hkalltheway said:
Hey guys, I got bad new today and don't know what to do...can anyone tell me how to order FOSS notes? Should I order them for myself? Or my wife who I am sponsoring? Or both? How come I, as the sponsor, didn't receive any email, and my wife received the email, but at my email address? This is what the PDF file reads:
CIC really is odd with e-mail addresses. I wouldn't read too much into their sending to the wrong e-mail address.
ATIP forms: http://www.cic.gc.ca/english/department/atip/requests-personal.asp
You will be making a "privacy act" request, so there is no fee. One of you should apply and the other should authorize release of their personal information as well - submit both forms so that the ATIP office won't redact out information that is private to one of you.
hkalltheway said:
This letter refers to your application for permanent residence under the Spouse or Common-law
Partner in Canada Class.
This is to advise you that your application has been transferred to the Canadian Immigration
Centre in Etobicoke for further assessment. The Canada Immigration Centre may contact you
for an interview or to seek additional information or clarification. Once processing is complete,
that office will notify you by mail of their decision.
Passports for yourself and your family members must be valid for the duration of your stay in
Canada.
According to IP 8 they may refer cases to an inland office due to:
The CPC-V should refer cases to a CIC where an interview is warranted or where serious
criminality is involved. Examples of situations that may be handled by an inland CIC are:
• suspected relationships of convenience, including relationships that have been dissolved for the purposes of acquiring any status or privilege under IRPA and then resumed.
• suspected misrepresentation;
• serious criminality or security, as described in A34, A35, A36(1) and A37.
I suppose this could include an A44 report investigation (e.g., if you are not in compliance with the residency obligation) since if you are not in compliance you won't be eligible to sponsor, but from what I could tell in the processing manuals (IP 8 and OP 2) CPC-V should have handled a sponsor eligibility issue. If you are not under a removal order, your time in Canada does count towards your residency obligation at least.
hkalltheway said:
What is usually the timeline on this? It cannot be due to genuineness of the relationship, because everything was sent to them, we have two children, pictures and records of everything. The only doubt I have is not maintaining my two years of five years for residency(my child passed away while I was overseas, and my wife's visa got rejected to come to Canada, else I had the intention of moving back a lot sooner to comply with the residence requirement...we had gone through a lot of hardship and we needed each others companionship), but then how come they granted my wife the visitor visa extension? I am living in Canada, and under no removal order, so am a legal permanent resident, which is the requirement to sponsor. I really have no clue. Can someone please help with the foss notes, and how to order, and who to order for? Thanks!
There's some issue and the electronic case notes (do NOT order a physical copy) will tell you. I'm not sure, but I think FOSS might be dead now, as the goal was to switch everything over to GCMS ("Global Case Management System") rather than the old two system model (FOSS and CAIPS). When you complete the form, you will be asking for "electronic notes" and they will send you the relevant information.
Normally, they respond via e-mail with scanned copies (unless it is very large, when they will burn it onto a CD-ROM and mail it to you). There is a legal mandate to respond in 30 days and normally that is exactly what they do - they send you your results 30 days after receipt of your request.
As for timelines, I've seen cases where the inland office sends it back to CPC-V, but that does typically add six months or longer onto the process.
