AOR in February 2017 - Connect Here!

[wyzdr]

That is what I am referring to. When you submit your application post ITA, IRCC has to confirm the PNP certificate with the nominating province. That is what is taking way longer as Provinces are busy with evaluating new applications.

ok makes some sense , but honestly don't see the complication verifying nominations, since they are in the government system and each one has a unique number, it's like the IELTS score , not something you can buy from some certificate forgers in a third world street corner.

 

[legalfalcon]

ok makes some sense , but honestly don't see the complication verifying nominations, since they are in the government system and each one has a unique number, it's like the IELTS score , not something you can buy from some certificate forgers in a third world street corner.

Not true.

While Immigration is a federal subject, on which the federal government has complete control, the federal government has given certain privileges to Provinces to attract prospective immigrants to those provinces. PNP, is a part of that deal. However, even when a province nominates a prospective immigrant, it is the federal government through IRCC, which will make a final decision in whether to approve it or not. IRCC is free to seek additional information, verification documents from Provinces and the verification is not like that for IELTS or WES ECA. It is more deeper, where the IRCC will explore whether the Province has picked up someone who has a genuine interest in moving to the province and will establish themselves there.

There has been a case where a province nominated an applicant, but the IRCC refused his application citing concerns on his intent to settle in that province. The court held that it was the sole prerogative of the IRCC to make a decision and the Province can only nominate, but not have a final say on whom to admit and whom not to. This is why IRCC will ask for settlement plans from some PNP applicants to ensure that they are not using PNP as a means to seek in. (See Deol v. Canada (Minister of Citizenship and Immigration), 2013 FC 1147; and Noreen v. Canada (Minister of Citizenship and Immigration), 2013 FC 1169).

Read my post to understand how the immigration with the PNP and the federal system works: http://www.canadavisa.com/canada-immigration-discussion-board/threads/understanding-pnp-its-obligation-to-live-in-province-and-pr-status.502209/

 

[wyzdr]

Not true.

While Immigration is a federal subject, on which the federal government has complete control, the federal government has given certain privileges to Provinces to attract prospective immigrants to those provinces. PNP, is a part of that deal. However, even when a province nominates a prospective immigrant, it is the federal government through IRCC, which will make a final decision in whether to approve it or not. IRCC is free to seek additional information, verification documents from Provinces and the verification is not like that for IELTS or WES ECA. It is more deeper, where the IRCC will explore whether the Province has picked up someone who has a genuine interest in moving to the province and will establish themselves there.

There has been a case where a province nominated an applicant, but the IRCC refused his application citing concerns on his intent to settle in that province. The court held that it was the sole prerogative of the IRCC to make a decision and the Province can only nominate, but not have a final say on whom to admit and whom not to. This is why IRCC will ask for settlement plans from some PNP applicants to ensure that they are not using PNP as a means to seek in. (See Deol v. Canada (Minister of Citizenship and Immigration), 2013 FC 1147; and Noreen v. Canada (Minister of Citizenship and Immigration), 2013 FC 1169).

Read my post to understand how the immigration with the PNP and the federal system works: http://www.canadavisa.com/canada-immigration-discussion-board/threads/understanding-pnp-its-obligation-to-live-in-province-and-pr-status.502209/

Thank you ! i'll study this one, your article here is truly inspiring.

 

[wyzdr]

Not true.

While Immigration is a federal subject, on which the federal government has complete control, the federal government has given certain privileges to Provinces to attract prospective immigrants to those provinces. PNP, is a part of that deal. However, even when a province nominates a prospective immigrant, it is the federal government through IRCC, which will make a final decision in whether to approve it or not. IRCC is free to seek additional information, verification documents from Provinces and the verification is not like that for IELTS or WES ECA. It is more deeper, where the IRCC will explore whether the Province has picked up someone who has a genuine interest in moving to the province and will establish themselves there.

There has been a case where a province nominated an applicant, but the IRCC refused his application citing concerns on his intent to settle in that province. The court held that it was the sole prerogative of the IRCC to make a decision and the Province can only nominate, but not have a final say on whom to admit and whom not to. This is why IRCC will ask for settlement plans from some PNP applicants to ensure that they are not using PNP as a means to seek in. (See Deol v. Canada (Minister of Citizenship and Immigration), 2013 FC 1147; and Noreen v. Canada (Minister of Citizenship and Immigration), 2013 FC 1169).

Read my post to understand how the immigration with the PNP and the federal system works: http://www.canadavisa.com/canada-immigration-discussion-board/threads/understanding-pnp-its-obligation-to-live-in-province-and-pr-status.502209/

Falcon, while your theory of initial provincial document verification is plausible, but this year backup evidences from numerous extracted notes say that they don't even cast an eye over our cases for the initial several months. If they are truly verifying with the province, will the notes show? Any idea about this one?

 

[ruchir.vasavada]

Can you please send the what's app link to join the group? I got my AOR on 26th Feb.

 

[legalfalcon]

Falcon, while your theory of initial provincial document verification is plausible, but this year backup evidences from numerous extracted notes say that they don't even cast an glance over our cases for the initial several months, that's why we don't get even a MEP for months. If they are truly verifying our cases with the province, do the notes show? Any idea about this one?

What I mentioned is not theory, that is the Law. I have cited cases. I am telling you this based on what the law is, whether you accept it or not, is your prerogative. Each province asks applicants to furnish details of their connections in the province along with other documentation. It is carefully evaluated and then IRCC has the discretion to oversee it. Many applicants do get requests to furnish settlement plans, which has decreased over the months as provinces streamline their own immigration vetting process.

The GCMS notes only show the progress, and the agent comments. However, in cases where there have been concerns and requests for settlement plans, there is a corresponding note to that effect.

How IRCC may decide to process an application, that is their internal mechanism, but they have to follow the Immigration and Refugee Protection Act (IRPA), the regulations and ministerial instructions under it.


As per IRCC <http://www.cic.gc.ca/english/resources/tools/perm/econ/pnp/index-enhanced.asp>

Canada has entered into bilateral agreements with provinces and territories (except Quebec and Nunavut) to allow them to nominate individuals for permanent residence based on the provinces' assessment of the nominees' ability to contribute to the economic growth and development of those provinces.

Provinces and territories have the authority and responsibility to establish their own criteria for nomination, as long as the criteria are not incompatible with the Immigration and Refugee Protection Act, the Immigration and Refugee Protection Regulations, national immigration policy, and the Federal-Provincial/Territorial bilateral agreements, while Citizenship and Immigration Canada is responsible for the following in relation to enhanced nominations:

• assessing the applicant’s eligibility for the Provincial Nominee class; This is the stage where IRCC will redetermine an applicant's eligibility for the PNP, and even if it is cleared by the Province, IRCC can have their own judgment, although the minimum requirements for the eligibility to the class will remain the same. Do remember, that each province puts emphasis on showing the intention that the applicant will establish in the province. This is a subjective criteria.
• assessing that the applicant meets the program requirements of at least one of the federal economic immigration programs;
• assessing factors related to the IRPA section 11.2;
• assessing the applicant’s admissibility under the IRPA and IRPR;
• making a final decision on the application for permanent residence.

 

[wyzdr]

What I mentioned is not theory, that is the Law. I have cited cases. I am telling you this based on what the law is, whether you accept it or not, is your prerogative. Each province asks applicants to furnish details of their connections in the province along with other documentation. It is carefully evaluated and then IRCC has the discretion to oversee it. Many applicants do get requests to furnish settlement plans, which has decreased over the months as provinces streamline their own immigration vetting process.

The GCMS notes only show the progress, and the agent comments. However, in cases where there have been concerns and requests for settlement plans, there is a corresponding note to that effect.

How IRCC may decide to process an application, that is their internal mechanism, but they have to follow the Immigration and Refugee Protection Act (IRPA), the regulations and ministerial instructions under it.


As per IRCC <http://www.cic.gc.ca/english/resources/tools/perm/econ/pnp/index-enhanced.asp>

Canada has entered into bilateral agreements with provinces and territories (except Quebec and Nunavut) to allow them to nominate individuals for permanent residence based on the provinces' assessment of the nominees' ability to contribute to the economic growth and development of those provinces.

Provinces and territories have the authority and responsibility to establish their own criteria for nomination, as long as the criteria are not incompatible with the Immigration and Refugee Protection Act, the Immigration and Refugee Protection Regulations, national immigration policy, and the Federal-Provincial/Territorial bilateral agreements, while Citizenship and Immigration Canada is responsible for the following in relation to enhanced nominations:

• assessing the applicant’s eligibility for the Provincial Nominee class; This is the stage where IRCC will redetermine an applicant's eligibility for the PNP, and even if it is cleared by the Province, IRCC can have their own judgment, although the minimum requirements for the eligibility to the class will remain the same. Do remember, that each province puts emphasis on showing the intention that the applicant will establish in the province. This is a subjective criteria.
• assessing that the applicant meets the program requirements of at least one of the federal economic immigration programs;
• assessing factors related to the IRPA section 11.2;
• assessing the applicant’s admissibility under the IRPA and IRPR;
• making a final decision on the application for permanent residence.

Understood. So the notes only show what's been done, as for the things not done, we can not draw conclusions as to the real reason, whether they're waiting in line, or they are not needed...

 

[legalfalcon]

Understood. So the notes only show what's been done, as for the things not done, we can not draw conclusions as to the real reason, whether they're waiting in line, or they are not needed...

Yes, the notes will only state the PN certification verified and eligibility met. This means that the IRCC agent has reviewed the certification and if he feels the need, the file too. Only if there is a concern, will you see a note stating that.

 

[usman_14pk]

That is what I am referring to. When you submit your application post ITA, IRCC has to confirm the PNP certificate with the nominating province. That is what is taking way longer as Provinces are busy with evaluating new applications.

But technically it should be the other way around. PNP applications should be processed faster than other federal streams as they are already being approved by a province (which has done the verification and eligibility check to some extent already).

 

[usman_14pk]

But technically it should be the other way around. PNP applications should be processed faster than other federal streams as they are already being approved by a province (which has done the verification and eligibility check to some extent already).

And ofcourse CIC has the right to accept or reject the applications regardless of whether they are approved by some province or not... but still, PNP applications should have some priority over others.

 

[legalfalcon]

And ofcourse CIC has the right to accept or reject the applications regardless of whether they are approved by some province or not... but still, PNP applications should have some priority over others.

Earlier PNP was the fastest, most applicants would get PPR within 3-4 months. However, with the recent changes and the CRS scores going up for the cut-off, more applicants are now filing applications for PNP nomination and provinces have limited resources, which is delaying the process.

However, just because an applicant has PNP, does not mean there should be any priority given to them.

 

[wyzdr]

Earlier PNP was the fastest, most applicants would get PPR within 3-4 months. However, with the recent changes and the CRS scores going up for the cut-off, more applicants are now filing applications for PNP nomination and provinces have limited resources, which is delaying the process.

However, just because an applicant has PNP, does not mean there should be any priority given to them.

If PNP is not a privilege, at least Don't let it be the underprivileged.

Are there better ways to verify the provincial document?Can they be automatically shared and made readily available at hand when needed? Hope things can go faster afterwards, Been a long time since the last major nomination.

 

[Redbaron]

I got an email saying "Please note that your application is currently being processed at the Centralized Intake Office in Sydney, Nova Scotia.". So this would mean that eligibility check has not yet started OR is that not necessary?

 

[firstone]

If PNP is not a privilege, at least Don't let it be the underprivileged.

Are there better ways to verify the provincial document?Can they be automatically shared and made readily available at hand when needed? Hope things can go faster afterwards, Been a long time since the last major nomination.

I dont get it. What is there to be verified? The Province is giving 600 points directly to the EE profile which cannot be forged, moreover, The nomination certificates are attached to the application which can be verified in the system as well. Canada being such a big country with advanced resources I am sure they have a system where every immigration officer/analyst including provincial or federal are having an integrated system where they all can have a look at the parked cases.

 

[wyzdr]

I dont get it. What is there to be verified? The Province is giving 600 points directly to the EE profile which cannot be forged, moreover, The nomination certificates are attached to the application which can be verified in the system as well. Canada being such a big country with advanced resources I am sure they have a system where every immigration officer/analyst including provincial or federal are having an integrated system where they all can have a look at the parked cases.

Carefully read Falcon's thread on floor 6980 and 6984, although I am still wondering the same what's the complication soliciting provincial document, but afterall they have their own mechanism we are in no position of questioning, and the provinces are indeed busy this year. It's a plausible explanation.