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[AishB]

@legalfalcon

Need your advice on PCC for spouse - post ITA addition.
My spouse moved from Australia on 21st Jan but his PCC is dated until 17th jan 2021 only.
We submitted his documents in May but haven't received any updates so far. Do we have to apply for PCC again.

 

[Shres222]

Hello,
I need your help please. There is a Procedure Fairness letter in my account. Migration Section (High Commission of Canada, New Delhi, India) gave me 15 days to respond, and now I have 7 days left. I do not know how to prepare the explanation for this. My US student visa was rejected twice in 2019, I do not have a rejection reason or document to attach. Now, my Canada Student Visa is on risk. They said it is misrepresented and may ban for 5 years as well. I forgot to mention it in the application form. I need to write a letter and attach it in my account/portal.
Please advise @legalfalcon.
Thank you for your help in advance.

 

[legalfalcon]

@legalfalcon

Need your advice on PCC for spouse - post ITA addition.
My spouse moved from Australia on 21st Jan but his PCC is dated until 17th jan 2021 only.
We submitted his documents in May but haven't received any updates so far. Do we have to apply for PCC again.

Have you requested GCMS notes? After you submit the documents to add a spouse, it can take 3-5 months for them to be processed.

You should see your spouse's name on your MyCIC account under dependents.

[My response does not constitute legal advice and neither does it give rise to any lawyer-client relationship.]

 

[legalfalcon]

Hello,
I need your help please. There is a Procedure Fairness letter in my account. Migration Section (High Commission of Canada, New Delhi, India) gave me 15 days to respond, and now I have 7 days left. I do not know how to prepare the explanation for this. My US student visa was rejected twice in 2019, I do not have a rejection reason or document to attach. Now, my Canada Student Visa is on risk. They said it is misrepresented and may ban for 5 years as well. I forgot to mention it in the application form. I need to write a letter and attach it in my account/portal.
Please advise @legalfalcon.
Thank you for your help in advance.

You will have to respond to the PFL and provide an explanation on why you did not mention the prior visa refusal.

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>

If you file any application with IRCC, TRV, WP, PR etc, any of them can be looked into to review your current application and any inconsistency can be a cause of misrepresentation. All applications have to be consistent, and if they are not, a reason on why you omitted the information has to be provided.

They law is clear, while applications for different types of status engage different considerations, it does not necessarily flow that statements made in temporary residence applications cannot affect subsequent permanent residence applications (or vice versa). In Suri v. Canada , the court found that the Officer’s concerns vis-à-vis the contradictions between the Applicants’ temporary and permanent applications were reasonable and based on that the applicant's misrepresentation ban was upheld.

Federal courts have ruled on this numerous times.

Read - Suri v. Canada available at http://canlii.ca/t/grvwt

[My response does not constitute legal advice and neither does it give rise to any lawyer-client relationship.]

 

[legalfalcon]

Hi @legalfalcon

Hello. I am seeking advice on my Express Entry application. I have an AoR of 2nd December 2020 (FSW-Inland). I received a letter from IRCC asking for revised bank letters. I will be uploading those this week. These bank letters detail the PoF in my bank account from my home country.

However, my question is regarding my Canadian bank account. I intend to include a letter from CIBC about my account here in Canada. However, in recent weeks I had one large transaction (about CAD 20k) where I received money from my country (from my father) and loan it to my friend here in Canada. Beyond that, my account is fine. I have no loans and I only have one $500-limit credit card which I pay on time.

My question is: how do I explain the Canadian bank account's ONE large transaction? Or alternatively, can I not include the Canadian bank account and rely on the PoF bank letters that I included in my original application.

Just some numbers. I am showing PoF of CAD $26,000 which I've held in one single bank account since mid-2019 as USD.

I would really appreciate some legal advice/insight into this. I am more than happy to discuss terms if you feel this is a complicated issue.

IRCC does not care about individual transactions in your account. All that matters is that you have the PoF and meet the 6 months average balance.

See https://bit.ly/3xDTa8E

[My response does not constitute legal advice and neither does it give rise to any lawyer-client relationship.]

 

[legalfalcon]

ending remedical to our batch and we did that and they also updated it last week. Now due to the Omiron variant scare do you feel they can logically stop the further processing of our applications till the variant is proven less lethal ? or they are more likely to continue their processing and this variant should not have any impact on us with AOR 2019 ?

I do not speculate. As of today, there is no official notification. As and when any official notification is published, you will know.

[My response does not constitute legal advice and neither does it give rise to any lawyer-client relationship.]

 

[legalfalcon]

Hi @legalfalcon ,

I'm looking for your advice on what to do in case of child birth after COPR is issued. I used the webform to inform CIC several times but always got an automated response which didn't answer my question. My COPR expires in next couple of days. Any recommendation on what to do next ?

You can submit the documents for your child and request that the child be added to your application.


[My response does not constitute legal advice and neither does it give rise to any lawyer-client relationship.]

 

[AishB]

Have you requested GCMS notes? After you submit the documents to add a spouse, it can take 3-5 months for them to be processed.

You should see your spouse's name on your MyCIC account under dependents.

[My response does not constitute legal advice and neither does it give rise to any lawyer-client relationship.]

@legalfalcon
Yes GCMS was requested (on august) and there is no update so far. Not included in the MyCIC account yet.
But the question is on the PCC time for my husband, there was a 4 day difference between the PCC issued and departure from the country.

 

[legalfalcon]

@legalfalcon
Yes GCMS was requested (on august) and there is no update so far. Not included in the MyCIC account yet.
But the question is on the PCC time for my husband, there was a 4 day difference between the PCC issued and departure from the country.

I cannot comment on your specific case as I am not privy to your documents. However, IRCC instructions regarding PCC are clear:

• For the applicant’s current country of residence, the police certificate must have been issued no more than 6 months before the submission of the e-APR.
• For countries in which the applicant no longer resides, the police certificate must have been issued after the last time the applicant stayed in that country for 6 months or more in a row.

If your PCC does not meet the above, then you can send a replacement document.

[My response does not constitute legal advice and neither does it give rise to any lawyer-client relationship.]

 

[SimieR]

Good day @ Legalfalcon,

Just seeking some information. I am an Outland applicant, now in Canada from February 2021. I received PPR October 13, requesting to either (A) submit passport or (B) if in Canada would have to do virtual landing. (B) was the option selected as I am in Canada. I submitted confirmation of my location being in Canada from October 14 through webform. Since then I submitted webform three times and have not received any response. Visa Office is Kingston, Jamaica, AOR1 February 5, 2021, on visitor Visa permit from February 13, received approval of Permanent residency and is now awaiting finalization of application. PPR letter received Oct 13 and am waiting virtual landing portal for permanent residency to obtain COPR. It was communicated that once my address confirmation was done, the virtual landing portal and instruction would be emailed.

Would you be able to say what is the process and the timeline for virtual landing for outland applicant,if known, but who is now residing in Canada on visitor Visa permit?

Any information would be greatly appreciated. Thank you.

 

[Dikku1111]

Hello

I and my two dependents got PR of Canada and we are planning to go Canada in end of December 2021 ad my son will join us in end of January because he having exam.

Does it ok if we go Canada seperately ?

What if Canada banned on all flights before my son moved to Canada and I and my wife moved ?

 

[Grehoundy]

Good day @legalfalcon the travel ban placed on the 10 countries does it affect valid COPR holders

 

[legalfalcon]

Good day @legalfalcon the travel ban placed on the 10 countries does it affect valid COPR holders

As of today, there is no notification to that effect. All the most recent advisory states is that testing is now mandatory for all incoming passengers except those coming from the US. However, things may drastically change, so keep an eye out.




[My response does not constitute legal advice and neither does it give rise to any lawyer-client relationship.]

 

[legalfalcon]

Hello

I and my two dependents got PR of Canada and we are planning to go Canada in end of December 2021 ad my son will join us in end of January because he having exam.

Does it ok if we go Canada seperately ?

What if Canada banned on all flights before my son moved to Canada and I and my wife moved ?

A dependent can travel to Canada separately on or before the expiry of the PR visa and the date mentioned on the COPR. As long as the PA has landed, the dependents can land later.

As regards flight ban etc. No one can predict it now. As things move, notifications will be issued, so keep an eye out.

 

[legalfalcon]

Good day @ Legalfalcon,

Just seeking some information. I am an Outland applicant, now in Canada from February 2021. I received PPR October 13, requesting to either (A) submit passport or (B) if in Canada would have to do virtual landing. (B) was the option selected as I am in Canada. I submitted confirmation of my location being in Canada from October 14 through webform. Since then I submitted webform three times and have not received any response. Visa Office is Kingston, Jamaica, AOR1 February 5, 2021, on visitor Visa permit from February 13, received approval of Permanent residency and is now awaiting finalization of application. PPR letter received Oct 13 and am waiting virtual landing portal for permanent residency to obtain COPR. It was communicated that once my address confirmation was done, the virtual landing portal and instruction would be emailed.

Would you be able to say what is the process and the timeline for virtual landing for outland applicant,if known, but who is now residing in Canada on visitor Visa permit?

Any information would be greatly appreciated. Thank you.

If you have informed IRCC that you are in Canada, then virtual landing is the way to go. Virtual landing usually takes a few weeks after you have been provided with the portal credentials.

It seems in our case, you have not yet been provided with the portal credentials. You will have to follow up.