AOR in February 2016 EE Connect Here

[legalfalcon]

You are telling me to get my facts right. But lets first understand where you got your facts. because i belioeve you are providing people with wrong information. CIC officer does not have to approve anything as whatever they enter in GCMS has to be correct.

Second when you say good for you that means i and maybe many more have recieved useful information before 3 months. than why are you generalizing the process based on your experience.
Dont you think that's being to subjective.

I AM JUST WRITING THING COZ I FOUND YOUR POST DEMORALIZING TO A LOT OF PEOPLE AND IT WAS NOT CORRECT EITHER.

My job here is not to convince you. You have a free will and go ahead and do what you think is right for you.

Where I get my information from? I get it from the Immigration and Refugee Protection Act, Access to Information Act, the Privacy Act, and the regulations enacted under it:


Section 13 of the Access to Information Act under which GCMS notes are obtained. There are applicants who have had their information removed under this section by a CIC agent.
Exemptions
Responsibilities of Government

Marginal note:Information obtained in confidence

13 (1) Subject to subsection (2), the head of a government institution shall refuse to disclose any record requested under this Act that contains information that was obtained in confidence from

(a) the government of a foreign state or an institution thereof;

(b) an international organization of states or an institution thereof;

(c) the government of a province or an institution thereof;

(d) a municipal or regional government established by or pursuant to an Act of the legislature of a province or an institution of such a government; or

(e) an aboriginal government.

Marginal note:Where disclosure authorized

(2) The head of a government institution may disclose any record requested under this Act that contains information described in subsection (1) if the government, organization or institution from which the information was obtained

(a) consents to the disclosure; or

(b) makes the information public.

Further, Regulation 4 of the Access to Information Regulations (SOR/83-507) available at <http://laws-lois.justice.gc.ca/eng/regulations/SOR-83-507/page-1.html#h-4>


Procedures
4 A request for access to a record under the Act shall be made by forwarding to the appropriate officer of the government institution that has control of the record, together with the required application fee,

(a) a completed Access to Information Request Form; or

(b) a written request that provides sufficient detail to enable the officer to identify the record.



The cardinal principle of Administrative Law (the law that governs governmental agencies in their decision making process) <https://en.wikipedia.org/wiki/Administrative_law> mandates that when in a statute or a regulation states an authority, the simple meaning of it has to be taken into consideration. Regulation 4 states that "a request for access to a record under the Act shall be made by forwarding to the appropriate officer of the government institution has control of the record."

Here, the appropriate officer is an CIC agent who makes decisions on the files and they have the power to invoke section 13 of the access to information act to withhold information. Every time a GCMS request is made, a CIC agent is obligated to look into the file and make sure that no information is given out in contravention of the Access to Information Act. Only after he approves it can the GCMS notes be released, which is done by clerical staff at the CIC. Lot of applicants have no movement their file, and this is when the GCMS notes can be effectively used. Upon making a request if there is something on the file the just has to be added or updated, since an agent opens the file to review it for the GCMS he will simple update the file and move it ahead. It is an effective strategy.


Also visafile.info on its FAQ states the same about the GCMS <http://www.visafile.info/how-caipsgcms-request-affects-processing/>

How CAIPS/GCMS request affects processing
Posted by visafile.info on April 6, 2015
We are often asked if it is safe to order a CAIPS or GCMS file, will such order delay processing of an immigration case or introduce any other difficulties.

Fortunately, requesting information from your visa/immigration file is 100% legal, and immigration authorities must fulfill such request since it is required by law. Requesting CAIPS or GCMS has absolutely no negative effect on file processing.

Instead, there are numerous reports that an immigration case that appeared to become stuck at some point was pushed forward by such request. It may happen because a CAIPS or GCMS request forces an officer to open a visa file and to look into it even if he was not supposed to at that time.

Therefore requesting a CAIPS or GCMS report is absolutely safe and may be beneficial for processing of a visa file.


I am not here to argue with you and prove my point is right. As a law professional, and in my personal capacity here, I try and help others without confrontation. I have cleared the process, I help other applicants who approach me to interpret their GCMS notes or have questions in general. I don't just do it in thin air, I am a lawyer licensed to practice in India and the US. With my understanding of the law, and how administrative agencies work does help and if I can benefit other, I am happy to do so. I try and help applicants with the best of my ability so that the process can be made easier and stress free..

You are free to do what you please, but when wrong information is provided, I will set the record straight. Information I provided is based on the Canadian immigration Law, experience from my process, the information I have gathered from reading over a dozen GCMS notes and effectively giving the right information or formulating a strategy for other applicants.

I will not be responding to any your posts anymore, because you have made this discussion very negative and personal just because I had a different view than what you did.

I wish you all the best for your application.

 

[legalfalcon]

hey
does anybody know that that start background check after clearing eligibility review or they check both together?
thanks

For the FSW applicants the BGC is the last step after the eligibility is cleared. For CEC and PNP (most but not all) the BGC goes in progress very early in the application even before the eligibility is met. This is because the province nominating the applicant has already evaluated the credentials and CIC has to look into the CSR score.

 

[IMGNSPNP]

For the FSW applicants the BGC is the last step after the eligibility is cleared. For CEC and PNP (most but not all) the BGC goes in progress very early in the application even before the eligibility is met. This is because the province nominating the applicant has already evaluated the credentials and CIC has to look into the CSR score.

Hi Legalfalcon.

Appreciate your posts on GCMS notes.

I am a PNP out land applicant, currently under medical furtherance (cleared & negative on sputum test) my re-xray is scheduled for 30th of Apr. My current back ground check status is showing as "not needed at this time", as you said in the last post BGC is conducted way before eligibility met for PNP candidates since they are already evaluated by PNP officials, so if that is the case what can I infer with my current BGC status in my CIC profile and to what degree i can considered my back ground check is completed.

Please correct my understanding if I am wrong anywhere.

Thank you

 

[legalfalcon]

Hi Legalfalcon.

Appreciate your posts on GCMS notes.

I am a PNP out land applicant, currently under medical furtherance (cleared & negative on sputum test) my re-xray is scheduled for 30th of Apr. My current back ground check status is showing as "not needed at this time", as you said in the last post BGC is conducted way before eligibility met for PNP candidates since they are already evaluated by PNP officials, so if that is the case what can I infer with my current BGC status in my CIC profile and to what degree i can considered my back ground check is completed.

Please correct my understanding if I am wrong anywhere.

Thank you

When I say PNP, not all PNP applicants have their BGC in progress this early. Like FSW candidates, some PNP candidates too get the BGC ion progress in the last stage of their application. There is nothing to be concerned about or worry. Get your medicals done and file the report. The day you file the medicals, you should request GCMS notes after a months from that to keep a track of your application.

 

[smallcoffee2milk]

For the FSW applicants the BGC is the last step after the eligibility is cleared. For CEC and PNP (most but not all) the BGC goes in progress very early in the application even before the eligibility is met. This is because the province nominating the applicant has already evaluated the credentials and CIC has to look into the CSR score.

Hi legalfalcon, i hv a question for BGC status for PNP applicants.
I've seen many inland PNP applicants have their BGC change from not needed at this time to not started in 2 weeks of the submittion, and then goes from not started to not needed at this time again a few weeks later.
Based on your experience, does the 2nd change usually reflects R10 completeness heck being complete and case being transferred to another visa office for further review?
Thanks !

 

[legalfalcon]

Hi legalfalcon, i hv a question for BGC status for PNP applicants.
I've seen many inland PNP applicants have their BGC change from not needed at this time to not started in 2 weeks of the submittion, and then goes from not started to not needed at this time again a few weeks later.
Based on your experience, does the 2nd change usually reflects R10 completeness heck being complete and case being transferred to another visa office for further review?
Thanks !

There is no set pattern. Usually, for the PNP, CEC applicants (especially inland) the BGC groin in progress fairly early, which for the FSW it is the last step in the application process. This is because for at least the PNP applicants the provinces have looked at their profiles on a separate application and their applications move really fast.

But, why the status goes from "not needed" to "not started" is a mystery and has no bearing on the application. In June -October 2015 applicants has the BGC go in progress and within a week they received the PPR. Some even received the PPR without their BGC ever going in progress. But recently most applicants have their BGC go from not stated to nod needed at this time. This is true even for the applicants who have their applications being processed at CPC Ottawa.

The only sure shot way of knowing if the application has been transferred to the LVO is by looking at the GCMS notes.

The BGC status of not started to not needed does not ascertain or point towards anything. Another recent trend is that earlier the BGC used to happen at Ottawa and then the application was transferred to the LVO for the PPR. However, in the last few months the application is transferred to the LVO after the eligibility is cleared and the BGC is done at the LVO.

One of the best predictors is the ghost mails you receive. But, when you receive it and for what can only be checked against the notes.

I know I have not answered your question, but there is no absolute answer.

 

[kirtivsingh]

My job here is not to convince you. You have a free will and go ahead and do what you think is right for you.

Where I get my information from? I get it from the Immigration and Refugee Protection Act, Access to Information Act, the Privacy Act, and the regulations enacted under it:


Section 13 of the Access to Information Act under which GCMS notes are obtained. There are applicants who have had their information removed under this section by a CIC agent.
Exemptions
Responsibilities of Government

Marginal note:Information obtained in confidence

13 (1) Subject to subsection (2), the head of a government institution shall refuse to disclose any record requested under this Act that contains information that was obtained in confidence from

(a) the government of a foreign state or an institution thereof;

(b) an international organization of states or an institution thereof;

(c) the government of a province or an institution thereof;

(d) a municipal or regional government established by or pursuant to an Act of the legislature of a province or an institution of such a government; or

(e) an aboriginal government.

Marginal note:Where disclosure authorized

(2) The head of a government institution may disclose any record requested under this Act that contains information described in subsection (1) if the government, organization or institution from which the information was obtained

(a) consents to the disclosure; or

(b) makes the information public.

Further, Regulation 4 of the Access to Information Regulations (SOR/83-507) available at <http://laws-lois.justice.gc.ca/eng/regulations/SOR-83-507/page-1.html#h-4>


Procedures
4 A request for access to a record under the Act shall be made by forwarding to the appropriate officer of the government institution that has control of the record, together with the required application fee,

(a) a completed Access to Information Request Form; or

(b) a written request that provides sufficient detail to enable the officer to identify the record.



The cardinal principle of Administrative Law (the law that governs governmental agencies in their decision making process) <https://en.wikipedia.org/wiki/Administrative_law> mandates that when in a statute or a regulation states an authority, the simple meaning of it has to be taken into consideration. Regulation 4 states that "a request for access to a record under the Act shall be made by forwarding to the appropriate officer of the government institution has control of the record."

Here, the appropriate officer is an CIC agent who makes decisions on the files and they have the power to invoke section 13 of the access to information act to withhold information. Every time a GCMS request is made, a CIC agent is obligated to look into the file and make sure that no information is given out in contravention of the Access to Information Act. Only after he approves it can the GCMS notes be released, which is done by clerical staff at the CIC. Lot of applicants have no movement their file, and this is when the GCMS notes can be effectively used. Upon making a request if there is something on the file the just has to be added or updated, since an agent opens the file to review it for the GCMS he will simple update the file and move it ahead. It is an effective strategy.


Also visafile.info on its FAQ states the same about the GCMS <http://www.visafile.info/how-caipsgcms-request-affects-processing/>

How CAIPS/GCMS request affects processing
Posted by visafile.info on April 6, 2015
We are often asked if it is safe to order a CAIPS or GCMS file, will such order delay processing of an immigration case or introduce any other difficulties.

Fortunately, requesting information from your visa/immigration file is 100% legal, and immigration authorities must fulfill such request since it is required by law. Requesting CAIPS or GCMS has absolutely no negative effect on file processing.

Instead, there are numerous reports that an immigration case that appeared to become stuck at some point was pushed forward by such request. It may happen because a CAIPS or GCMS request forces an officer to open a visa file and to look into it even if he was not supposed to at that time.

Therefore requesting a CAIPS or GCMS report is absolutely safe and may be beneficial for processing of a visa file.


I am not here to argue with you and prove my point is right. As a law professional, and in my personal capacity here, I try and help others without confrontation. I have cleared the process, I help other applicants who approach me to interpret their GCMS notes or have questions in general. I don't just do it in thin air, I am a lawyer licensed to practice in India and the US. With my understanding of the law, and how administrative agencies work does help and if I can benefit other, I am happy to do so. I try and help applicants with the best of my ability so that the process can be made easier and stress free..

You are free to do what you please, but when wrong information is provided, I will set the record straight. Information I provided is based on the Canadian immigration Law, experience from my process, the information I have gathered from reading over a dozen GCMS notes and effectively giving the right information or formulating a strategy for other applicants.

I will not be responding to any your posts anymore, because you have made this discussion very negative and personal just because I had a different view than what you did.

I wish you all the best for your application.

OMG you are funny. Makes me laugh. I just said what i felt coz you know too that you were generalization.
and honestly all the stuff you sent above is soo out of proportion for the discussion we were having.

I am also trying to help others coz your first comment on GCMS notes was incorrect and you know it. still you wanna be stubborn about it, I dont care. I responded to your comment not to offend you but to let others know who are seeing to file GCMS notes should go ahead.
No one person can tell exactly how the govt. process works. its all guesses and TBH i dont wanna fight over a guessing game.
PEACE OUT. Lets help other who actually seeking it.

 

[nshakelly]

Guys..Kindly, end this topic here.

Others (including me) get excited whenever FEB group is top on the list of discussions,expecting may be somebody has an update on their profile. All these discussions is our understanding how the process "MAY" be working from IRCC's end.

So lets discuss and not justify our answers (the tone) of our explanation.

 

[kirtivsingh]

Guys..Kindly, end this topic here.

Others (including me) get excited whenever FEB group is top on the list of discussions,expecting may be somebody has an update on their profile. All these discussions is our understanding how the process "MAY" be working from IRCC's end.

So lets discuss and not justify our answers (the tone) of our explanation.

+1 @nshakelly

 

[HudsonBanks]

@legalfalcon you've been of amazing assistance on this forum & I can't thank you enough but I beg to disagree with your assertion that no meaningful info can be gotten from ordering GCMS notes until 3 months post-AOR. @kirtivsingh & I debated on this same GCMS issue barely a month ago because he had exact same opinion as you do now concerning waiting for 3 months before ordering notes because I ordered mine barely 2 weeks after AOR.

I did not only get quality info that put my mind to rest concerning my application when my "premature" GCMS notes arrived but I also got PPR 3 days after receiving the notes. Don't get me wrong, I know my case is 1 out of many but all I'm trying to say is that everyone should be encouraged to order notes when they wish to know the status of their application instead of them coming to the forum asking repeated questions about time estimates that none of us really knows.

@kirtivsingh is just trying to assist like you, I & other members of the forum. Please don't take it the wrong way cos none of us can actually say for sure how IRCC ticks. Cheers!

 

[kirtivsingh]

@legalfalcon you've been of amazing assistance on this forum & I can't thank you enough but I beg to disagree with your assertion that no meaningful info can be gotten from ordering GCMS notes until 3 months post-AOR. @kirtivsingh & I debated on this same GCMS issue barely a month ago because he had exact same opinion as you do now concerning waiting for 3 months before ordering notes because I ordered mine barely 2 weeks after AOR.

I did not only get quality info that put my mind to rest concerning my application when my "premature" GCMS notes arrived but I also got PPR 3 days after receiving the notes. Don't get me wrong, I know my case is 1 out of many but all I'm trying to say is that everyone should be encouraged to order notes when they wish to know the status of their application instead of them coming to the forum & asking repeated questions about time estimates that none of us really knows.

@kirtivsingh is just trying to assist like you, I & other members of the forum. Please don't take it the wrong way cos none of us can actually say for sure how IRCC ticks. Cheers!

Thank you Hudson. And TBH you were the reason why I ordered my GCMS so early and i am so glad that we had that discussion few weeks ago.

 

[HudsonBanks]

Thank you Hudson. And TBH you were the reason why I ordered my GCMS so early and i am so glad that we had that discussion few weeks ago.

You're welcome! I'm glad I inspired you to order yours earlier, my experience has thought me that nothing is fixed & cases differ but do whatever puts you at ease. Best wishes for your PPR soonest!

 

[kirtivsingh]

You're welcome! I'm glad I inspired you to order yours earlier, my experience has thought me that nothing is fixed & cases differ but do whatever puts you at ease. Best wishes for your PPR soonest!

True Story. . My Due date was Apr 29 in notes, so planning to order another in May if no progress happens

 

[mulho]

Guys
Since we're talking about GCMS, I have one question: in the GCMS page, it's said that you need to reside in Canada to be eligible to open a GCMS.
Does anyone know about that?
Cheers
Mulho

 

[legalfalcon]

Guys
Since we're talking about GCMS, I have one question: in the GCMS page, it's said that you need to reside in Canada to be eligible to open a GCMS.
Does anyone know about that?
Cheers
Mulho

The section 4 of the Access to Information Act states:

Right to access to records

4 (1) Subject to this Act, 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.

People not in Canada can have a representative who is either a citizen or a PR and can order the notes on their behalf, or use a third party private company like gcmsnow.com or visafile.info to order their notes.