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

[Dixy]

DEAR @legalfalcon ,

I AM VERY CONFUSED RIGHT NOW.

So the situation is i got PPR under CEC today. However, i left Canada in 2019 as my work permit expired. Moreover, i am marrying with in 10 days. So my question is if i inform IRCC about my marriage do i need POF FOR MY SPOUSE? as well as i am not in canada but i was invited under CEC and got PPR SO as per dependent criteria i need to have basic income of 33,000 CAD per year but i am out of status and not doing job in canada, will they question about how will you take care about spouse basic need and reject my approved cec app if i add my spouse in it (assuming my spouse passed medical, creminality and background check) ?

PS: the girl that i am marrying is in India and has no travel history of traveling abroad .
My current country of resident is also in india.

PLEASE HELP ME AND CLEARLY MY DOUBTS



HUMBAL REGARDS,
Thanks in advance

 

[Chernobyl]

Hi Legalfalcon,

In my police clearance form, everything was in order except for a minor spelling mistake in my name.
The clearance form spells my first and last name correctly in accordance with my passport, however, one name is spelt a bit differently.
So I got an affidavit from a local lawyer in my home country (in Asia) which stated that I am the same person.
So when submitting the clearance report to IRCC I put in a note saying why I got the affidavit, and the reason being that the local police is severely understaffed due to Covid and would not respond on time.
My question is, would this affidavit be accepted?
Thanks

 

[tania22]

@legalfalcom,
Hi, have a situation requiring your advise. Was nominated by SINP and ive applied for PR (still waiting). I however discovered only yesterday while revieiwing the documents i submitted to SINP that i had answered No to the question about previous TRV refusal to canada ( while i should have answered yes). Although i answered yes to the question while applying for PR. Ive applied for my note through getgcms, i am yet to receive it. Kindly advise. Thank you

 

[Jules27]

@ legalfalcon thanks for your reply.please what role does the secondary visa office play in the express entry process

 

[legalfalcon]

@ legalfalcon thanks for your reply.please what role does the secondary visa office play in the express entry process

There is no specific role defined in law. All applications start at Central Intake Office where R10 or the completeness check is done.

The primary office is usually based on your country of residence. However, for administrative convenience, local knowledge etc. the file can be transferred to any officer or multiple offices across the IRCC network.

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/service-delivery/file-transfer.html

When the file is transferred to an office does is all entered in the GCMS notes.

See https://bit.ly/3GhQYYq

 

[legalfalcon]

@legalfalcom,
Hi, have a situation requiring your advise. Was nominated by SINP and ive applied for PR (still waiting). I however discovered only yesterday while revieiwing the documents i submitted to SINP that i had answered No to the question about previous TRV refusal to canada ( while i should have answered yes). Although i answered yes to the question while applying for PR. Ive applied for my note through getgcms, i am yet to receive it. Kindly advise. Thank you

Under the law you have to be truthful when answering any questions, be it for PNP or IRCC. Usually, provinces do not have much say in looking into visa refusals as they do not do security or info sharing, but it is always good to set the record straight if you find any issues. So send an email to SINP and let them know.

As regards GCMS notes, IRCC is currently facing rampant delays. For any specific information about your request, contact getgcms directly.

 

[legalfalcon]

Hi Legalfalcon,

In my police clearance form, everything was in order except for a minor spelling mistake in my name.
The clearance form spells my first and last name correctly in accordance with my passport, however, one name is spelt a bit differently.
So I got an affidavit from a local lawyer in my home country (in Asia) which stated that I am the same person.
So when submitting the clearance report to IRCC I put in a note saying why I got the affidavit, and the reason being that the local police is severely understaffed due to Covid and would not respond on time.
My question is, would this affidavit be accepted?
Thanks

Will be at the discretion of the officer. Usually, all official documents should have correct spellings and details.

 

[legalfalcon]

DEAR @legalfalcon ,

I AM VERY CONFUSED RIGHT NOW.

So the situation is i got PPR under CEC today. However, i left Canada in 2019 as my work permit expired. Moreover, i am marrying with in 10 days. So my question is if i inform IRCC about my marriage do i need POF FOR MY SPOUSE? as well as i am not in canada but i was invited under CEC and got PPR SO as per dependent criteria i need to have basic income of 33,000 CAD per year but i am out of status and not doing job in canada, will they question about how will you take care about spouse basic need and reject my approved cec app if i add my spouse in it (assuming my spouse passed medical, creminality and background check) ?

PS: the girl that i am marrying is in India and has no travel history of traveling abroad .
My current country of resident is also in india.

PLEASE HELP ME AND CLEARLY MY DOUBTS



HUMBAL REGARDS,
Thanks in advance

If you get married before you land as a PR, you have to inform IRCC and add your spouse to the application. When you add a family member you have to show a new PoF for the additional family member. There are no basic income criteria, not sure where you got this from.

See https://bit.ly/3niMjNm

If you add a family member after the submission of your application, the eligibility is not done again.

Changes to family composition
All family members must be examined as part of the e-APR, whether they are accompanying the principal applicant or not. Family members can be added to the application at any time during the process, including after the visa is issued, but prior to obtaining permanent resident status. Applicants are instructed to inform IRCC immediately if their family composition has changed (e.g., birth of a child, marriage, divorce).
Pursuant to subsection R4(1), the principal applicant may not include a spouse or common-law partner in their application if their relationship was entered into primarily to acquire any status or privilege under the Act or is not genuine. Similarly, in accordance with subsection R4(2), the principal applicant may not include an adopted child in their application if the adoption was entered into primarily to obtain any status or privilege under the Act or if it did not create a genuine parent–child relationship.
Section A11.2 does not apply when an applicant adds a family member to their application after the e-APR; however, the family member will have to be assessed, and the principal applicant must provide IRCC with the Additional Family Information form [IMM 5406 (PDF, 570KB)] and pay the applicable fees online.

This clearly states that if your family composition changes and you add family members after submitting the application, then family members ar not subject to eligibility (A11.2), i.e. no impact on CRS or recalculation. However, the family member will have to go through medical, security and criminality admissibility.

 

[Chernobyl]

Will be at the discretion of the officer. Usually, all official documents should have correct spellings and details.

thanks Legal,
If that’s the case, I’m going to reapply for a clearance and upload the document via web form. I’m assuming this should be okay?.

 

[uigg]

@legalfalcon, a question regarding the photo upload in the PR Portal, they ask us to upload one that is taken within the past 6 months.

I uploaded my photo in the portal in September (when my photo was 4 months old). If IRCC takes a few more months to approve it, and it goes past November (which is when the photo will turn 6 months old), do you know if it will be an issue or if the photo might be rejected and be another delay?

Or is it only important that at the time of upload it was taken within 6 months?

 

[legalfalcon]

thanks Legal,
If that’s the case, I’m going to reapply for a clearance and upload the document via web form. I’m assuming this should be okay?.

You can submit your application with the current PCC if you are running out of time and include an LoE stating that there is a spelling mistake and that you have requested a revised PCC which will be submitted as and when it arrives.

Once you get a new PCC, you can send it via webform.

 

[legalfalcon]

@legalfalcon, a question regarding the photo upload in the PR Portal, they ask us to upload one that is taken within the past 6 months.

I uploaded my photo in the portal in September (when my photo was 4 months old). If IRCC takes a few more months to approve it, and it goes past November (which is when the photo will turn 6 months old), do you know if it will be an issue or if the photo might be rejected and be another delay?

Or is it only important that at the time of upload it was taken within 6 months?

It is as on the day you submit your photo should not be more than 6 months old.

 

[yusuffy1]

@legalfalcon
I also applied Nov 2018 and AOR Feb 2019.... I added my spouse Sep 2020.
@legalfalcon, what can we do?

 

[tania22]

Under the law you have to be truthful when answering any questions, be it for PNP or IRCC. Usually, provinces do not have much say in looking into visa refusals as they do not do security or info sharing, but it is always good to set the record straight if you find any issues. So send an email to SINP and let them know.

As regards GCMS notes, IRCC is currently facing rampant delays. For any specific information about your request, contact getgcms directly.

Thank you @legalfalcon ...appreciate your response. Do you suggest i inform SINP alone or also inform IRCC via webform? my worry and fear is for SINP to make a serious issue out of it . Anyway, its always good to set the record straight- a absolutely agree. And thank you always for being there to advise

 

[legalfalcon]

Thank you @legalfalcon ...appreciate your response. Do you suggest i inform SINP alone or also inform IRCC via webform? my worry and fear is for SINP to make a serious issue out of it . Anyway, its always good to set the record straight- a absolutely agree. And thank you always for being there to advise

Only SINP, since you have provided IRCC with the correct info.