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

[HA1986]

Got my GCMS notes today, Requested Date: 01/25/2021. Date Generated/ Date d'execution: 2021-02-19 (AOR 09-Oct-20))

ASSESSMENTS
Eligibility: Passed
Security: Not Started
HIRV:
Criminality: In Progress
Org Crime:
Medical: Passed
Misrepresentation:
Info Sharing: Complete
Other Reqs:
Final:

@legalfalcon could you please provide some guidance?
1. My criminality is passed but wife's isn't (probably due to poor quality of fingerprints), are they going to ask for fingerprints again?
2. Security clearly stated as 'not started' but I can see some blank pages and at the bottom it says:

CORRESPONDENCE
OUTGOING
OUTGOING: 1

does that mean anything?

any other pointers on where to look in the notes to get more info?

 

[legalfalcon]

Got my GCMS notes today, Requested Date: 01/25/2021. Date Generated/ Date d'execution: 2021-02-19 (AOR 09-Oct-20))

ASSESSMENTS
Eligibility: Passed
Security: Not Started
HIRV:
Criminality: In Progress
Org Crime:
Medical: Passed
Misrepresentation:
Info Sharing: Complete
Other Reqs:
Final:

@legalfalcon could you please provide some guidance?
1. My criminality is passed but wife's isn't (probably due to poor quality of fingerprints), are they going to ask for fingerprints again?
2. Security clearly stated as 'not started' but I can see some blank pages and at the bottom it says:

CORRESPONDENCE
OUTGOING
OUTGOING: 1

does that mean anything?

any other pointers on where to look in the notes to get more info?

If your criminality is pending that can be due to a few reasons, missing biometrics, not having a report back from RCMP, or it nor being updated. Also, for some inland applicants IRCC can ask for RCMP PCC and the criminality will continue to be pending until one is provided.

Only after al stages of an application are passed, will a final decision on your application be made and then factors such a inland and outland dependents will be factor in how the COPR is issued.

Fingerprints:

IRCC has already put in place rules and procedure on how to go about when the biometrics cannot be captured due to a physical ailment or any other impairment. It will have to be determined if the condition is temporary or permanent and based on that the following procedure will be followed:

Temporary injuries and conditions
Temporary injuries and conditions are any physical state that interferes with fingerprinting or photographing but is expected to be resolved by the passage of time. Examples include but are not limited to the following:

• bandages due to recent surgery or injury
• cuts
• scrapes
• swelling
• irritations
• contusions

Instructions for the biometrics enrolment operator
The biometrics enrolment operator must do all of the following:

• question the applicant about the nature, timing and cause of the condition
• enter a note regarding the nature of the applicant’s injury or condition and its possible cause in the Canadian Immigration Biometric Identification System (CIBIDS)
• inform the applicant that it is best to return at a later date to provide biometrics, once the temporary issue is resolved, and that they can contact Immigration, Refugees and Citizenship Canada (IRCC) if they need more than the 30 days allotted in the biometric instruction letter (BIL)
• inform the applicant that, if they choose to proceed, the IRCC office may require them to resubmit biometrics if there are any issues with quality

If the applicant chooses to proceed with the biometrics collection session, the officer must record the biographic data and capture the best-quality photograph possible and all available fingerprints.

Instructions for the IRCC office (inland and overseas)
The officer must process the application by using the available biometric information and the results of the fingerprint search.

If the IRCC officer decides to repeat the biometrics collection session, once the temporary issue is resolved, then the officer must do the following:

• ask the applicant to resubmit full or partial biometrics, as stated on the applicant’s BIL (done at the IRCC inland office, a VAC, select Service Canada locations, select GAC locations or U.S. ASCs, if warranted)
• exempt the applicant from the payment of a new biometric fee

Permanent injuries and conditions
Permanent injuries and conditions are any physical state that interferes with fingerprinting or photographing but are not expected to be resolved by the passage of time. Examples include but are not limited to the following:

• missing digits, due to amputation or a birth defect
• conditions that affect the placement of fingers on the collection device, such as severe chronic arthritis
• scarring or other damage to the fingertips that results in extremely poor-quality fingerprints, such as heavy calluses, due to manual labour
• facial scarring, disfigurements or skin conditions that prevent a good-quality photograph from being taken, such as extensive burns
• other physical conditions that prevent a good-quality photograph from being taken, such as tremors that prevent the applicant from remaining still, resulting in a blurry photograph

Instructions for the biometrics enrolment operator at VACs and GAC locations
The biometrics enrolment operator must do all of the following:

• question the applicant regarding the nature of the condition and its cause
• enter a note regarding the nature of the applicant’s injury or condition and its possible cause in CIBIDS
• proceed with biometrics enrolment by capturing the best-quality photograph and fingerprints possible
• advise the applicant that the IRCC office may contact them for further medical information about the injury or condition

Instructions for the IRCC office (inland and overseas)
The officer must do all of the following:

• document the condition or injury in the Global Case Management System
• if no further information is required, process the application, using the available biometric information
• if further information is required, request further information from the applicant about the injury or condition or schedule an interview and collect available biometric information during the interview.

See https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/identity-management/biometrics/conditions.html

 

[caipsnotes]

Thank you Legalfalcon!

So I’ll have to wait for 4 months just to receive a 4 months old set of notes.

What’s the sense here? IRCC is a joke.

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.

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

 

[caipsnotes]

ROADMAP FOR ATIP (Gcms Notes)

 

[SijuJoseph]

Hi @legalfalcon,
I requested GCMS notes through www.getgcms.com. Its been 42 days now. Neither I received the notes, nor any extension. What will be the cause and what can I do now?
Please advice

 

[caipsnotes]

Hi @legalfalcon,
I requested GCMS notes through www.getgcms.com. Its been 42 days now. Neither I received the notes, nor any extension. What will be the cause and what can I do now?
Please advice

Assuming you requested GCMS from IRCC and not CBSA?

It's for reasons such as this as well that it's better to request the notes from CBSA, same process and cost and just the consent form is different.

IRCC should have sent the extension notice in the first 30 days, since they did not then it means that no extension was taken and most likely the file is awaiting approval before being sent out. Delays such as this are happening with IRCC in some cases. Technically your file is in "deemed refusal" status and a complaint with OIC can be filed but time delay complaints now are mostly ineffectual. Meaning that OIC just waits long enough for IRCC to send the file to the client and then closes the complaint; complaints do not speed up the process!

What can you do now - escalate the issue within IRCC and would have to just wait for IRCC to respond/send the file soon

 

[kkhan16]

Hi @legalfalcon @caipsnotes
Just received my notes


Good Day

I received my GCMS notes and there is a review required under work experience. It says FSW work experience, Foreign Work experience 3+ years 1 year.
However at the time of AOR, I had 2 years experience in my NOC 6235 Financial sales representatives. 1 year 5 months as a debt collector and 7 months as a financing officer. Both positions with the same institution and both noted as meeting the selected NOC in the gcms notes.
I have other work experience in different fields, 1.5 years as a Teacher’s Assistant, 6 months as a Marketing Assistant and 5 months as an Executive Assistant.
In total, more than 3 years.
Can you advise why this would need a review required status?

 

[legalfalcon]

Hi @legalfalcon,
I requested GCMS notes through www.getgcms.com. Its been 42 days now. Neither I received the notes, nor any extension. What will be the cause and what can I do now?
Please advice

It is just a delay. You will have to wait it out. Under the Access to Information Act, the requesting information has to be released within 30 days.

If the 30 days have expired, then it is called "deemed refusal" against with a coming with the Office of the information commissioner can be filed.

There are some people who have been claiming the third party websites have ben put in tiers and are sent extensions. This pertains to mid 2019, against which the office of the Information Commissioner initiated a systematic investigation. The report is currently awaiting the Miniter of Immigration's comments after which it will be tabled before the Parliament.

It is because of the complaints filed with OIC, that this investigation was initiated.

In general due to COVID most ATIP divisions are facing delays. Also, there are issued with the software used by IRCC and CBSA which is nother reason for the backlog as the aTIP requests have increased. IRCC was recently allocated funds to update their tech resources, so moving forward, we should see some changes.

 

[SijuJoseph]

Assuming you requested GCMS from IRCC and not CBSA?

It's for reasons such as this as well that it's better to request the notes from CBSA, same process and cost and just the consent form is different.

IRCC should have sent the extension notice in the first 30 days, since they did not then it means that no extension was taken and most likely the file is awaiting approval before being sent out. Delays such as this are happening with IRCC in some cases. Technically your file is in "deemed refusal" status and a complaint with OIC can be filed but time delay complaints now are mostly ineffectual. Meaning that OIC just waits long enough for IRCC to send the file to the client and then closes the complaint; complaints do not speed up the process!

What can you do now - escalate the issue within IRCC and would have to just wait for IRCC to respond/send the file soon

@caipsnotes How can I escalate this issue with IRCC. Please guide me.

 

[SijuJoseph]

Assuming you requested GCMS from IRCC and not CBSA?

It's for reasons such as this as well that it's better to request the notes from CBSA, same process and cost and just the consent form is different.

IRCC should have sent the extension notice in the first 30 days, since they did not then it means that no extension was taken and most likely the file is awaiting approval before being sent out. Delays such as this are happening with IRCC in some cases. Technically your file is in "deemed refusal" status and a complaint with OIC can be filed but time delay complaints now are mostly ineffectual. Meaning that OIC just waits long enough for IRCC to send the file to the client and then closes the complaint; complaints do not speed up the process!

What can you do now - escalate the issue within IRCC and would have to just wait for IRCC to respond/send the file soon

It is just a delay. You will have to wait it out. Under the Access to Information Act, the requesting information has to be released within 30 days.

If the 30 days have expired, then it is called "deemed refusal" against with a coming with the Office of the information commissioner can be filed.

There are some people who have been claiming the third party websites have ben put in tiers and are sent extensions. This pertains to mid 2019, against which the office of the Information Commissioner initiated a systematic investigation. The report is currently awaiting the Miniter of Immigration's comments after which it will be tabled before the Parliament.

It is because of the complaints filed with OIC, that this investigation was initiated.

In general due to COVID most ATIP divisions are facing delays. Also, there are issued with the software used by IRCC and CBSA which is nother reason for the backlog as the aTIP requests have increased. IRCC was recently allocated funds to update their tech resources, so moving forward, we should see some changes.

Thanks @caipsnotes @legalfalcon

 

[upon]

@legalfalcon @caipsnotes

I have received my latest GCMS, review required was marked by Case Processing Agent but Ready to Finalize at the end as well. I have read your old post about RR that "the summary of the note says that an applicant has met the eligibility, or “ready to finalize” it simply means that while the applicant has met the eligibility criteria, but the specific document needs a careful examination form the officer before promoting (eligibility pass) by the officer."

Appreciate to have your professional advice that whether my eligibility has been met but required officer to have a careful examination or it was a concern on my eligibility. Many Thanks.

My GCMS notes:
REVIEW TYPE: A11.2 - CASE PROCESSING AGENT APPLICATION: EXXXXXXXX REGULATION: PNP: FSW,
2020-10-22 | have reviewed this application based upon the documents submitted by the applicant and the information contained in the file and note the following. RECOMMENDATION:***Review REQUIRED by Officer*** ** Please Review Funds ***Please Review RE Lead statement and duties edoc XXXXXXXX, XXXXXXXX A11.2: REVIEW REQUIRED R87: REVIEW REQUIRED R75: REVIEW REQUIRED R76: Selection Criteria - FSW POINTS: REVIEW REQUIRED R76: Selection Criteria - FUNDS: MEDICAL: ALL VALID Ready to Finalize
PNP NOMINATION: - Province of Nomination: BC. - PNC#: BCSAXXXXXXX. - Province matches current residence: Yes. - Nomination validity: Original. - Case Type: Economic Case. - Schedule 4 on file: Yes. Comprehensive Ranking System (CRS) CRS Score at invitation to apply (ITA) 899 CRS points minimum score for round: 471 CRS score at application (APR): 899 Total CRS Points Assessed: 874 | have reviewed the following for CRS points: EDUCATION CREDENTIAL(S) PROVIDED Bachelor's Degree, COMMUNICATION / Diploma/Certificate, COMPLETION ONE YEAR COLLEGE CERT IN FINANCIAL PLANNING R75(2)(A) PRIMARY OCCUPATION: NOC 0124 Advertising, marketing and public relations managers WORK EXPERIENCE 1: Foreign Manager XXXXXX (NOC: 0124) for XXX Company R75(2) LETTER OF EMPLOYMENT (eDoc# XXXXXXXXX Job Description consistent with lead statement and main duties of declared NOC – REVIEW REQUIRED WORK EXPERIENCE 2: Foreign Manager XXXXXX (NOC: 0124) for XXX Company R75(2) LETTER OF EMPLOYMENT (eDoc# XXXXXXXX Job Description consistent with lead statement and main duties of declared NOC – REVIEW REQUIRED FSW POINTS: REVIEW REQUIRED FSW score at ITA: 68 / Min required FSW Score: 67 Total FSW Points Assessed: 53 05 - R83 Adaptability - Verified Spouse has language Proficiency PNP Triage: Refer to IR Family Composition

Did you get an ADR for Schedule 4 during the process?

 

[mstefan]

Hey everyone! I ordered my GCMS notes by mistake under the Access to Information Act instead of the Privacy Act even if I'm legally residing in Canada. Do you think it can cause an additional delay? Should I order them again? Thanks.

 

[legalfalcon]

Hey everyone! I ordered my GCMS notes by mistake under the Access to Information Act instead of the Privacy Act even if I'm legally residing in Canada. Do you think it can cause an additional delay? Should I order them again? Thanks.

It makes no difference whether you request under Access to Information act or Privacy act except that your pay $5 under the Access to Information act.

Access to Information Act
Right to access to records

• 4 (1) Subject to this Part, but notwithstanding any other Act of Parliament, every person who is
  • (a) a Canadian citizen, or
  • (b) a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act,
• has a right to and shall, on request, be given access to any record under the control of a government institution.
• Marginal note:Extension of right by order

Privacy Act
Right of access

• 12 (1) Subject to this Act, every individual who is a Canadian citizen or a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act has a right to and shall, on request, be given access to
  • (a) any personal information about the individual contained in a personal information bank; and
  • (b) any other personal information about the individual under the control of a government institution with respect to which the individual is able to provide sufficiently specific information on the location of the information as to render it reasonably retrievable by the government institution.

The Privacy act is usually used to request personal information, where as Access to Information act can be used to obtain personal information or any other information held by a federal institution.

 

[legalfalcon]

How can I escalate this issue with IRCC. Please guide me.

There is no way to escalate the issue and this information of escalation is again another misinformation. When you do not receive the information within the stipulated time frame and send a response back to IRCC they will send this generic response:

We acknowledge that your request has been received and is in processing. According to our records, your request was due on [DATE].
Although we make efforts to provide timely access to records, the large volume of requests our institution processes makes it impossible to determine the exact date your file will be ready.
Please note that we have flagged your request as priority and the information will be forwarded to you as soon as possible.
We apologize for any inconvenience this situation may cause.

This does not mean it will be escalated. It merely means it has been acknowledged. All you can do is wait for IRCC to release it. There is no legal obligation for "escalation."

The only legal remedy is to file a formal complaint with the Office of the Information Commissioner under section 30 of th Access to Information act. OIC will investigate by sending a notice to IRCC. The timelines for investigations are 30-90 days.

30 (1) Subject to this Part, the Information Commissioner shall receive and investigate complaints

• (a) from persons who have been refused access to a record requested under this Part or a part thereof;
• (b) from persons who have been required to pay an amount under section 11 that they consider unreasonable;
• (c) from persons who have requested access to records in respect of which time limits have been extended pursuant to section 9 where they consider the extension unreasonable;
• (d) from persons who have not been given access to a record or a part thereof in the official language requested by the person under subsection 12(2), or have not been given access in that language within a period of time that they consider appropriate;
• (d.1) from persons who have not been given access to a record or a part thereof in an alternative format pursuant to a request made under subsection 12(3), or have not been given such access within a period of time that they consider appropriate;
• (e) in respect of any publication or bulletin referred to in section 5; or
• (f) in respect of any other matter relating to requesting or obtaining access to records under this Part.

When in doubt, read the law.

 

[SijuJoseph]

There is no way to escalate the issue and his information of escalation is again another misinformation. When you do not receive the information within the stipulated time frame and send a response back to IRCC they will send this generic response:




This does not mean it will be escalated. It merely means it has been acknowledged. All you can do is wait for IRCC to release it. There is no legal obligation for "escalation."

The only legal remedy is to file a formal complaint with the Office of the Information Commissioner under section 30 of th Access to Information act. OIC will investigate by sending a notice to IRCC. The timelines for investigations are 30-90 days.

30 (1) Subject to this Part, the Information Commissioner shall receive and investigate complaints

• (a) from persons who have been refused access to a record requested under this Part or a part thereof;
• (b) from persons who have been required to pay an amount under section 11 that they consider unreasonable;
• (c) from persons who have requested access to records in respect of which time limits have been extended pursuant to section 9 where they consider the extension unreasonable;
• (d) from persons who have not been given access to a record or a part thereof in the official language requested by the person under subsection 12(2), or have not been given access in that language within a period of time that they consider appropriate;
• (d.1) from persons who have not been given access to a record or a part thereof in an alternative format pursuant to a request made under subsection 12(3), or have not been given such access within a period of time that they consider appropriate;
• (e) in respect of any publication or bulletin referred to in section 5; or
• (f) in respect of any other matter relating to requesting or obtaining access to records under this Part.

When in doubt, read the law.

Thank you for the detailed reply @legalfalcon