Applicant from PhD program after 5 Nov, 2011 connect here to get status

[Stuck In Quebec]

Hi guys

I sent in my proof of funds (requested June 10th) a week ago to Ottawa. The next day I got this email from them:

I am writing you this letter to express my serious concerns regarding your application for permanent residence in Canada under the Canadian Experience Class.

As per Regulation 75(1) of the Immigration and Refugee Protection Regulations, the Federal Skilled Worker Class is prescribed as a class of persons who may become permanent residents on the basis of their ability to economically establish themselves and who intend to reside in a province other than the Province of Quebec. Although you indicated on your application form that you intend to reside in Toronto, Ontario, you currently live and work in Montreal, Quebec. Furthermore, you have not completed your course of study at McGill University. I am concerned that you do not intend to live in a province other that the Province of Quebec.

Therefore I am asking you to submit any additional information and/or documentation that would allay my concern. You have 30 days from the date of this letter to submit the additional information and/or documentation to me. Please ensure that you quote the file number indicated at the top of this letter on any information you submit. If you choose not to respond with additional information and/or documentation, or if your submission does not allay my concern(s), your application may be refused.

I look forward to receiving the additional information and/or documentation within 30 days.

I responded to clarify that I'm applying under the PhD stream and not CEC and asked if proof of relatives in Toronto would be acceptable information to show that I intend to live there. This was the response:

You may submit any documentation that you believe would demonstrate that you intend to reside in a province other than the Province of Quebec upon receiving permanent resident status in Canada. There is no one document that we can recommend as every case is treated individually; the onus is on you to allay our concerns as noted in our message below.

I currently do not have a job offer from Ontario and will not be graduating for at least a year. Other than relatives, is there anything else that can be used as proof of intention to live outside of Quebec?

Any suggestions would be greatly appreciated.

Hi

Would you mind sharing whose sent the letter, was it FA****???? Did you ever order your GCMS.Did they ever make an entry for Quebec resident. I went through my GCMS after seeing your post and found no such noting though in identifier section it is clearly mentioned that my address is in Quebec and I intend to move to Toronto. But SL*** who gave the grim and ghastly assessment didn't mention any concerns about me currently being in Quebec. Only problem stated was seems not significant duties as per NOC code were performed.

Please do share who sent the letter, it will shed some light on processing of files from Quebec. Also I noticed FA*** is listed as location not agent, wonder what that means. I think its an office section where they take final decision.

 

[asbereth]

No dual intent. My passport expired, so did my study permit and so did my TRV. Have to travel soon so had to have the the travel docs ready for reentry.

I am pretty sure that they know with the UCI. I though send an explanation letter and proof that I am traveling for Univ business and have to leave soon, and viola 3 days later, passport received.

Hope I have similar luck with this PR application too.

Your PR application will be smooth sailing, bro. The only hurdle would be the fact you are in Quebec, but since you already got a job offer outside of Quebec, I don't think it will be a problem

As far as I understand, there is no really such thing as a "dual intent" in Canadian immigration law. Or at least, it does not apply to international students: http://www.cic.gc.ca/english/study/institutions/intent.asp.

So, I believe it is different from the States, where there is a very clear distinction between dual-intent (H1B) and other visas.

By the way, it is slightly off-topic, but still curious---would there potentially be a difficulty in getting a visitor visa after being on an H1B?

Well, I think what dual-intent means here is that an applicant for a TRV may later on have an intention to apply for PR and settle in Canada. This would seem like a paradox since the requirement for a TRV is that you must leave by the end of your authorized stay. This is pursuant to IRPA 22(2)

22(2) An intention by a foreign national to become a permanent resident does not preclude them from becoming a temporary resident if the officer is satisfied that they will leave Canada by the end of the period authorized for their stay.

A visa officer 'technically' can't refuse a TRV applicant just solely based on the fact that the applicant may have an intention to immigrate later on (having 'dual' intent). If you satisfy the visa officer that you have strong ties for your country, the visa officer can't refuse you just because you express interest to immigrate to Canada later on when you're eligible (though for initial applications for TRV, IMO you should never disclose any intent to immigration anyway; even though they can't refuse you just based on that, they can easily find other reasons).

If you have a PR application in process, you have already expressed an interest to immigrate to Canada, hence any application for a TRV from that point on would be necessarily a dual-intent application.

For the States, I think it's a bit different. If you just as much show an intention to eventually immigrate to Canada, the US visa officer can refuse you just based on that reason alone.

H-1B is one of the few temporary US visas that allow dual-intent. I'm not sure how this would affect future applications for tourist visas (since having H-1B already necessarily shows that you have dual-intent) I'm assuming you are currently under H-1B, right? How hard would it be for you right now to get on path for green card?

 

[Stuck In Quebec]

Your PR application will be smooth sailing, bro. The only hurdle would be the fact you are in Quebec, but since you already got a job offer outside of Quebec, I don't think it will be a problem

Thanks Asbereth for the kind words. I think I have done max to cover all tracks as a Quebec applicant (hopefully). Will be clear in two months else, I will sit down and study more french and get PEQ (Quebec nomination within 15 days) or CSQ (3-4 months) post graduation and reapply to PhD stream.

Finger crossed (they have kinda gone numb being crossed for so long)

 

[Stuck In Quebec]

H-1B is one of the few temporary US visas that allow dual-intent. I'm not sure how this would affect future applications for tourist visas (since having H-1B already necessarily shows that you have dual-intent) I'm assuming you are currently under H-1B, right? How hard would it be for you right now to get on path for green card?

According to my friends on H1B, you are looking at 7-8 years on an academic H1B. They too made the process longer and if no job, its adios.

 

[kg.jadu]

According to my friends on H1B, you are looking at 7-8 years on an academic H1B. They too made the process longer and if no job, its adios.

I think you cannot even stay that long on H-1B. Isn't it limited to 6 years, and then you have to go?

 

[Stuck In Quebec]

I think you cannot even stay that long on H-1B. Isn't it limited to 6 years, and then you have to go?

I meant 7-8 for green card attainment. So pretty much this itself is an answer.

 

[kaziahmmed]

Since you only need one year of work experience to get above 67 points, there will be NO possibility of you to get rejected for not having enough points. The only possible way for them to reject you based on eligibility is if they refuse to give you even that one year.

Since having a Canadian Master's degree pretty much guarantees you the five adaptability points (I'm assuming it was at least two years in duration, right?), then even if they deny you the 4 adaptability for your spouse's education, and only award you 1 year of work experience, you would still have above 67 points I hope you have updated them with more detailed work reference letter?

When someone say/wish good things about someone else in my country we used to say in reply "God may shower flower smells for u from the heaven" .... Now same thing saying for u now in return .....

 

[anjuku]

Don't know what to say. We have not seen a single successful Quebec candidate so far. Same response to everyone. I am in similar boat. Have sent job offer letter, letter of mentorship from new supervisor and letter from current supervisor that I am submitting in July.

Personally with recent GCMS notes I got, I have started looking into post graduation Quebec options and reapplying in PhD stream.

Send them a letter of explanation stating your intentions of leaving, but it will be difficult without job offer or property etc. I am at loss.

Best of luck.

i don't think you have anything to worry about..the fact that you have a job offer outside Quebec, is the best/most ideal way to prove your intentions to reside outside Quebec!...anyway that was a very good move from your part especially sine they seem to be very picky on this aspect..and also your username itself suggests that you will leave Quebec the first opportunity you get ;D ;D ;D..so if CIC officers as someone suggested check this forum regularly, that's additional proof (just kidding )

bythe way, the fact that you got your TRV issued in 3 days has given me hope that they might issue PR visas inspite of the strike too..afterall, our passports are with them...they can't keep them forever (atleast i hope!)...i would assume that would make visa issuance a priority!!

 

[kiwignd]

Hi

Would you mind sharing whose sent the letter, was it FA****???? Did you ever order your GCMS.Did they ever make an entry for Quebec resident. I went through my GCMS after seeing your post and found no such noting though in identifier section it is clearly mentioned that my address is in Quebec and I intend to move to Toronto. But SL*** who gave the grim and ghastly assessment didn't mention any concerns about me currently being in Quebec. Only problem stated was seems not significant duties as per NOC code were performed.

Please do share who sent the letter, it will shed some light on processing of files from Quebec. Also I noticed FA*** is listed as location not agent, wonder what that means. I think its an office section where they take final decision.

It was sent by FA****. My previous correspondence with Ottawa were from NN***** (when I sent in my PCCs proactively) and RK**** (document request). I have no idea what the different letters mean. I have ordered my GCMS and I should receive it in abut a week or 2. I never made an entry for Quebec resident as far as I know but my address, my school and my TA/RA experience are all in Quebec but I clearly indicated that I intended to live in Toronto.

 

[a_nashed]

Hi all

I want to ask about something, my ecas is not working for almost a month now, is this OK.
BTW, i got medical, PCC and RCMP request while my online ecas is not working!

 

[TRT_Flynn]

Hi all

I want to ask about something, my ecas is not working for almost a month now, is this OK.
BTW, i got medical, PCC and RCMP request while my online ecas is not working!

Is it possible the ecas maintenance guy didn't finish the work of updating your ecas before walking out of office?

 

[morena34]

morena34,

Are you sure they evaluated you based on your updated letters of reference, and not the old ones? It happened several times on this forum (off the top of my head, including myself and aidina) that the updated letters of reference were not added to the file properly. What I would recommend you do, is post your updated letters of reference here so that we can look and see if they are strong. Then, email CPP-Ottawa asking if they received your update; at the same time, order your GCMS notes. Then you will have a complete picture of what has happened to your file and might even be able to overcome their decision.

Good luck.

Hi kg.jadu, here is the reference letter for RA:


Re: Confirmation of Ms. XXX Research Assistantship


To whom it may concern

I am writing to confirm that Ms. XXX is a PhD student who has been working in my research laboratory, paid as a full-time research assistant (RA) in Chemistry Department at XXX, city, Ontario, Canada since Sep 2009. She works 25 hours per week, with annual salary of CAN$ 20400. This employment will continue until her PhD graduation, with an expected date around August 2014. She has also been teaching assistant (TA) of several courses in our department.

As a research assistant, Ms. XXX is responsible for conducting literature reviews, performing experiments in the laboratory, analysis and interpretation of research results, and preparation of journal and conference papers. Her current research focuses on XXX

Demonstrating high intellectual ability and high caliber in her research, she has made remarkable achievements and contributions, published in conferences and journal papers. In summary, I believe strongly in potential of Ms. XXX as a talented and diligent researcher, which can make contributions to Canadian society, and therefore, I strongly support her application for Canadian permanent residency.

 

[kuzey]

I think it is okay. I had this issue on January and February. By the way, my ecas just updated today and it says "Medical results have been received".

Hi all

I want to ask about something, my ecas is not working for almost a month now, is this OK.
BTW, i got medical, PCC and RCMP request while my online ecas is not working!

 

[TRT_Flynn]

I think it is okay. I had this issue on January and February. By the way, my ecas just updated today and it says "Medical results have been received".

Withdraw my reply, it seems ecas guys are not on strike...

 

[kuzey]

I think it is missing the magical "assisted me". I also believe that you could add more details to your duties. Good luck.

Hi kg.jadu, here is the reference letter for RA:


Re: Confirmation of Ms. XXX Research Assistantship


To whom it may concern

I am writing to confirm that Ms. XXX is a PhD student who has been working in my research laboratory, paid as a full-time research assistant (RA) in Chemistry Department at XXX, city, Ontario, Canada since Sep 2009. She works 25 hours per week, with annual salary of CAN$ 20400. This employment will continue until her PhD graduation, with an expected date around August 2014. She has also been teaching assistant (TA) of several courses in our department.

As a research assistant, Ms. XXX is responsible for conducting literature reviews, performing experiments in the laboratory, analysis and interpretation of research results, and preparation of journal and conference papers. Her current research focuses on XXX

Demonstrating high intellectual ability and high caliber in her research, she has made remarkable achievements and contributions, published in conferences and journal papers. In summary, I believe strongly in potential of Ms. XXX as a talented and diligent researcher, which can make contributions to Canadian society, and therefore, I strongly support her application for Canadian permanent residency.