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

[caipsnotes]

Budget 2021 ($M) https://www.budget.gc.ca/2021/home-accueil-en.html

$428 to replace GCMS
$54.9 to more TFWP/IMP inspections
$15 to the Racialized Newcomer Women Pilot
$75 to the call center.

https://twitter.com/i/web/status/1384245469035986952

 

[User2323]

@legalfalcon Good afternoon, so 3 weeks after submitting updated schedule A background declaration form, I realized i had completely forgotten two details:
- An address where I was residing at for only a month which was mentioned in my previous schedule A form

- Statutory question where asked if ever refused a visa in Canada or another country. I answered yes and explained about my PR refusal from a year ago but completely had forgotten that i was refused a US Visa in 2009-10 and therefore didn't mention the US visa refusal of over 10 years ago. I'm afraid this human mistake will cost me my whole application. Any thoughts?

 

[legalfalcon]

@legalfalcon Good afternoon, so 3 weeks after submitting updated schedule A background declaration form, I realized i had completely forgotten two details:
- An address where I was residing at for only a month which was mentioned in my previous schedule A form

- Statutory question where asked if ever refused a visa in Canada or another country. I answered yes and explained about my PR refusal from a year ago but completely had forgotten that i was refused a US Visa in 2009-10 and therefore didn't mention the US visa refusal of over 10 years ago. I'm afraid this human mistake will cost me my whole application. Any thoughts?

If you made any error in filing out the details in your application, you can send a webform and correct them. As long as you correct the error, that is fine. However, knowing that you made an error and now rectifying them is the issue.

So for the address you inadvertently left out, send a webform and correct it and the same for the US visa refusals.

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>

 

[User2323]

If you made any error in filing out the details in your application, you can send a webform and correct them. As long as you correct the error, that is fine. However, knowing that you made an error and now rectifying them is the issue.

So for the address you inadvertently left out, send a webform and correct it and the same for the US visa refusals.

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>

Thank you. And yes as soon as I remembered today, I sent a webform. I'm just not sure if it matters to them that i remembered and rectified 3 weeks later, but to be on the safe side, I immediately sent a webform letting IRCC know about the address and US Visa refusal.

 

[Empero993]

Hi @legalfalcon if you can give a travel advice : I am inland CEC applicant and received an email from Ottawa a week ago asking about my current address, first and last entry and if i am currently in Canada. That is for me and my outland non-accompanied dependent. Now I will travel in May for a short 10 days or 2 weeks trip to see my dependent and I assume one of these 2 scenarios: Either receiving COPR before travelling and apply for PRTD once i arrive my home country or come back using my work visa if i didn’t receive copr at all within this period. Is this a good plan? What if i received copr while there?
I received my GCMS notes yesterday and in the second page says “Final: Approved” so i assume DM already and just waiting for copr.

 

[Anjaliminhas]

@legalfalcon I would really appreciate if you can help me. I am submitting my Documents for Express Entry post ITA and for my spouse’s PCC it mentions some charges he had while He was a minor and for a fight he had in 2016 in India. Although he was not convicted for any of it, will it cause any problem in my PR application. Following were the final decisions on both the criminal cases:
As Mentioned in the Police Clearance Certificate:
1. FIR no. Xxx date xx/xx/2008 U/S 326, 324, 323, 447, 34 IPS xxx, xxx, Punjab , India was registered against xxx and in this case he was Acquitted by Sh. Xxx xxx PCS Principal Magistrate Juvenile Justice Board xxx on xxx/xx/xxxx.
2. FIR No. xx Date xx/xx/2016 U/S 307, 326, 452, 427, 323, 148, 149 IPC PS xx, District xx was registered against him and in this case on the basis of compromise above said FIR was Quashed by Hon’ble Punjab and Haryana High Court Chandigarh on xx/xx/2017. Vide behalf on Hon’ble Punjab and Haryana High Court Chandigarh ordered by Sh. Xx cx Addl. session judge xx on xx/xx/xxxx.
Now there is Nothing adverse criminally against him.

 

[legalfalcon]

Hi @legalfalcon if you can give a travel advice : I am inland CEC applicant and received an email from Ottawa a week ago asking about my current address, first and last entry and if i am currently in Canada. That is for me and my outland non-accompanied dependent. Now I will travel in May for a short 10 days or 2 weeks trip to see my dependent and I assume one of these 2 scenarios: Either receiving COPR before travelling and apply for PRTD once i arrive my home country or come back using my work visa if i didn’t receive copr at all within this period. Is this a good plan? What if i received copr while there?
I received my GCMS notes yesterday and in the second page says “Final: Approved” so i assume DM already and just waiting for copr.

If you relieve a COPR as an inland applicant, you will get the COPR which will be signed and stamped and effective that date, you will have a PR status. This would also mean that all other visas or permits will be cancelled as you will be a PR and no longer need them.

If you are not in Canada when you receive your COPR or if you travel after your receive your COPR, but before getting the PR card, you will have to apply for PRTD to return. PRTD can take 3-7 weeks and in some case longer due to COVID, so keep that in mind.

Ideally if you get the COPR, and get your PR card before your travel, you will be much better off and won't have any issues.

 

[legalfalcon]

@legalfalcon I would really appreciate if you can help me. I am submitting my Documents for Express Entry post ITA and for my spouse’s PCC it mentions some charges he had while He was a minor and for a fight he had in 2016 in India. Although he was not convicted for any of it, will it cause any problem in my PR application. Following were the final decisions on both the criminal cases:
As Mentioned in the Police Clearance Certificate:
1. FIR no. Xxx date xx/xx/2008 U/S 326, 324, 323, 447, 34 IPS xxx, xxx, Punjab , India was registered against xxx and in this case he was Acquitted by Sh. Xxx xxx PCS Principal Magistrate Juvenile Justice Board xxx on xxx/xx/xxxx.
2. FIR No. xx Date xx/xx/2016 U/S 307, 326, 452, 427, 323, 148, 149 IPC PS xx, District xx was registered against him and in this case on the basis of compromise above said FIR was Quashed by Hon’ble Punjab and Haryana High Court Chandigarh on xx/xx/2017. Vide behalf on Hon’ble Punjab and Haryana High Court Chandigarh ordered by Sh. Xx cx Addl. session judge xx on xx/xx/xxxx.
Now there is Nothing adverse criminally against him.

IF there was no conviction there will no issues, however, you will have to answer the statutory questions for criminal charge, i.e. have you ever been charged as yes, and explain it in Loe. Also, if you can obtain the copies of the acquittal judgment / order, you can include that.

The key is just make sure that you disclose everything and explain it with any documents you have available.

 

[Empero993]

If you relieve a COPR as an inland applicant, you will get the COPR which will be signed and stamped and effective that date, you will have a PR status. This would also mean that all other visas or permits will be cancelled as you will be a PR and no longer need them.

If you are not in Canada when you receive your COPR or if you travel after your receive your COPR, but before getting the PR card, you will have to apply for PRTD to return. PRTD can take 3-7 weeks and in some case longer due to COVID, so keep that in mind.

Ideally if you get the COPR, and get your PR card before your travel, you will be much better off and won't have any issues.

Thank you for your prompt response. In case I am not in Canada when I receive my COPR, do I have to inform IRCC? Would it be an issue? I have already reported first and last entry.
My VO is CPC Ottawa and I saw one of your comments saying that this office is currently slow. Do you think it’s still the case there?

 

[legalfalcon]

Thank you for your prompt response. In case I am not in Canada when I receive my COPR, do I have to inform IRCC? Would it be an issue? I have already reported first and last entry.
My VO is CPC Ottawa and I saw one of your comments saying that this office is currently slow. Do you think it’s still the case there?

If you receive a signed and stamped COPR when you are not in Canada, you do not have to inform, you are a PR from that day. To return you will have to apply for a PRTD.

 

[OLdon11]

@legalfalcon I have a question about A11.2 check by agent and what's verified to get minimum points.

In my gcms note, I have elligibility passed by agent (A11.2 Met & Ready to Finalize ). Further, I see FSW points are mentioned as met (crs minimum 472 for my round and assessed points are 474) according to agent's note.

However, I included my sibling details and claimed sibling points. But, notes section never mention about validation of sibling points.

Does this mean case agent only consider details untill someone meet crs minimum of that round ? Or is there another round of validation for example by visa officer ?

 

[caipsnotes]

@legalfalcon I have a question about A11.2 check by agent and what's verified to get minimum points.

In my gcms note, I have elligibility passed by agent (A11.2 Met & Ready to Finalize ). Further, I see FSW points are mentioned as met (crs minimum 472 for my round and assessed points are 474) according to agent's note.

However, I included my sibling details and claimed sibling points. But, notes section never mention about validation of sibling points.

Does this mean case agent only consider details untill someone meet crs minimum of that round ? Or is there another round of validation for example by visa officer ?

Eligibility review is a 2 step process, you can read in detail about it and all the stages of an application here https://bit.ly/37nCTJD

 

[legalfalcon]

@legalfalcon I have a question about A11.2 check by agent and what's verified to get minimum points.

In my gcms note, I have elligibility passed by agent (A11.2 Met & Ready to Finalize ). Further, I see FSW points are mentioned as met (crs minimum 472 for my round and assessed points are 474) according to agent's note.

However, I included my sibling details and claimed sibling points. But, notes section never mention about validation of sibling points.

Does this mean case agent only consider details untill someone meet crs minimum of that round ? Or is there another round of validation for example by visa officer ?

Are you a PNP nominee? If you are, then you can only get 600 points or the sibling points, not both

In your GCMS notes starting at around page 8-10 you will see all the points you have claimed. In the notes you will only see the documents that are evaluated and the whether they are satisfactory or not.

 

[tuxarc]

1. If you do not wish to declare your relationship, if you are not married, it would not be misrepresentation. The reason why immigration and refugee protection law mandates that applicants disclose their relationship about spouses is because, all family members have to be admissible to Canada. If any one family member is inadmissible, the entire application is refused. Also, the applicant can later sponsor the family member under family class sponsorship. Eg. If a family member is inadmissible under medicals, and is not disclosed, after the PA becomes a PR, they can sponsor the spouse, and under family class sponsorship medical admissibility is not a factor.

Also, in you case since you common law partner is already a Canadian, it would not be an issue, however, you should have disclosed it since you have to answer all questions truthfully. Failure to disclose can lead to misrepresentation.

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.

2. If your partner is already a Canadian, where does the sponsorship come arise.

Hi again @legalfalcon , sorry I had missed your past answer. To clarify:

1. I'm not sure I understood, would it be misrepresentation or not if I didn't declare my (possible) common-law partner in an application to OINP or EE? I'm not even sure if we qualify and we haven't done the statutory declaration yet.
2.In case my Express Entry application gets denied for whatever reason (e.g. inadequate proof of work experience), would it be ok for us to file a statutory declaration of common-law partnership afterwards so she can sponsor me if I hadn't included her in my previous application as a common-law partner? Or would it lead to misrepresentation since I didn't mention our relationship in the previous application?

 

[Arsene4367]

@legalfalcon If I transfer my POF funds from one bank to another bank will it create any problem for my visa application? I submitted my application in January 2020. What documents do I need to submit if I transfer my POF funds? Do I have to explain the reason also to visa officer?