under biometrics section, it is showing:
We have not received your biometrics, check your biometrics requests below.
My profile shows: submitted

for others however, it shows them the date they submitted their bio under the biometrics section.

 

[legalfalcon]

Hey @legalfalcon i have submitted my biometrics on 14/Feb/2021. Biometrics enrollment number is showing for both I and my wife. However, for the status under biometrics section, it is showing:
We have not received your biometrics, check your biometrics requests below.
My profile shows: submitted

for others however, it shows them the date they submitted their bio under the biometrics section.

No need to be concerned, it will be updated. The status cannot changed because it has not been updated.