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

[caipsnotes]

Systemic Investigation of Immigration, Refugees and Citizenship Canada

​

The Information Commissioner has submitted a special report to Parliament today regarding her investigation into systemic issues affecting the processing of access to information requests by Immigration, Refugees and Citizenship Canada. Download the Special Report to Parliament

https://twitter.com/i/web/status/1397199708813209605

OIC also learned that IRCC identified the 5 individuals who have submitted the most requests per year & has taken to automatically claiming 60 or 90‐day time extensions to all requests made by these individuals! These individuals also submitted the most complaints. Nevertheless, on March 1, 2021, IRCC stopped the application of 9(1)(a) time extensions in instances where a large volume of records is met by grouping multiple requests from the same individuals. More to come....

 

[legalfalcon]

Yes, that is what I did for EE.
Now I am talking about Work Permit application. For the WP application they ask to write only the HIGHEST degree. So I just need to pick randomly any Bachelor’s I have right?

Yes, you have select your highest degree, not pick one, but just list your highest qualification, which would be bachelor's.

 

[legalfalcon]

The most important highlight of the special report submitted by the Information Commissioner of Canada before the Parliament, pursuant to the systematic investigation initiated against IRCC in March 2020 was regarding the arbitrary time extensions sight by IRCC pursuant to section 9(1)(a) of the Access to Information Act.

https://twitter.com/i/web/status/1397199708813209605

OIC's recommendation and finding:

Adherence to legislated timelines
Under the Act, each institution is required to respond to access requests within 30 calendar days. If one of the circumstances listed in section 9 exists, an extension of time is permitted. If a valid time extension is not taken, or if the request is not responded to within a validly claimed time extension, it is deemed a refusal of access.

The vast majority of IRCC’s time extensions were claimed under paragraph 9(1)(a) of the Act. This provision allows institutions to extend the timeframe to respond for a reasonable period, having regard to the circumstances if:
– the request is for a large number of records or necessitates a search through a large number of records; and
– meeting the 30-day deadline would unreasonably interfere with the institution’s operations; and
– the extension of time is for a reasonable period, given the circumstances.

In 2019‐20, IRCC claimed 11,366 time extensions, an increase of over 300% since 2017‐18. This increase correlates to an increase in the number of complaints received by the OIC regarding IRCC.

The OIC also learned that IRCC has developed the practice of automatically claiming time extensions based on the number of requests submitted by certain individuals. More specifically, IRCC identified the five individuals who have submitted the most requests per year and has taken to automatically claiming 60 or 90‐day time extensions to all requests made by these individuals.

Subsection 4(2.1) of the Act clearly states that the head of a government institution make every reasonable effort to assist the person in connection with the request, respond to the request accurately and completely and, subject to the regulations, provide timely access to the record in the format requested. They must do so “without regard to the identity of a person making a request”.
IRCC’s practice is entirely inconsistent with this obligation.

As well, paragraph 9(1)(a) of the Act speaks to extensions of time “for a reasonable period of time, having regard to the circumstances”
if “the request” satisfies the requirements described. Nothing in the language of this provision, or the manner in which it has been interpreted by the Treasury Board of Canada Secretariat or the courts, authorizes an institution to group entirely distinct access to information requests together for the purposes of claiming an extension of time.

Commissioner’s Recommendation
Cease the practice of claiming time extensions under paragraph 9(1)(a) based on the number of requests submitted by any one requester.


RESPONSE FROM THE MINISTER OF IMMIGRATION, REFUGEES AND CITIZENSHIP

On March 1, 2021, IRCC stopped relying on paragraph 9(1)(a) to claim time extensions based on the collective volume of records responsive to the total number of individual requests made by an individual.

Next time someone tells you that filing complaints does not help, show him this, and let him know that immigration is law, and there something called "due process."

 

[Deleted member 994371]

RESPONSE FROM THE MINISTER OF IMMIGRATION, REFUGEES AND CITIZENSHIP

On March 1, 2021, IRCC stopped relying on paragraph 9(1)(a) to claim time extensions based on the collective volume of records responsive to the total number of individual requests made by an individual.

Next time someone tells you that filing complaints does not help, show him this, and let him know that immigration is law, and there something call "due process."

Have you noticed any change in the delivery of notes timeline since March 1, 2021? Are they sending out fewer time extensions now?

 

[legalfalcon]

Have you noticed any change in the delivery of notes timeline since March 1, 2021? Are they sending out fewer time extensions now?

Oh, yes. Most notes are being released within 30 days. No more time extensions as stated in the report.

 

[upon]

Yes, you have select your highest degree, not pick one, but just list your highest qualification, which would be bachelor's.

Thank you for your answer. But I have two Bachelor’s and they are equal. There is no way to determine which Bachelor’s is higher than other. That is why I am asking if I just need to pick ANY of the Two bachelors for WP application?
Moreover, when I checked previous applications I listed different Bachelor’s as HIGHEST for different WP application.
Please comment if this won’t be a problem.

 

[legalfalcon]

Thank you for your answer. But I have two Bachelor’s and they are equal. There is no way to determine which Bachelor’s is higher than other. That is why I am asking if I just need to pick ANY of the Two bachelors for WP application?
Moreover, when I checked previous applications I listed different Bachelor’s as HIGHEST for different WP application.
Please comment if this won’t be a problem.

It won't be a problem at all, because all your are selecting your highest qualification, form the two similarly ranked you have.

 

[legalfalcon]

Thank you for your answer. But I have two Bachelor’s and they are equal. There is no way to determine which Bachelor’s is higher than other. That is why I am asking if I just need to pick ANY of the Two bachelors for WP application?
Moreover, when I checked previous applications I listed different Bachelor’s as HIGHEST for different WP application.
Please comment if this won’t be a problem.

Keep your progress posted.

 

[jester10]

Hi @legalfalcon

Greetings!!

Please could you help me with the following query as I am not able to find the answer anywhere?

I have completed and received a credential of 3 years Ontario College Advanced Diploma in Canada within 2 years only (due to Advanced Standing). How many bonus points does this give me under Study in Canada, 15 or 30?

Thank you!

 

[legalfalcon]

Hi @legalfalcon

Greetings!!

Please could you help me with the following query as I am not able to find the answer anywhere?

I have completed and received a credential of 3 years Ontario College Advanced Diploma in Canada within 2 years only (due to Advanced Standing). How many bonus points does this give me under Study in Canada, 15 or 30?

Thank you!

It does not matter where you finish the program within 1 or 2 years or longer. for CRS points, what matters is what is the credential. Whether it is a diploma, bachelor's or a graduate degree.

Since your degree is a diploma, you can only claim points for that.

 

[upon]

Keep your progress posted.

Thanks! I will keep everything posted!

Please one more question:I am filling the IMM 5710 for WP application. There is a question:
Question 3
Check Yes or No to indicate if you have taken a test from a designated testing agency to assess your proficiency in English or French. (Copied this from the guide).

I did IELTS few times in the past but it was more than 2 years ago(so they are expired). I also applied for EE already and got AOR(when I applied test cad valid).

Do I answer Yes or No here as I have my test results but they are expired by now because they valid just 2 years. Thanks @legalfalcon

 

[vinban17]

Hi @legalfalcon. Sorry to bother you again. Few questions:

1) Whenever we called the IRCC customer care, are the agents maintain the logs/notes in the GCMS system which an officer can refer to?
2) I am asking this as I called customer care too frequently, almost 6 times in last month, and also send the CSE form (no reply). Can all of these follow-up negatively impact my application?

 

[legalfalcon]

Thanks! I will keep everything posted!

Please one more question:I am filling the IMM 5710 for WP application. There is a question:
Question 3
Check Yes or No to indicate if you have taken a test from a designated testing agency to assess your proficiency in English or French. (Copied this from the guide).

I did IELTS few times in the past but it was more than 2 years ago(so they are expired). I also applied for EE already and got AOR(when I applied test cad valid).

Do I answer Yes or No here as I have my test results but they are expired by now because they valid just 2 years. Thanks @legalfalcon

You will answer yes. For a WP a language assessment is not required per se and neither does it have to be within a specified time frame.

 

[legalfalcon]

Hi @legalfalcon. Sorry to bother you again. Few questions:

1) Whenever we called the IRCC customer care, are the agents maintain the logs/notes in the GCMS system which an officer can refer to?
2) I am asking this as I called customer care too frequently, almost 6 times in last month, and also send the CSE form (no reply). Can all of these follow-up negatively impact my application?

1. Not always, unless they made a note on your file to convey a message to the officer. The only record that IRCC has is your GCMS notes and your calls are usually not recorded, though webform and emails are.

2. It will not have any impact. However, you should call IRCC with some gap. Processing takes time and there are usually no updates on a day to day or weekly basis.

 

[upon]

1. Not always, unless they made a note on your file to convey a message to the officer. The only record that IRCC has is your GCMS notes and your calls are usually not recorded, though webform and emails are.

2. It will not have any impact. However, you should call IRCC with some gap. Processing takes time and there are usually no updates on a day to day or weekly basis.

I had a Note on my GCMS when I called call canter. In notes they just mentioned that I called and asked about the status. It was under INCOMING section.