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>>>>>>>DECEMBER 2019 AOR<<<<<<< Join here

legalfalcon

VIP Member
Sep 21, 2015
19,048
9,915
Montréal, Quebec, Canada
Category........
FSW
Visa Office......
Ottawa
NOC Code......
4112
App. Filed.......
03-09-2015
Doc's Request.
01-10-2015
AOR Received.
03-09-2015
Med's Done....
17-08-2015
Passport Req..
05-04-2016
VISA ISSUED...
12-04-2016
LANDED..........
05-05-2016
Usually if your have a review required for a document, that is reviewed by the officer who has the carriage of your file and once the review is done, your eligibility is passed. Since the webform stats that you meet the eligibility requirements, which would indicate that the eligibility is passed and this is not the reason for the delay.

However, if any checks have expired, then they will have to be re-done.
 

DilshadCAN

Full Member
Apr 23, 2019
24
1
Hi, I have recently received my GCMS notes and got this update. Can anyone explain what does this mean? @legalfalcon. Thanks

Reassessment has been granted. A new medical activity will need to be created in order to reflect the new medical validity date. This is a permanent resident applicant whose file has been finalized and has been identified as part of the inventory for whose IME (Medical) is about to expire. In order to relieve the pressure associated with COVID-19 the file has been reassessed (6 months for designated countries and 1 year for non designated countries). Should the applicant not land before the expiry of the medical, a new IME will be required. The IME was assessed as M1 or M3
 

legalfalcon

VIP Member
Sep 21, 2015
19,048
9,915
Montréal, Quebec, Canada
Category........
FSW
Visa Office......
Ottawa
NOC Code......
4112
App. Filed.......
03-09-2015
Doc's Request.
01-10-2015
AOR Received.
03-09-2015
Med's Done....
17-08-2015
Passport Req..
05-04-2016
VISA ISSUED...
12-04-2016
LANDED..........
05-05-2016
Hi, I have recently received my GCMS notes and got this update. Can anyone explain what does this mean? @legalfalcon. Thanks

Reassessment has been granted. A new medical activity will need to be created in order to reflect the new medical validity date. This is a permanent resident applicant whose file has been finalized and has been identified as part of the inventory for whose IME (Medical) is about to expire. In order to relieve the pressure associated with COVID-19 the file has been reassessed (6 months for designated countries and 1 year for non designated countries). Should the applicant not land before the expiry of the medical, a new IME will be required. The IME was assessed as M1 or M3

See my post on this at #13,190
 

lavin.gurnani

Member
Jun 7, 2021
17
12
Usually if your have a review required for a document, that is reviewed by the officer who has the carriage of your file and once the review is done, your eligibility is passed. Since the webform stats that you meet the eligibility requirements, which would indicate that the eligibility is passed and this is not the reason for the delay.

However, if any checks have expired, then they will have to be re-done.
In that case do I have to call them up or raise a webform or do I just have to wait for their response.?
 

Avleen sahota

Hero Member
Mar 6, 2020
373
68
Hi @legalfalcon and all
Can we file a petition for the application that r stuck since November 2019 or before. As we see so many people are getting COPR who applied in mid 2020 or even later. So many like me, waiting for around 1.5 year and no movements on file.
 
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legalfalcon

VIP Member
Sep 21, 2015
19,048
9,915
Montréal, Quebec, Canada
Category........
FSW
Visa Office......
Ottawa
NOC Code......
4112
App. Filed.......
03-09-2015
Doc's Request.
01-10-2015
AOR Received.
03-09-2015
Med's Done....
17-08-2015
Passport Req..
05-04-2016
VISA ISSUED...
12-04-2016
LANDED..........
05-05-2016
Hi @legalfalcon and all
Can we file a petition for the application that r stuck since November 2019 or before. As we see so many people are getting COPR who applied in mid 2020 or even later. So many like me, waiting for around 1.5 year and no movements on file.
If you are referring to filing a writ of mandamus before the federal court seeking a direction from the court to instruct the Minister of Immigration to finalise your application, then it won't work.
Reposing my old post on this issue:


First of all you need to understand what Mandamus is and why it is filed. If there has been an inordinate delay only then a writ of mandamus can be filed before the Federal Court asking the court to compel the Minister of Immigration to make a decision on your file. However, each case is different and based on individual circumstances which would determine if the case would succeed or not.

The legal test to be applied when determining whether to grant an order for mandamus is set out in Kalachnikov v. Canada (Minister of Citizenship and Immigration),2003 FCT 777, citing Apotex Inc. v Canada (Attorney General), 1993 CanLII 3004 (FCA), [1994] 1 FC 742 (CA), affirmed by the Supreme Court of Canada in [1994] 3 SCR 1110:

1. There is a public duty to the applicant to act;
2. The duty must be owed to the applicant;
3. There is a clear right to the performance of that duty, in particular:

(a) the applicant has satisfied all conditions precedent giving rise to the duty;
(b) there was a prior demand for performance of the duty, a reasonable time to comply with the demand, and a subsequent refusal which can be either expressed or implied;
4. There is no other adequate remedy. [See Note 5 below]
5. The “balance of convenience” favours the applicant (Apotex Inc. v. Canada (A.G.), 1993 CanLII 3004 (FCA), [1994] 1 F.C. 742 (C.A.), aff'd 1994 CanLII 47 (SCC), [1994] 3 S.C.R. 1100, Conille v. Canada (Minister of Citizenship and Immigration), [1992] 2 F.C. 33 (T.D.)).[/QUOTE]

In Conille, supra, 1998 CanLII 9097 (FC), [1999] 2 F.C. 33 (T.D.) , Tremblay-Lamer J. set out three requirements at paragraph 23, that must be met if a delay is to be considered unreasonable:

(1) The delay in question has been longer than the nature of the process required, prima facie;
(2) The applicant and his counsel are not responsible for the delay; and
(3) The authority responsible for the delay has not provided satisfactory justification.


If you test your case against all of the above criteria, and also factor staffing issues with IRCC and COVID, a court will be reluctant to interfere. However, IRCC is sending out COPR and has placed application on hold for administrative convenience, since if an application is finalised, and if the COPR / PR visa expires then IRCC has to re-open at the file and process it again for any expires checks and then issue a new COPR. Once the travel restrictions are eased, you will bee the COPR being sent in mass batches.

To summarise:

1. As per the analysis above, Mandamus does not mandate a specific time frame, but the test is subjective and will depend on a case by case basis.
2. The process will depend on whether you case goes to trial before judge, or is dealt with by your lawyer and IRCC's lawyer and settled. Most cases end up being settled, but at this juncture IRCC will not be inclined to settle, as if they do, it will open room for more similar cases. It can be anywhere from 3-8 months.
3. There are many applicants who have filed Mandamus and got positive results, but that was in the context of delay in their security screening.

You can read more on mandamus cases:

https://canlii.ca/t/j1vrp
https://canlii.ca/t/jbk59

Hope this helps!
 
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Reactions: December2019

sitaram_16

Full Member
Nov 6, 2018
25
12
Hi @legalfalcon

My AOR is Dec 28th 2019.
MEP Jan 18th 2020.
Remeds requested and done on Feb 12th 2021.

I have been maintaining proof of funds in the form of Fixed Deposit, since June 2018.
On IRCC Proof of funds website under section What we accept as proof - 4th paragraph, it says "The funds must be available both when you apply and when (if) we issue you a permanent resident visa. You must prove to an immigration officer that you can legally access the money to use here when you arrive." Link below.

https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/express-entry/documents/proof-funds.html

Does this mean we do not need to maintain it during the whole application process?
I ask this because I have an emergency and need to access the funds.
Will be able to show the funds again when I am landing in Canada.

Thanks a lot for your help as always!

Thanks,
KK
 

legalfalcon

VIP Member
Sep 21, 2015
19,048
9,915
Montréal, Quebec, Canada
Category........
FSW
Visa Office......
Ottawa
NOC Code......
4112
App. Filed.......
03-09-2015
Doc's Request.
01-10-2015
AOR Received.
03-09-2015
Med's Done....
17-08-2015
Passport Req..
05-04-2016
VISA ISSUED...
12-04-2016
LANDED..........
05-05-2016
Hi @legalfalcon

My AOR is Dec 28th 2019.
MEP Jan 18th 2020.
Remeds requested and done on Feb 12th 2021.

I have been maintaining proof of funds in the form of Fixed Deposit, since June 2018.
On IRCC Proof of funds website under section What we accept as proof - 4th paragraph, it says "The funds must be available both when you apply and when (if) we issue you a permanent resident visa. You must prove to an immigration officer that you can legally access the money to use here when you arrive." Link below.

https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/express-entry/documents/proof-funds.html

Does this mean we do not need to maintain it during the whole application process?
I ask this because I have an emergency and need to access the funds.
Will be able to show the funds again when I am landing in Canada.

Thanks a lot for your help as always!

Thanks,
KK
If you have an emergency you can use the funds as long as your replenish it. An applicant has to matin the PoF during the processing of the application. In some cases IRC may ask for an updated PoF documents.
 

sitaram_16

Full Member
Nov 6, 2018
25
12
If you have an emergency you can use the funds as long as your replenish it. An applicant has to matin the PoF during the processing of the application. In some cases IRC may ask for an updated PoF documents.
Thank you so much @legalfalcon.
Do I need to inform IRCC first? Or I can replenish and provide updated POF when they ask?
 

Akuerika

Newbie
Jun 8, 2021
3
0
@legalfalcon .....Please assist with an urgent reply

The Naira keeps depreciating at a very alarming rate. I have already submitted my application, eligibility is passed, and am considering converting my POF from Naira to USD and lodging the sum in a domiciliary account,

Does IRCC allow such?
Will it have any negative effect on my application?

please assist with answers to the above questions as i don't want my pof to depreciate further.
 

legalfalcon

VIP Member
Sep 21, 2015
19,048
9,915
Montréal, Quebec, Canada
Category........
FSW
Visa Office......
Ottawa
NOC Code......
4112
App. Filed.......
03-09-2015
Doc's Request.
01-10-2015
AOR Received.
03-09-2015
Med's Done....
17-08-2015
Passport Req..
05-04-2016
VISA ISSUED...
12-04-2016
LANDED..........
05-05-2016
Thank you so much @legalfalcon.
Do I need to inform IRCC first? Or I can replenish and provide updated POF when they ask?
Only if you are asked and you provided updates PoF, as well as provide an explanation. IF your eligibility is passed, you will most likely not even be asked for an updated PoF.
 

legalfalcon

VIP Member
Sep 21, 2015
19,048
9,915
Montréal, Quebec, Canada
Category........
FSW
Visa Office......
Ottawa
NOC Code......
4112
App. Filed.......
03-09-2015
Doc's Request.
01-10-2015
AOR Received.
03-09-2015
Med's Done....
17-08-2015
Passport Req..
05-04-2016
VISA ISSUED...
12-04-2016
LANDED..........
05-05-2016
@legalfalcon .....Please assist with an urgent reply

The Naira keeps depreciating at a very alarming rate. I have already submitted my application, eligibility is passed, and am considering converting my POF from Naira to USD and lodging the sum in a domiciliary account,

Does IRCC allow such?
Will it have any negative effect on my application?

please assist with answers to the above questions as i don't want my pof to depreciate further.
You can surely move you funds from one account to another, just keep the transaction receipt, in case you are asked for an update PoF, you can provide the USD account, as well as provide the transaction.

Also, IRCC has clarified this

 
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Reactions: Akuerika

Akuerika

Newbie
Jun 8, 2021
3
0
You can surely move you funds from one account to another, just keep the transaction receipt, in case you are asked for an update PoF, you can provide the USD account, as well as provide the transaction.

Also, IRCC has clarified this

@legalfalcon, thanks, i appreciate your prompt response.
Please do not take offense, do you mind pasting the information contained in the link above please.

Sadly,the Nigerian govt has banned citizens from using twitter as such am unable to view it.

thanks in advance.
 

legalfalcon

VIP Member
Sep 21, 2015
19,048
9,915
Montréal, Quebec, Canada
Category........
FSW
Visa Office......
Ottawa
NOC Code......
4112
App. Filed.......
03-09-2015
Doc's Request.
01-10-2015
AOR Received.
03-09-2015
Med's Done....
17-08-2015
Passport Req..
05-04-2016
VISA ISSUED...
12-04-2016
LANDED..........
05-05-2016
@legalfalcon, thanks, i appreciate your prompt response.
Please do not take offense, do you mind pasting the information contained in the link above please.

Sadly,the Nigerian govt has banned citizens from using twitter as such am unable to view it.

thanks in advance.
Sure

 

Mauriss

Star Member
Apr 24, 2019
77
27
Hello @legalfalcon ,

Please Is the final approval process anything we should worry about for Outland applicants? All the stages have been passed and remedicals done. NO approval yet