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

[supersaiyan3]

Hi @legalfalcon,

Hope you are doing great and are in the best of health.

I have received my GCMS notes today and I have a query related to them.

As per my notes, the assessment states that my -

Eligibility-Passed
Criminality-Not Started
Security- Not Started
Info Sharing-Complete
Medical-Complete.

I checked the notes further and found that in one of the notes it was mentioned that my Criminality is also passed.

As my Info Sharing is completed and since one of the notes did give the recommendation to pass the Criminality then why does the assessment states that the Criminality and Security have not started yet?

I am a FSW outland Candidate(COR- USA) and my AOR is 16th Oct.

Thank you.

 

[n_singh20]

You can either call or send webform, webforms will have a more concern information as they are written responses.

Thanks a lot for the guidance.

 

[binder1232]

They will be exempt under extended family unification for which they will have to apply for an authorisation to travel.

Thank you sir @legalfalcon

 

[legalfalcon]

Hi @legalfalcon,

Hope you are doing great and are in the best of health.

I have received my GCMS notes today and I have a query related to them.

As per my notes, the assessment states that my -

Eligibility-Passed
Criminality-Not Started
Security- Not Started
Info Sharing-Complete
Medical-Complete.

I checked the notes further and found that in one of the notes it was mentioned that my Criminality is also passed.

As my Info Sharing is completed and since one of the notes did give the recommendation to pass the Criminality then why does the assessment states that the Criminality and Security have not started yet?

I am a FSW outland Candidate(COR- USA) and my AOR is 16th Oct.

Thank you.

Criminality is based on PCCs and the biometrics you provide. There will be two entries related to criminality, one based on the PCC you submitted and another based on the fingerprint scan. See https://www.canada.ca/en/immigration-refugees-citizenship/corporate/mandate/corporate-initiatives/biometrics/process-steps-2018.html

As regards security, that is usually the last stage and starts after eligibility has been conclusively passed.

To read on security, how it is done, how long it takes see https://bit.ly/3apWglN

 

[legalfalcon]

Hi @legalfalcon , how possible is it for an OINP application to be refused for having spent considerable time in QC during the last 3 years as a tourist (2-5 months/year), since there is a field to declare it on my application ? What about an Express Entry application getting refused for the same reason? Thank you!

Rejections are not based on how much time you spent in QC. One of the conditions is that as a FSW / PNP you should not intend to reside in QC after you become a PR. Now this intention is based on multiple factors and residence in QC is one of them which has to be evaluated whether your stay in QC was temporary, whether the applicant will move out, family ties outside QC etc.

To understand this more, you can read the following links which will give you a good understand of the law, regulations and how it is evaluated.

Quebec residency concerns refers to if you intend to settle in Quebec. As a FSW / CEC / PNP you cannot live or settle in Quebec.
75. (1) For the purposes of subsection 12(2) of the Act, the federal skilled worker class is hereby prescribed as a class of persons who are skilled workers and who may become permanent residents on the basis of their ability to become economically established in Canada and who intend to reside in a province other than the Province of Quebec. (Emphasis added)

To read on PNP obligations see https://bit.ly/3n97vDF

You can also see the federal court case:

Dhaliwal v. Canada (Citizenship and Immigration) http://canlii.ca/t/gn7xb

 

[tuxarc]

Rejections are not based on how much time you spent in QC. One of the conditions is that as a FSW / PNP you should not intend to reside in QC after you become a PR. Now this intention is based on multiple factors and residence in QC is one of them which has to be evaluated whether your stay in QC was temporary, whether the applicant will move out, family ties outside QC etc.

Thank you for the extensive reply. In my case however, I have no ties to Ontario so what worries me is that the time I have spent in Quebec would lead the agent to believe that I do not intend to reside in Ontario. Do you think that by mentioning my lack of French knowledge and bigger job market for my field in Toronto — as in the case you quoted — would overcome my extensive temporary residence in QC?

As I wouldn't be interested in pursuing this in court, would it be expected from the OINP and IRCC agents to apply the same rationale as the judge in the case you mentioned?

 

[legalfalcon]

Thank you for the extensive reply. In my case however, I have no ties to Ontario so what worries me is that the time I have spent in Quebec would lead the agent to believe that I do not intend to reside in Ontario. Do you think that by mentioning my lack of French knowledge and bigger job market for my field in Toronto — as in the case you quoted — would overcome my extensive temporary residence in QC?

As I wouldn't be interested in pursuing this in court, would it be expected from the OINP and IRCC agents to apply the same rationale as the judge in the case you mentioned?

It is not just one factor, but multiple factors, from your job, residence, etc that is taken into consideration.

It is the profile that will matter. Give that you intent to live outside QC then you should move before you file your application.

 

[tuxarc]

It is not just one factor, but multiple factors, from your job, residence, etc that is taken into consideration.

It is the profile that will matter. Give that you intent to live outside QC then you should move before you file your application.

Would it be so hard to apply for OINP/PR without first moving to Canada because of the time spent in Quebec as a visitor?

I don't reside or work in Canada, I had only entered as a visitor. My permanent residence and job is in a foreign country. The time I have spent in Quebec is all in visitor status, albeit it is an extensive amount. Would it still affect the agent's opinion regarding my intent to reside in Ontario?

 

[Gauzdx]

IF you file two PR applications, the one filed later will be placed on hold until a decision is made on the first one or it is withdrawn. This is done to avoid duplicity of work.

Also, filing a new application will not expedite it or guarantee that it will be processed faster. The new public policy is just another pathway for PR.

Hi @legalfalcon did this rule come to effect recently? I know someone who filed two application and CEC application which was submitted at a later date was approved first. Is this rule quoted somewhere officially?

 

[supersaiyan3]

Thank you @legalfalcon for the explanation. It was really helpful.

 

[Ruthyyyyyy]

Hi @legalfalcon , I have a question about the current travel restrictions in place . Is it possible for someone who got copr under the family class sponsorship to travel even though they do not meet the requirements for immediate or extended family members ?
And is there another essential purpose apart from reunification of family, compassionate grounds that someone can use to enter Canada

 

[legalfalcon]

Hi @legalfalcon , I have a question about the current travel restrictions in place . Is it possible for someone who got copr under the family class sponsorship to travel even though they do not meet the requirements for immediate or extended family members ?
And is there another essential purpose apart from reunification of family, compassionate grounds that someone can use to enter Canada

If you get a PR based on family sponsorship, how do you not fall under immediate or extended family?

 

[legalfalcon]

Hi @legalfalcon did this rule come to effect recently? I know someone who filed two application and CEC application which was submitted at a later date was approved first. Is this rule quoted somewhere officially?

There is no formal published policy from IRCC on this for EE. For citizenship applications, this is what IRCC states:


Policy
CIC has an obligation to avoid duplication of work or unnecessary costs in the processing of an application. Unless a client specifically requests CIC to process two or more applications at the same time, all applications will be held by CIC until processing on the initial application is completed. Applicants are encouraged to submit new applications only if they have new facts or evidence.

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/canadian-citizenship/admininistration/general-file-processing/procedure-multiple-applications.html

For EE, if you file two applications, or for that matter one under EE and another under the new public policy, IRCC has not clarified whether both will be processed together, will one be placed on hold, and what happens to other if one is approved.

Given that IRCC has the policy of avoiding duplication of work, but each application under different programs has different evidence to support it, it is unclear what IRCC is doing internally as they are aware of applicants filing more than one application.

 

[legalfalcon]

Would it be so hard to apply for OINP/PR without first moving to Canada because of the time spent in Quebec as a visitor?

I don't reside or work in Canada, I had only entered as a visitor. My permanent residence and job is in a foreign country. The time I have spent in Quebec is all in visitor status, albeit it is an extensive amount. Would it still affect the agent's opinion regarding my intent to reside in Ontario?

If you were a visitor to QC, that has no bearing on your OINP and you do not have to be in Canada to apply for PR under OINP PNP.

 

[Ruthyyyyyy]

If you get a PR based on family sponsorship, how do you not fall under immediate or extended family?

Apparently nieces and nephews aren’t exempted from travel restrictions as extended family members.
My uncle is sponsoring me as her orphaned niece
So I was wondering if I get my PR will I be allowed to enter Canada