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legalfalcon

VIP Member
Sep 21, 2015
19,047
9,915
Montréal, Quebec, Canada
Category........
FSW
Visa Office......
Ottawa
NOC Code......
4112
App. Filed.......
03-09-2015
Doc's Request.
01-10-2015
AOR Received.
03-09-2015
Med's Done....
17-08-2015
Passport Req..
05-04-2016
VISA ISSUED...
12-04-2016
LANDED..........
05-05-2016
@ Legalfalcon
Please help me with opinion/advice:

For the new Temporary Public Policy, I qualify for the International Graduate route with 40,000 cap if I can submit quickly within the cap limit.

I also think I qualify for the Essential Workers in Health Related Occupations (as my NOC is 4212 - Social and Community Service Worker and is mentioned in this route) with a cap of 20,000

However, I do not know if my NOC 4212 work being mentioned is enough or they would insist it is for those handling medical/hospital related cases (Please note the confusion as my 4212 work is involved in helping / counselling people with employment and social benefits during this Covid but not people that are hospitalized).

So should I target the cap 40,000 route (which I think might fill faster because many working graduates will qualify) or the cap 20,000 route?

I do know the full details how this policies will be processed are not out, but I would be grateful for any views / advice.
I am not privy to your documents or you job duties.

You can read the details https://www.canada.ca/en/immigration-refugees-citizenship/corporate/mandate/policies-operational-instructions-agreements/public-policies/trpr-canadian-work-experience.html

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/mandate/policies-operational-instructions-agreements/public-policies/trpr-international-graduates.html
 

John080490

Full Member
Jan 23, 2019
22
6
Good day legalfalcon! Hope all is well. Just want to ask for your insights. Under the international graduates stream, one requirement stated in the policy is one has to be employed. And the the employment should meet the definition of work under the subsection 73(2) of the Regulations which only stated that “work means an activity for which wages are paid or commission is earned.” It does not specify if it is full time or part time. So I believe that part time is still acceptable. What do you think?
 

legalfalcon

VIP Member
Sep 21, 2015
19,047
9,915
Montréal, Quebec, Canada
Category........
FSW
Visa Office......
Ottawa
NOC Code......
4112
App. Filed.......
03-09-2015
Doc's Request.
01-10-2015
AOR Received.
03-09-2015
Med's Done....
17-08-2015
Passport Req..
05-04-2016
VISA ISSUED...
12-04-2016
LANDED..........
05-05-2016
Good day legalfalcon! Hope all is well. Just want to ask for your insights. Under the international graduates stream, one requirement stated in the policy is one has to be employed. And the the employment should meet the definition of work under the subsection 73(2) of the Regulations which only stated that “work means an activity for which wages are paid or commission is earned.” It does not specify if it is full time or part time. So I believe that part time is still acceptable. What do you think?
As far as reading it, part time will be included. At least that is what the plain and simple interpretation is.
 

John080490

Full Member
Jan 23, 2019
22
6
As far as reading it, part time will be included. At least that is what the plain and simple interpretation is.
Thank you legalfalcon for the response. A lot of people have different opinions concerning this. However, I would like to believe that both are acceptable since IRCC only requires the applicant to be employed.
 

Gunik1123

Star Member
Jul 20, 2019
80
7
Hello @legalfalcon Sir ,

I had been receiving salary by cheque from my employer since my joining date every month and depositing that cheque in my bank account. My Company doesn't issue any payslip to any employee. I received reference letter from my employer mentioning my yearly salary and other employment details as per IRCC format.
My query is that whether receiving salary by cheque will cause any issue regarding proving my employment?
 

CAD_CAD

Star Member
Feb 3, 2016
56
2
Hello LegalFalcon,

An outland PNP applicant (PNP from BC) just got married to a PR holder from a different province (Manitoba). We just added the spouse (who holds PR) to the outland PNP application (Express Entry) as it is required to inform about the spouse. Should we expect the immigration officer ask proof that the couple will live in BC? Or it doesn't matter at this stage (Express Entry application at the final stage - final decision pending only) and the immigration officer wouldn't ask where will the couple live (BC vs Manitoba)? No spousal application has been submitted, the spouse (PR holder) has been added to the outland PNP application only.

Thank you,

CAD
 

legalfalcon

VIP Member
Sep 21, 2015
19,047
9,915
Montréal, Quebec, Canada
Category........
FSW
Visa Office......
Ottawa
NOC Code......
4112
App. Filed.......
03-09-2015
Doc's Request.
01-10-2015
AOR Received.
03-09-2015
Med's Done....
17-08-2015
Passport Req..
05-04-2016
VISA ISSUED...
12-04-2016
LANDED..........
05-05-2016
Thank you legalfalcon for the response. A lot of people have different opinions concerning this. However, I would like to believe that both are acceptable since IRCC only requires the applicant to be employed.
The legal interpretation is all about simple and plain meaning. I explained this in detail in another FB group .

As per the regulations, work is defined as
"Work means an activity for which wages are paid or commission is earned."
Even though 73 (1) talks about, full-time work, but the specific reference to 73(2) would include both, part time and full time.
As we come closer to may, more clarity on the procedures will be there, but as of now, contrary to any clause, it includes both, part time and full time.
 

legalfalcon

VIP Member
Sep 21, 2015
19,047
9,915
Montréal, Quebec, Canada
Category........
FSW
Visa Office......
Ottawa
NOC Code......
4112
App. Filed.......
03-09-2015
Doc's Request.
01-10-2015
AOR Received.
03-09-2015
Med's Done....
17-08-2015
Passport Req..
05-04-2016
VISA ISSUED...
12-04-2016
LANDED..........
05-05-2016
Hello @legalfalcon Sir ,

I had been receiving salary by cheque from my employer since my joining date every month and depositing that cheque in my bank account. My Company doesn't issue any payslip to any employee. I received reference letter from my employer mentioning my yearly salary and other employment details as per IRCC format.
My query is that whether receiving salary by cheque will cause any issue regarding proving my employment?
It has no impact. You can also include your tax returns and bank deposits.

Only if your are employed in Canada, you will need to provide T4s and Tax assessments.
 

legalfalcon

VIP Member
Sep 21, 2015
19,047
9,915
Montréal, Quebec, Canada
Category........
FSW
Visa Office......
Ottawa
NOC Code......
4112
App. Filed.......
03-09-2015
Doc's Request.
01-10-2015
AOR Received.
03-09-2015
Med's Done....
17-08-2015
Passport Req..
05-04-2016
VISA ISSUED...
12-04-2016
LANDED..........
05-05-2016
Hello LegalFalcon,

An outland PNP applicant (PNP from BC) just got married to a PR holder from a different province (Manitoba). We just added the spouse (who holds PR) to the outland PNP application (Express Entry) as it is required to inform about the spouse. Should we expect the immigration officer ask proof that the couple will live in BC? Or it doesn't matter at this stage (Express Entry application at the final stage - final decision pending only) and the immigration officer wouldn't ask where will the couple live (BC vs Manitoba)? No spousal application has been submitted, the spouse (PR holder) has been added to the outland PNP application only.

Thank you,

CAD
No proof will be asked. The requirement to stay is the nominated provide is only for the PA, and not the spouse or other dependents.

See https://bit.ly/3eiwzFF
 

John080490

Full Member
Jan 23, 2019
22
6
The legal interpretation is all about simple and plain meaning. I explained this in detail in another FB group .

As per the regulations, work is defined as
"Work means an activity for which wages are paid or commission is earned."
Even though 73 (1) talks about, full-time work, but the specific reference to 73(2) would include both, part time and full time.
As we come closer to may, more clarity on the procedures will be there, but as of now, contrary to any clause, it includes both, part time and full time.
Thank you! Would you be able to share with me the link of FB page?
 

td88

Hero Member
Aug 8, 2019
476
321
Dear @legalfalcon ,
I've got DM on Saturday Apri 10,2021 on ECAS. Nothing's changed in Gckey since then. I called IRCC on Monday April 12 to ask about that, they only told me that I would be receiving something soon within several weeks. I don't know how long it will take... Do you know the normal waiting time from DM to COPR?

Thank you for your time.
 

legalfalcon

VIP Member
Sep 21, 2015
19,047
9,915
Montréal, Quebec, Canada
Category........
FSW
Visa Office......
Ottawa
NOC Code......
4112
App. Filed.......
03-09-2015
Doc's Request.
01-10-2015
AOR Received.
03-09-2015
Med's Done....
17-08-2015
Passport Req..
05-04-2016
VISA ISSUED...
12-04-2016
LANDED..........
05-05-2016
Dear @legalfalcon ,
I've got DM on Saturday Apri 10,2021 on ECAS. Nothing's changed in Gckey since then. I called IRCC on Monday April 12 to ask about that, they only told me that I would be receiving something soon within several weeks. I don't know how long it will take... Do you know the normal waiting time from DM to COPR?

Thank you for your time.
Currently all timelines are off the chart. You will just have to wait it out.
 
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CAD_CAD

Star Member
Feb 3, 2016
56
2
Thank you @legalfalcon for the quick response! Just to make sure I understand it correctly - before finalizing the application and granting COPR, would the immigration officer ask the outland PNP applicant proof that the outland PNP applicant will stay in BC and not move to Manitoba (where the spouse is)?
On a different note and separate from my question above - given the spouse is a PR in Manitoba, can the outland PNP applicant request an exemption from travel restrictions based on the fact that the spouse is a PR? Since only the final decision is pending for the outland PNP applicant, could having a PR spouse be basis for IRCC to finalise the application and grant COPR and make the applicant exempt from travel restrictions?
No proof will be asked. The requirement to stay is the nominated provide is only for the PA, and no
No proof will be asked. The requirement to stay is the nominated provide is only for the PA, and not the spouse or other dependents.
 

legalfalcon

VIP Member
Sep 21, 2015
19,047
9,915
Montréal, Quebec, Canada
Category........
FSW
Visa Office......
Ottawa
NOC Code......
4112
App. Filed.......
03-09-2015
Doc's Request.
01-10-2015
AOR Received.
03-09-2015
Med's Done....
17-08-2015
Passport Req..
05-04-2016
VISA ISSUED...
12-04-2016
LANDED..........
05-05-2016
Thank you @legalfalcon for the quick response! Just to make sure I understand it correctly - before finalizing the application and granting COPR, would the immigration officer ask the outland PNP applicant proof that the outland PNP applicant will stay in BC and not move to Manitoba (where the spouse is)?
On a different note and separate from my question above - given the spouse is a PR in Manitoba, can the outland PNP applicant request an exemption from travel restrictions based on the fact that the spouse is a PR? Since only the final decision is pending for the outland PNP applicant, could having a PR spouse be basis for IRCC to finalise the application and grant COPR and make the applicant exempt from travel restrictions?
Please read the link shard above. Most of your questions have been answered

See https://bit.ly/3eiwzFF

If you have a spouse who is a PR or citizen, you are exempt from travel restrictions as you are an immediate family member. If you have a visa you can travel to Canada.

However, requesting exemption will not expedite your PR application.