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

[Anand2021]

You have to submit the application along with the upfront sheet you received from the panel physician.

Thanks, @legalfalcon for your reply. Just a follow-up question, should I need to wait till the panel physician submit the result to IRCC. They take usually 7 - 10 days to submit results to IRCC.

 

[legalfalcon]

Thanks, @legalfalcon for your reply. Just a follow-up question, should I need to wait till the panel physician submit the result to IRCC. They take usually 7 - 10 days to submit results to IRCC.

You do not have to wait until the panel physician submits your report to IRCC. All, you need to submit your application is the medical upfront sheet. The panel physician can sent the reports anytime and when they are receive is immaterial for you in submitting your application.

See https://bit.ly/3cxnr0w

 

[raj90]

Ta

Most likely your eligibility is passed or recommended passed.

“valid” here indicates, that the documents required for the specific stage are “legal, not expired, and accepted by IRCC,” and no further input is required by the applicant. See https://bit.ly/3engVK8

thank you

 

[raj90]

Dear @legalfalcon , i got gcms notes for my spouse wp ext refusal, althoigh i understood whats written here, but as i am PA in FSW EE, will it also affect my current application orbif i apply as a CEC candidate in near future? Thank you
https://postimg.cc/GBbL1KGB

 

[legalfalcon]

Dear @legalfalcon , i got gcms notes for my spouse wp ext refusal, althoigh i understood whats written here, but as i am PA in FSW EE, will it also affect my current application orbif i apply as a CEC candidate in near future? Thank you
https://postimg.cc/GBbL1KGB

All prior visa refusals have to be listed in any application you file with IRCC for all individuals in the application.

All visa refusals should be disclosed in any subsequent application. 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>

 

[raj90]

All prior visa refusals have to be listed in any application you file with IRCC for all individuals in the application.

All visa refusals should be disclosed in any subsequent application. 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>

We did wrote the visa refusals innour latest application when we filed for restoration of status. As the EE filed long ago, do we need to do something about that? Thanks @legalfalcon

 

[legalfalcon]

We did wrote the visa refusals innour latest application when we filed for restoration of status. As the EE filed long ago, do we need to do something about that? Thanks @legalfalcon

As long as you have inform of all prior visa refusals, you need not worry.

 

[arvind92]

Manmeetji,

i am quoting you from one of your most important posts(in my opinion)
The link for the post is 'https://www.canadavisa.com/canada-immigration-discussion-board/threads/eligibility-of-noc-2282-as-work-experience.568340/page-3#post-9384387'

The post,,

"

When selecting the NOC, you only have to focus on the Job duties. As pointed out above:

Note: The applicant does not need to demonstrate that they meet the “employment requirements” listed in the NOC occupational description.

Simply put, no matter what degree you have, as long as you meet the substantial job duties, you can chose that NOC.

Let me provide some scenarios:

1. An applicant has a degree in Bachelors of Fine Arts (4 years). The applicant will claim points of the bachelors degree. Now hen selecting the NOC, she will select one for which the Job Duties substantially match the job duties done by the applicant, which can be even that of an accountant. Now this is an extreme case, but possible.

2. For Lawyers, Physicians, and other licensed professional when an applicant applied for EE, none of them are licensed in Canada. Still they will select the NOC for that of a Physician, Lawyer etc., as their job duties substantially match the JDs in the NOC.

For Physicians, it is advisable that they get the ECA from the Medical Council of Canada, but that is not mandatory. A Doctor who does not wish to practice in Canada, can even get a ECA from WES, but will not be able to select a first professional degree needed for a licensed professional, instead she will have to chose bachelors or Masters. Only if the medical degree is evaluated from MCC, will the applicant be able to chose first professional degree needed for a licensed professional, for a Bachelors on Medicine.

@fatani you are absolutely correct.

I have read many posts where @mr.preetsingh has been providing incorrect information when it comes to NOC.

This is why I always stage, the forum is a two edged sword, it helps, but there are many pitfalls, based on what you read and who is writing it.


"


Just needed one more clarification which will settle this debate forever.


This doctor, who has practised for 40 months in India, goes to Canada..and goes to wes to get his bachelor's degree evaluated. He doesn't go to the Medical Council of Canada as he doesn't want to practice in Canada.

Can he still claim his FOREIGN work experience during express entry? Will he be given 3 years' worth of points for his express entry profile for his 40 months of paid service after graduation?

If yes, then simply put.

You can claim your work experience in a NOC from anywhere in the world as long as your employer reference letter states your duties matching to the lead statement and main duties...This is applicable to all possible NOCs...(regulated or not regulated)..Claiming work experience is completely independent on meeting the minimum requirements/additional qualifications.


However, in a regulated profession, you could still claim work experience points but you can't claim additional points which maybe possible in

'master's degree or professional degree needed to practice in a licensed profession'

To claim these points, they need evaluation from the Medical council of Canada or a similar counterpart for Law..


A) Is this my correct understanding?

B) If not what else is the restriction in claiming foreign work experience in a regulated profession?









'

 

[legalfalcon]

Manmeetji,

i am quoting you from one of your most important posts(in my opinion)
The link for the post is 'https://www.canadavisa.com/canada-immigration-discussion-board/threads/eligibility-of-noc-2282-as-work-experience.568340/page-3#post-9384387'

The post,,

"

When selecting the NOC, you only have to focus on the Job duties. As pointed out above:

Note: The applicant does not need to demonstrate that they meet the “employment requirements” listed in the NOC occupational description.

Simply put, no matter what degree you have, as long as you meet the substantial job duties, you can chose that NOC.

Let me provide some scenarios:

1. An applicant has a degree in Bachelors of Fine Arts (4 years). The applicant will claim points of the bachelors degree. Now hen selecting the NOC, she will select one for which the Job Duties substantially match the job duties done by the applicant, which can be even that of an accountant. Now this is an extreme case, but possible.

2. For Lawyers, Physicians, and other licensed professional when an applicant applied for EE, none of them are licensed in Canada. Still they will select the NOC for that of a Physician, Lawyer etc., as their job duties substantially match the JDs in the NOC.

For Physicians, it is advisable that they get the ECA from the Medical Council of Canada, but that is not mandatory. A Doctor who does not wish to practice in Canada, can even get a ECA from WES, but will not be able to select a first professional degree needed for a licensed professional, instead she will have to chose bachelors or Masters. Only if the medical degree is evaluated from MCC, will the applicant be able to chose first professional degree needed for a licensed professional, for a Bachelors on Medicine.

@fatani you are absolutely correct.

I have read many posts where @mr.preetsingh has been providing incorrect information when it comes to NOC.

This is why I always stage, the forum is a two edged sword, it helps, but there are many pitfalls, based on what you read and who is writing it.


"


Just needed one more clarification which will settle this debate forever.


This doctor, who has practised for 40 months in India, goes to Canada..and goes to wes to get his bachelor's degree evaluated. He doesn't go to the Medical Council of Canada as he doesn't want to practice in Canada.

Can he still claim his work experience during express entry? Will he be given 3 years' worth of points for his express entry profile for his 40 months of paid service after graduation?

If yes, then simply put.

You can claim your work experience in a NOC from anywhere in the world as long as your employer reference letter states your duties matching to the lead statement and main duties...This is applicable to all possible NOCs...(regulated or not regulated)..Claiming work experience is completely independent on meeting the minimum requirements/additional qualifications.


However, in a regulated profession, you could still claim work experience points but you can't claim additional points which maybe possible in

'master's degree or professional degree needed to practice in a licensed profession'

To claim these points, they need evaluation from the Medical council of Canada or a similar counterpart for Law..


A) Is this my correct understanding?

B) If not what else is the restriction in claiming foreign work experience in a regulated profession?









'

Your understanding is right and the example you have provided of a doctor getting an evaluation from WES will be just fine. Education and work experience are two different thing and have different points for each.

However, there is a small catch. When you get an evaluation for a medical degree, the ECA has to state that you were licensed in a regulated profession, which WES does not do for a medical degree. Therefore IRCC clearly states that anyone claiming NOC 3111 or NOC 3112, should get their evaluation from Medical Council of Canada.

The reason for this is that in many countries medical degree is a bachelors degree, and if WES does not write that equivalency as a professional degree required to practice in a regulated profession, the applicant may not get points for it. The points for bachelor's will have to be claimed.

Getting an evaluation form Medical Council in itself will get an applicant points for a professional degree, unless the ECA states otherwise.

Medicine and Pharmacy are the only exception, but even if a doctor gets his evaluation from WES, can claim points for work experience, given that the doctor meets all other requirements.

 

[arvind92]

Your understanding is right and the example you have provided of a doctor getting an evaluation from WES will be just fine. Education and work experience are two different thing and have different points for each.

However, there is a small catch. When you get an evaluation for a medical degree, the ECA has to state that you were licensed in a regulated profession, which WES does not do for a medical degree. Therefore IRCC clearly states that anyone claiming NOC 3111 or NOC 3112, should get their evaluation from Medical Council of Canada.

The reason for this is that in many countries medical degree is a bachelors degree, and if WES does not write that equivalency as a professional degree required to practice in a regulated profession, the applicant may not get points for it. The points for bachelor's will have to be claimed.

Getting an evaluation form Medical Council in itself will get an applicant points for a professional degree, unless the ECA states otherwise.

Medicine and Pharmacy are the only exception, but even if a doctor gets his evaluation from WES, can claim points for work experience, given that the doctor meets all other requirements.

Very well noted sir.

So minus this small catch related to their educational assessments, which is applicable to Medical degrees...(Other NOCs need not worry.)


The foreign work experience points is completely and COMPLETELY independent of the minimum requirements stated in the NOC!
If your employment reference letter says that you have done the work stated in the lead statements/ main duties
You will get the foreign work experience points..
Your employment reference letter is gospel truth !



Now my precise concern was,
-

I will now attach one more link related to my NOC. I feel this is one of the most unique NOC on the lines of Nuclear physicists.I am not sure if you have ever heard of this NOC before.

https://www23.statcan.gc.ca/imdb/p3VD.pl?Function=getVD&TVD=122372&CVD=122376&CPV=2274&CST=01012011&CLV=4&MLV=5


Do note that,
My employment reference letter is in complete sync with the main duties and the lead statement.


However, for your reference, these are the employment requirements and additional information

'

• Employment requirements
  • Completion of secondary school is required.
  • Completion of a three-year cadet program in marine engineering from an approved marine training institute
    or
    Approximately three years of experience as an engine room crew member and six months of formal training at an approved marine training institute
    or
    Approximately three years of experience as an engine mechanic and six months of experience as an engine room crew member are required for certification as a fourth class marine engineer.
  • A marine engineer officer certificate of competency, issued by Transport Canada, is required.
• Additional information
  • Fourth Class Marine Engineer certificate is the entry level of a four-level certification program administered by Transport Canada. Progression from one level of certification to the next requires additional experience, training and testing.

'

My concern is,
The way our profession operates in India and Canada is completely different.

In India, I have to complete 5 years of education after high school, then Go for a fully paid training tenure( it is a job, not part of schooling) where I work full time, and only then I get This 'Fourth Class Marine Engineer certificate'

While in Canada,
They get this 'Fourth Class Marine Engineer certificate' right after their '3-year program' ends.

Also, a non-Canadian can never get a ''Fourth Class Marine Engineer certificate'' by Transport Canada. We can only have some kind of an equivalent license.




My last question is,

If i had done the duties stated in the lead statement and main duties during this fully paid training tenure(which is a job, not an internship by any standard, and also my title is in the illustrative examples).....

Can I claim work experience points for this paid training tenure on the basis of the completely in sync employer's reference letter even when I didn't have the Indian equivalent of 'Fourth Class Marine Engineer certificate' (issued by Transport Canada as this is exclusively meant for Canadians.)

 

[legalfalcon]

Very well noted sir.

So minus this small catch related to their educational assessments, which is applicable to Medical degrees...(Other NOCs need not worry.)


The foreign work experience points is completely and COMPLETELY independent of the minimum requirements stated in the NOC!
If your employment reference letter says that you have done the work stated in the lead statements/ main duties
You will get the foreign work experience points..
Your employment reference letter is gospel truth !



Now my precise concern was,
-

I will now attach one more link related to my NOC. I feel this is one of the most unique NOC on the lines of Nuclear physicists.I am not sure if you have ever heard of this NOC before.

https://www23.statcan.gc.ca/imdb/p3VD.pl?Function=getVD&TVD=122372&CVD=122376&CPV=2274&CST=01012011&CLV=4&MLV=5


Do note that,
My employment reference letter is in complete sync with the main duties and the lead statement.


However, for your reference, these are the employment requirements and additional information

'

• Employment requirements
  • Completion of secondary school is required.
  • Completion of a three-year cadet program in marine engineering from an approved marine training institute
    or
    Approximately three years of experience as an engine room crew member and six months of formal training at an approved marine training institute
    or
    Approximately three years of experience as an engine mechanic and six months of experience as an engine room crew member are required for certification as a fourth class marine engineer.
  • A marine engineer officer certificate of competency, issued by Transport Canada, is required.
• Additional information
  • Fourth Class Marine Engineer certificate is the entry level of a four-level certification program administered by Transport Canada. Progression from one level of certification to the next requires additional experience, training and testing.

'

My concern is,
The way our profession operates in India and Canada is completely different.

In India, I have to complete 5 years of education after high school, then Go for a fully paid training tenure( it is a job, not part of schooling) where I work full time, and only then I get This 'Fourth Class Marine Engineer certificate'

While in Canada,
They get this 'Fourth Class Marine Engineer certificate' right after their '3-year program' ends.

Also, a non-Canadian can never get a ''Fourth Class Marine Engineer certificate'' by Transport Canada. We can only have some kind of an equivalent license.




My last question is,

If i had done the duties stated in the lead statement and main duties during this fully paid training tenure(which is a job, not an internship by any standard, and also my title is in the illustrative examples).....

Can I claim work experience points for this paid training tenure on the basis of the completely in sync employer's reference letter even when I didn't have the Indian equivalent of 'Fourth Class Marine Engineer certificate' (issued by Transport Canada as this is exclusively meant for Canadians.)

It does not matter how a profession in India or Canada differs, what matter is that your job duties in WR should substantially match the JDs of the NOC you select.

To give you an example, in Canada to be a lawyer, you have to get the education, then do a 1 year articling before before your are licensed. However, in India and the US, articling is not a requirement.

What matters is that in your country what you did, not as per Canada, which you will have to meet if you move to Canada and want to find a job in your respective field.

As regards using work done during training, if it was not a part of your education, you can use it to claim points. Eg. for most government jobs you have to be on probation, similarly, to be licensed as a lawyer you need an articling (which is kind of a training), and since these are not a part of your education, you can claim points for them. If they are complicated, you can explain it in LoE.


For FSW and PNP IRCC has has clearly states:

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)].
The applicant’s skilled work experience must also

• have occurred within the ten years preceding the date of their application for permanent residence; and
• not be in an occupation that has been designated as a restricted occupation.

Note: At the time of publication, no occupations were designated as restricted.
In addition, during that period of employment, the applicant must have

• performed the actions described in the lead statement for the occupation as set out in the occupational description of the NOC [R75(2)(b)]; and
• performed a substantial number of the main duties, including all of the essential duties, of the occupation as set out in the occupational description of the NOC [R75(2)(c)].

Note: The applicant does not need to demonstrate that they meet the “employment requirements” listed in the NOC occupational description.

 

[arvind92]

It does not matter how a profession in India or Canada differs, what matter is that your job duties in WR should substantially match the JDs of the NOC you select.

To give you an example, in Canada to be a lawyer, you have to get the education, then do a 1 year articling before before your are licensed. However, in India and the US, articling is not a requirement.

What matters is that in your country what you did, not as per Canada, which you will have to meet if you move to Canada and want to find a job in your respective field.

As regards using work done during training, if it was not a part of your education, you can use it to claim points. Eg. for most government jobs you have to be on probation, similarly, to be licensed as a lawyer you need an articling (which is kind of a training), and since these are not a part of your education, you can claim points for them. If they are complicated, you can explain it in LoE.


For FSW and PNP IRCC has has clearly states:

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)].
The applicant’s skilled work experience must also

• have occurred within the ten years preceding the date of their application for permanent residence; and
• not be in an occupation that has been designated as a restricted occupation.

Note: At the time of publication, no occupations were designated as restricted.
In addition, during that period of employment, the applicant must have

• performed the actions described in the lead statement for the occupation as set out in the occupational description of the NOC [R75(2)(b)]; and
• performed a substantial number of the main duties, including all of the essential duties, of the occupation as set out in the occupational description of the NOC [R75(2)(c)].

Note: The applicant does not need to demonstrate that they meet the “employment requirements” listed in the NOC occupational description.

Couldnt have got a better response.

Thank you manmeet sir.

if I ever get on the other side of the globe, I will definitely make it steven even..

 

[raj90]

Dear @legalfalcon , i have EE appl. In process since 8 mos, i have also applied in the new pathway of international graduates. Will IRCC can withdraw my previous EE application without my consent? Thank you

 

[legalfalcon]

Dear @legalfalcon , i have EE appl. In process since 8 mos, i have also applied in the new pathway of international graduates. Will IRCC can withdraw my previous EE application without my consent? Thank you

No, your application cannot be withdrawn without your consent.

 

[luvtrump]

Does anyone know which center is is RC 2137 ?