***>>> January 2020 AOR <<<***

[legalfalcon]

@legalfalcon
hi, I wanted to change my address but apparently applicants outside united states and Canada have to contact the visa office their application is being processed at, well i do not know which visa office my application is at, so my question is whom do i inform and how? do you think simply raising web form is enough?

You only have to send a webform and wherever your application is at, it will be sent to the concerned office.

 

[legalfalcon]

@legalfalcon I need your advice please. I just got my second round of GCMS notes and there is now a section on non-compliance. I believe this is related to my previous web form update to show them that I am married and currently living with my husband on a temporary basis in Canada. I have only a visitor status here and understand that I must leave after my 6 month period, assuming I am not awarded PR before then. How do I convince them of this? I am very worried that they may render me inadmissible due to a misunderstanding.

If you have any legal status in Canada, you do not have to prove anything. The PR application will be processed based on your eligibility on what you have claimed.

Also, Canadian immigration allows dual intent.


Dual intent is present when a foreign national who has applied or may apply for permanent residence in Canada also applies to enter Canada for a temporary period as a

• visitor
• student
• worker

Having 2 intents (1 for temporary residence and 1 for permanent residence) is legitimate.

Subsection A22(2) states: “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”. Dual intent on the part of the applicant is therefore not prima facie grounds for refusal of temporary resident status.

Assessing dual intent
A person’s desire to apply for temporary resident status and permanent resident status in Canada is legitimate. An officer should distinguish between a temporary residence applicant whose intentions are bona fide and an applicant who has no intention of leaving Canada at the end of their authorized stay if the application for permanent residence is refused.

In assessing the applicant’s intentions, the individual circumstances of the temporary residence applicant must be examined; refusals of non-bona fide temporary residents may only withstand legal challenge when the refusal is based on the information related to the specific application before an officer.

 

[clynne]

If you have any legal status in Canada, you do not have to prove anything. The PR application will be processed based on your eligibility on what you have claimed.

Also, Canadian immigration allows dual intent.


Dual intent is present when a foreign national who has applied or may apply for permanent residence in Canada also applies to enter Canada for a temporary period as a

• visitor
• student
• worker

Having 2 intents (1 for temporary residence and 1 for permanent residence) is legitimate.

Subsection A22(2) states: “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”. Dual intent on the part of the applicant is therefore not prima facie grounds for refusal of temporary resident status.

Assessing dual intent
A person’s desire to apply for temporary resident status and permanent resident status in Canada is legitimate. An officer should distinguish between a temporary residence applicant whose intentions are bona fide and an applicant who has no intention of leaving Canada at the end of their authorized stay if the application for permanent residence is refused.

In assessing the applicant’s intentions, the individual circumstances of the temporary residence applicant must be examined; refusals of non-bona fide temporary residents may only withstand legal challenge when the refusal is based on the information related to the specific application before an officer.

thank you legalfalcon! My husband and I were so stressed. They had asked me for proof of my passport stamp to show I entered Canada legally (in order to process the GCMS notes under ATIP), so I'll assume that nothing further needs to be done then

 

[ayeetee]

Hi guys,

I've raised a webform and was so unhappy with their generic answer and finally decided on getting GCMS and wasn't expecting close to 200 pages.
Anyways, I've read the forum and it's suggested to read the 'notes' at the end, and read the most top one.

It says
TEXT **OFFICER REVIEW** No indicators of concern on file. Application appears RFV.


Does it mean that I'm good to go?
Thanks in advance!

What does the second page say about eligibility? Passed? Is security left blank? If so, that means you should be good to go

 

[marquess]

Hi all, in case someone is still waiting for PR cards, ours arrived yesterday.
CoPR date: June 8th
EE PNP - Inland
Visa Office - Sydney

 

[legalfalcon]

thank you legalfalcon! My husband and I were so stressed. They had asked me for proof of my passport stamp to show I entered Canada legally (in order to process the GCMS notes under ATIP), so I'll assume that nothing further needs to be done then

The process to request GCMS notes and the processing of your application are entirely different. GCMS notes are processed and requested under the Access to Information Act. As per the Act, only individuals who are Canadian citizens, PR or legally present in Canada and request their own information.

Whereas, the processing of your request happened under the Immigration and Refugee Protection Act.

Both the processes are dealt with bu different divisions of IRCC and have no correlation.

You are asked to show your stamp on the passport because the ATIP division wanted to ascertain if you were legally in Canada and thus entitled to request your GCMS notes.

 

[clynne]

The process to request GCMS notes and the processing of your application are entirely different. GCMS notes are processed and requested under the Access to Information Act. As per the Act, only individuals who are Canadian citizens, PR or legally present in Canada and request their own information.

Whereas, the processing of your request happened under the Immigration and Refugee Protection Act.

Both the processes are dealt with bu different divisions of IRCC and have no correlation.

You are asked to show your stamp on the passport because the ATIP division wanted to ascertain if you were legally in Canada and thus entitled to request your GCMS notes.

I see. What I meant by my response was that I am here legally as a visitor and can provide that information to IRCC should they need it, but it sounds like I don't have to prove anything according to your earlier response.

 

[aifarooq786]

Hi everyone just needed a little advice. My marital status at the time of my AOR was legally separated. Recently our divorce was finalized and I shared the certificate of the same with CIC via webform. Do i need to send them an additional letter of explanation as well or will the certificate suffice. Also does a change in status affect my case negatively as I never claimed any points for my wife and she was never listed as accompanying.

 

[tar86]

Notes seem to be from Case Processing Agent so it still has to go through final officer. So far so good though.
Also, I'm curious, were you able to copy + paste this text directly from your notes, or did you type all of this manually?

It's Copy & past + highlighted myself.

 

[mlcanada]

Hi All,
4200 invitations issued yesterday in EE draw - https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/express-entry/submit-profile/rounds-invitations.html
My concerns :
1. People are awaiting PR since November 2019 , does it make sense to top up the waiting list ? [I understand commercial side of it ]
2. There is no communication on expediting processing of delayed applications - when asked we get a generic response and reason being COVID-19.
3. If thousands of CoPRs are issued in bulk - there could be issues with already burdened job market , spike in property prices etc.

I understand that all outlanders are in same boat and we cannot do anything about it. But in my opinion , there are genuine risks related to jobs and inflation.

 

[GW007]

Hi All,
4200 invitations issued yesterday in EE draw - https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/express-entry/submit-profile/rounds-invitations.html
My concerns :
1. People are awaiting PR since November 2019 , does it make sense to top up the waiting list ? [I understand commercial side of it ]
2. There is no communication on expediting processing of delayed applications - when asked we get a generic response and reason being COVID-19.
3. If thousands of CoPRs are issued in bulk - there could be issues with already burdened job market , spike in property prices etc.

I understand that all outlanders are in same boat and we cannot do anything about it. But in my opinion , there are genuine risks related to jobs and inflation.

I don't think so... Recall that Canada works with yearly immigration target (for the various category). So they would not admit beyond the set target for a particular year.... They don't just dole out PRs for the sake of it, but based on yearly planning/ targets using job market needs and related factors as basis....

 

[NivedhithaCibi]

Hi Everyone sorry slightly off topic, I am an FWS Outland applicant. My PR is in progress but I landed in Canada last week through my WP. I am in a hotel. Can you please advise if i should raise a webform now or later to update my address to a Canadian one? Right now I just have this hotel address , should I give that or update my friends address ? Any inputs would be appreciated .

 

[Jbach]

I don't think so... Recall that Canada works with yearly immigration target (for the various category). So they would not admit beyond the set target for a particular year.... They don't just dole out PRs for the sake of it, but based on yearly planning/ targets using job market needs and related factors as basis....

I think his concern just like mine is the backlog of pending applications etc due to the pandemic combined with ITAs in its thousands. However to me higher ITA’s doesn’t equate people getting approved for PRs. We can have 100,000 ITAs in a year and just 30,000 getting approved . The question is when are they going to begin dishing out PRs to ease the bulk of applications officers or case analyst are processing??

 

[GW007]

I think his concern just like mine is the backlog of pending applications etc due to the pandemic combined with ITAs in its thousands. However to me higher ITA’s doesn’t equate people getting approved for PRs. We can have 100,000 ITAs in a year and just 30,000 getting approved . The question is when are they going to begin dishing out PRs to ease the bulk of applications officers or case analyst are processing??

Yeah... Surely, PRs for Outland applicants depends on control of the pandemic and lifting of travel restrictions. Also it is important to point out that majority of applications in process are being done up to approval/ RFV (ready for visa) stage. Hence, once it's time, IRCC only need to send out PPRs..... While new ITA and recent applications still have to go through the full process with duration of 6 months upward, with most of them currently missing some essential documents (medical, police report, biometric etc) due to the pandemic which will extend those processing times.... So I guess IRCC is looking ahead and does not want to create a vacuum in future.

 

[mlcanada]

I don't think so... Recall that Canada works with yearly immigration target (for the various category). So they would not admit beyond the set target for a particular year.... They don't just dole out PRs for the sake of it, but based on yearly planning/ targets using job market needs and related factors as basis....

That works in normal circumstances but not when there is a backlog of PR approvals since Nov 2019. Also on one hand we are told that application processing is slow due to limited staff availability and on the other hand more applications coming in for processing through EE.
I don't know about you but atleast I do not have any clarity on when my application would get approved - next month or next year ? . Their "planned" processing period of 6 months is void. The concern is not about "doling" out PR - it is about backlog processing , clear communication to applicants having PR applications stuck in pipeline and subsequent concerns related to job/resources availability.