ALL ABOUT GCMS - HOW TO ORDER, READ, & GENERAL QUESTIONS ANSWERED

[Hchadda]

@caipsnotes

More of a Hail Mary than a coin toss!! Thanks for the info. Appreciate it.

 

[bijilbabu]

Applied for CBSA notes, got reply from CBSA after one week

"
Hello:

Like other workplaces across Canada, the Canada Border Service Agency (CBSA) has implemented exceptional workplace measures to curb the spread of novel Coronavirus (COVID-19) and protect our employees and the public. We are operating with significantly reduced on-site workforces, with most employees asked to work from home. As a result, our ability to process requests and meet the legislated timelines under the Access to Information and Privacy Act is presently constrained.

Your request is important to us and we will continue to make best efforts to respond to your request, in accordance with our reduced operational capacity caused by the exceptional measures to mitigate the spread of COVID-19. In order to process your request at this time, we are proposing that you limit your request to electronic records, thereby making them retrievable remotely. If you agree, our office will task out for responsive records. To be clear, we will not ask employees to go onsite to do this or to obtain secret records from any secure networks not accessible through remote access. If you do not agree to limit your request to electronic records, we will proceed with your request once we are back to normal operations.

To maintain an adequate delivery as stipulated in the Access to Information Act and Privacy Act, the Canada Border Services Agency (CBSA) would like to transmit your documents by email to improve our service. Should you accept this offer, please reply to this email stating that you accept and wish to get your documents by email. In such a case, the CBSA will proceed accordingly. Please note that there may be delays if you opt for a paper copy. Your understanding is appreciated.



Please advise as soon as possible if you agree to narrow your request to only include electronic records. If you have any questions or concerns, please feel free to contact me at any time.

Thank you,""

I replied to them agreeing to electronic records but there has been no reply since 2 weeks for the confirmation

Kindly suggest next step @legalfalcon

 

[legalfalcon]

Applied for CBSA notes, got reply from CBSA after one week

"
Hello:

Like other workplaces across Canada, the Canada Border Service Agency (CBSA) has implemented exceptional workplace measures to curb the spread of novel Coronavirus (COVID-19) and protect our employees and the public. We are operating with significantly reduced on-site workforces, with most employees asked to work from home. As a result, our ability to process requests and meet the legislated timelines under the Access to Information and Privacy Act is presently constrained.

Your request is important to us and we will continue to make best efforts to respond to your request, in accordance with our reduced operational capacity caused by the exceptional measures to mitigate the spread of COVID-19. In order to process your request at this time, we are proposing that you limit your request to electronic records, thereby making them retrievable remotely. If you agree, our office will task out for responsive records. To be clear, we will not ask employees to go onsite to do this or to obtain secret records from any secure networks not accessible through remote access. If you do not agree to limit your request to electronic records, we will proceed with your request once we are back to normal operations.

To maintain an adequate delivery as stipulated in the Access to Information Act and Privacy Act, the Canada Border Services Agency (CBSA) would like to transmit your documents by email to improve our service. Should you accept this offer, please reply to this email stating that you accept and wish to get your documents by email. In such a case, the CBSA will proceed accordingly. Please note that there may be delays if you opt for a paper copy. Your understanding is appreciated.



Please advise as soon as possible if you agree to narrow your request to only include electronic records. If you have any questions or concerns, please feel free to contact me at any time.

Thank you,""

I replied to them agreeing to electronic records but there has been no reply since 2 weeks for the confirmation

Kindly suggest next step @legalfalcon

Usually after this you get an automated response if you have not receive it, then too nothing to be concerned about as long as you have given your consent to receive the documents by email, they will be processed accordingly.

 

[AnnaJ4990]

Hi @legalfalcon @caipsnotes What does it mean when GCMS notes say A11.2 is Met?

 

[Limitless]

@legalfalcon , is it possible to have some pages withheld in pursuant of 16(2)c when security has not started? That's what I have in my notes.

 

[legalfalcon]

@legalfalcon , is it possible to have some pages withheld in pursuant of 16(2)c when security has not started? That's what I have in my notes.

Yes, all GCMS notes will have some information withheld under s16 / 15 of other similar provisions of the Access to Information act. It does not have to do with security. Security is usually withheld too, but so can be other sections of the notes on a case by case basis.

To read on s15 / 16 see https://bit.ly/30kGqUL

 

[legalfalcon]

Hi @legalfalcon What does it mean when GCMS notes say A11.2 is Met?

A 11.2 refers to the eligibility, and when it says met, it means that your eligibility is met. Eligibility happens in 2 stages, so see who entered the note. To read on hoe the note will look like, see #4,004

A11.2

Section 11.2 of the Immigration and Refugee Protection Act (IRPA) includes a new authority that supports the Express Entry system.

Under section A11.2, an officer may not issue a visa to an applicant who did not or does not meet the Express Entry minimum entry criteria (MEC) or did not or does not possess the qualifications for which they received their CRS score at the time when

• the invitation to apply (ITA) was issued; or
• the e-APR was received by IRCC.

When reviewing an application, processing offices must determine if

• the applicant possesses the qualifications that they declared in their e-APR, as corroborated by the applicant’s supporting documentation; and
• when the applicant submits their e-APR, the information provided in their Express Entry profile has not materially changed to the degree that the applicant would not have been issued an ITA in that round of invitations.

Accordingly, officers should refuse an application under section A11.2 if it is determined that

• at the time of the ITA or e-APR, the applicant did not or does not meet the MEC, which includes the requirements of the program to which they were invited to apply; or
• the applicant’s recalculated CRS score has fallen below that of the lowest-ranked candidate invited to apply in that round of invitations.

See https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/permanent-residence/express-entry/assessing-electronic-application-on-section-a11-2.html

 

[caipsnotes]

Hi @legalfalcon @caipsnotes What does it mean when GCMS notes say A11.2 is Met?

See the official link to this Express Entry: Assessing an electronic application on section A11.2
https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/permanent-residence/express-entry/assessing-electronic-application-on-section-a11-2.html

For a simplified view and to read about all the stages of an application see https://bit.ly/37nCTJD

 

[caipsnotes]

@legalfalcon , is it possible to have some pages withheld in pursuant of 16(2)c when security has not started? That's what I have in my notes.

Subsection 16(2) is a discretionary class exemption. It requires that the institution identify how the information would facilitate the commission of an offence, then exercise his/her discretion, in accordance with the intent of the Act and the provision, to determine whether the information should be withheld from disclosure.

If the department wants to claim subsection 16(2) in such a way that does not clearly fall within the three illustrated paragraphs, it must be a situation where the information will cause prejudice in facilitating the commission of an offence. Examples of these could be sabotage, forgery, hijacking, interception of communications, kidnapping, hostage-taking, fraud, spying, possession of explosives.

 

[Twee]

@legalfalcon I saw a number of fellas got everything passed, waiting for final review/approval. I have been stuck at review required for eligibility since Aug 2020. Only case analyst recommended RR for eligibility (my visa application was rejected in the past). I wonder if mine is placed on hold because of RR for eligibility or it is just because the assigned officer has no time to look at my paper yet? When an officer opens my file, is there anything different from him reviewing my file and, let's say, put PASSED or he will need to do something before another officer reviews my file and put PASSED?

I am FSW-PNP inland.

 

[legalfalcon]

@legalfalcon I saw a number of fellas got everything passed, waiting for final review/approval. I have been stuck at review required for eligibility since Aug 2020. Only case analyst recommended RR for eligibility (my visa application was rejected in the past). I wonder if mine is placed on hold because of RR for eligibility or it is just because the assigned officer has no time to look at my paper yet? When an officer opens my file, is there anything different from him reviewing my file and, let's say, put PASSED or he will need to do something before another officer reviews my file and put PASSED?

I am FSW-PNP inland.

Currently there are delays in he processing and outland FSW / PNP applications are almost on hold with very little processing.

If your eligibility is review required, did you check what is the reason. If there is nothing specifically pointed out, then do not be concerned. As long as you have submitted your complete application and you meet the criteria, you will be fine.

 

[Mike@2019]

Hello @legalfalcon @caipsnotes
Is it possible to get delays in GCMS notes even after the 90 days extension?
It's almost 100 days after I received the 90 days extension for my notes. I ordered from getgcms.com
Can I do anything about it?

 

[legalfalcon]

Hello @legalfalcon
Is it possible to get delays in GCMS notes even after the 90 days extension?
It's almost 100 days after I received the 90 days extension for my notes. I ordered from getgcms.com
Can I do anything about it?

If you had an extension, then there is nothing that you can do about it. Extensions are sought in a case by case basis. IRCC can release the GCMS notes anytime between when the extension was sought, until it expires. In some cases, even when the extension time frames have expired, IRCC has not released the GCMS notes.

In 2019-2020, as per IRCC's ATIP report, 49% of all requests filed were delayed, and 6% took longer than 120 days to be released.

Due to these extensions and delays, Office of the Information Commissioner initiated a systematic investigation against IRCC in March 2020, a report of which will be tabled before the Parliament, after the Immigration Minister's comments on the report are in.




Once a request for information has been filed, it has to be released, unless expressly denied. You can read more on this at https://bit.ly/3but8eV

 

[chaz_dance]

I received my GCMS today.
Info sharing is in progress - 3/5 NRT but one says 'Complete - not reviewed' and another says 'Ready to be assessed'.
Can anyone advise on what the next step is in my application? Will these need to be reviewed before criminality and security start? Nothing has happened in my application since December when eligibility was passed.

 

[caipsnotes]

Hello @legalfalcon @caipsnotes
Is it possible to get delays in GCMS notes even after the 90 days extension?
It's almost 100 days after I received the 90 days extension for my notes. I ordered from getgcms.com
Can I do anything about it?

Hi.

Assuming you requested GCMS from IRCC instead of CBSA?

Either government agency, IRCC, CBSA or CSIS can take 90 day extensions, they are not common though and when taken they are seen more with IRCC. The unfortunate part is that IRCC has categorized 3rd party GCMS providers into tiers when it comes to extensions. As a result some 3rd parties will usually get 90 days extensions while others receive 60 day extensions. IRCC should not do this (i.e. base decisions with regard to the identify of the requester) as it's not permitted under the Act, but IRCC has been doing so and continues to. These actions of IRCC were revealed in response to an ATIP request. More to come on this later.

Short answer to - anything you can do about it - You should receive the file soon, when delay beyond the due date happens it likely means that file is awaiting approval from the ATIP Director and/or was/will be sent in the postal mail. You should be close to receiving it otherwise you could have considered requesting the same information from CBSA

If interested in reading more about time extensions and associated FAQ's see https://bit.ly/2NmpUjP