March 2012 applicants, join here! : )

[computergeek]

sorry computergeek, I don't know if you have posted before your case(s)? if so please let us know where. Thanks

I applied under the FSW program in June 2009 (after procrastinating for three years about it!) I received permission from Sydney to proceed in September 2009 and my file was sent to Buffalo, with an AOR in late September 2009. In April 2010 they transferred my file to NYC. I received the usual medical, RPRF and FBI PCC request in July 2010. An issue was found in my medical in August 2010, I had an additional medical follow-up in October 2010. In March 2011 I received a "fairness letter" indicating that I was medically inadmissible to Canada. I'd done my homework and was prepared, switched attorneys and put together 40 page response including a comprehensive mitigation plan based largely upon prior legal decisions in this area. We submitted that in July 2011. In December 2011 I received a rejection that said "we considered your additional material but it did not change the opinion about your medical condition and therefore you are medically inadmissible". Merry Christmas - the letter was sent December 22nd. The reasons were suspect, since the point hadn't been to challenge the medical opinion but rather to provide a comprehensive plan to provide coverage (the arguments were all about drug costs, but through my private insurance, employer group insurance and an employer health savings plan we had coverage for $68k in drugs, including demonstration that the drugs they were worried about were covered.) They just said that because BC provided drug coverage I was inadmissible.

We filed a legal challenge in January 2012.

In parallel, I met and married my spouse. In fact, I met my spouse before I even filed for PR, let alone before I found out about the medical issue - a point I think helped in the end. I'd sent the paperwork about being married to NYC - twice - but they claim they never received it. This is one reason I routinely counsel people to send it via a courier and get a delivery receipt. I've never had them lose anything sent that way. We were married in May 2011.

I'm a bit stubborn here and really wanted to gain PR on my own. I never want my spouse to think I married for immigration purposes - in fact it's really the opposite. I'd have just gone back to the US, because I bring my own work with me wherever I go as I'm a world-class expert in my own little niche field. Odds are you've probably used products that are based upon work that I've done in some form or fashion. But after discussion with several people in my life - including my spouse - I decided to file a sponsored spousal application. That arrived in Mississauga on 6 March 2012.

The legal challenge went through it's paces into April with each side filing their documents with the Court. This is known as the "leave" stage - cases are not automatically heard by the Court as you have to convince a judge there are real issues in your case. Only about 20% of cases are granted leave.

June 21, 2012 my spouse was approved as sponsor - one of the last sponsors to be approved from the March group in fact. I had some concerns that CIC would question our relationship - there's a significant age difference, income difference AND my prior rejection. I was fully prepared to be called for an interview and expected the process to go long - 18 to 24 months.

In July, 2012 leave was granted by the Court. There's a second round of documents that get filed including the "certified tribunal record" which is a copy of the CAIPS notes, but they left out part of what they should have filed. We filed our own arguments, narrowing them to the procedural issues - which, to be honest, were all the Court would ever consider because they were enough to make a decision. My reading between the lines was that CIC's attorney (who has been arguing medical inadmissibility cases for 14+ years) knew they had screwed up and were going to lose - her only arguments were that the Court shouldn't hear my case because I could apply in the sponsored spousal class, which is a very weak argument.

Because the CIC decision was to declare me medically inadmissible, I was concerned about the possibility of being turned away at the border - I travel quite a lot for work, mostly to the US but home has been Vancouver for a number of years at this point. Indeed, my spouse is here, my business is here, my employees are here. So I put together an application for a "Temporary Resident Permit" (TRP) and submitted it to Seattle in February 2012. I've been checking my GCMS notes on that application every 30 days since I received the AOR for it. I kept sending them supplemental materials - the JR application materials, the sponsored spousal application, then the sponsor approval letter, etc.

In the past two weeks everything has converged. Seattle started to process my TRP application (seven months after it was filed), and the VO handling that told me that she spoke with the officer in Ottawa who had just finished our application. She said that he had determined we had a genuine relationship and was sending everything on to LA. She said she would hold off on issuing the TRP because I would be hearing from LA "within two weeks". I cannot blame her, because I know from reading the manuals that a medical TRP is a LOT of work to issue. CIC only issues just under 200 per year worldwide. But she said that if I hadn't heard something in a few weeks they "would make sure I had something so I wouldn't run into a problem at the border."

I discussed the current situation with my attorney this week and he offered to contact the attorney at Justice Canada representing CIC to see if they could work something out. This went back and forth and led to her checking with LA. This afternoon we received the PPR via e-mail. Based upon the discussions with my attorney and CIC's attorney, I had agreed to discontinue the JR application.

While I don't know for sure, I think that this losing case has been a strong incentive for CIC to complete the spousal application. The last filings for the government are due THIS Friday, and I suspect she wanted to be in a position to say "this case is moot because the applicant's passport has been requested and CIC is prepared to issue a COPR to him." This also matches up perfectly with the information from the VO in Seattle.

So, 3 years, 3 months to the day after I submitted my first application, I received a positive notification for my second application. It's hardly the normal path through immigration, but I'm glad because it means I get to stay in Canada with my spouse (because in our case, immigration to the US is not an option that is open to us.)

LOL. Aren't you sorry you asked?

I'm sending my passport out to LA tomorrow. I'm hoping that I can get it and me put back together by the end of October so when I return from the US at the end of October I can complete the landing process. Fortunately, I still have my second (legal) US passport so I won't have a problem flying to the US next month, even if I don't have my passport back from LA in the interim.

 

[Dr Eng X]

I applied under the FSW program in June 2009 (after procrastinating for three years about it!) I received permission from Sydney to proceed in September 2009 and my file was sent to Buffalo, with an AOR in late September 2009. In April 2010 they transferred my file to NYC. I received the usual medical, RPRF and FBI PCC request in July 2010. An issue was found in my medical in August 2010, I had an additional medical follow-up in October 2010. In March 2011 I received a "fairness letter" indicating that I was medically inadmissible to Canada. I'd done my homework and was prepared, switched attorneys and put together 40 page response including a comprehensive mitigation plan based largely upon prior legal decisions in this area. We submitted that in July 2011. In December 2011 I received a rejection that said "we considered your additional material but it did not change the opinion about your medical condition and therefore you are medically inadmissible". Merry Christmas - the letter was sent December 22nd. The reasons were suspect, since the point hadn't been to challenge the medical opinion but rather to provide a comprehensive plan to provide coverage (the arguments were all about drug costs, but through my private insurance, employer group insurance and an employer health savings plan we had coverage for $68k in drugs, including demonstration that the drugs they were worried about were covered.) They just said that because BC provided drug coverage I was inadmissible.

We filed a legal challenge in January 2012.

In parallel, I met and married my spouse. In fact, I met my spouse before I even filed for PR, let alone before I found out about the medical issue - a point I think helped in the end. I'd sent the paperwork about being married to NYC - twice - but they claim they never received it. This is one reason I routinely counsel people to send it via a courier and get a delivery receipt. I've never had them lose anything sent that way. We were married in May 2011.

I'm a bit stubborn here and really wanted to gain PR on my own. I never want my spouse to think I married for immigration purposes - in fact it's really the opposite. I'd have just gone back to the US, because I bring my own work with me wherever I go as I'm a world-class expert in my own little niche field. Odds are you've probably used products that are based upon work that I've done in some form or fashion. But after discussion with several people in my life - including my spouse - I decided to file a sponsored spousal application. That arrived in Mississauga on 6 March 2012.

The legal challenge went through it's paces into April with each side filing their documents with the Court. This is known as the "leave" stage - cases are not automatically heard by the Court as you have to convince a judge there are real issues in your case. Only about 20% of cases are granted leave.

June 21, 2012 my spouse was approved as sponsor - one of the last sponsors to be approved from the March group in fact. I had some concerns that CIC would question our relationship - there's a significant age difference, income difference AND my prior rejection. I was fully prepared to be called for an interview and expected the process to go long - 18 to 24 months.

In July, 2012 leave was granted by the Court. There's a second round of documents that get filed including the "certified tribunal record" which is a copy of the CAIPS notes, but they left out part of what they should have filed. We filed our own arguments, narrowing them to the procedural issues - which, to be honest, were all the Court would ever consider because they were enough to make a decision. My reading between the lines was that CIC's attorney (who has been arguing medical inadmissibility cases for 14+ years) knew they had screwed up and were going to lose - her only arguments were that the Court shouldn't hear my case because I could apply in the sponsored spousal class, which is a very weak argument.

Because the CIC decision was to declare me medically inadmissible, I was concerned about the possibility of being turned away at the border - I travel quite a lot for work, mostly to the US but home has been Vancouver for a number of years at this point. Indeed, my spouse is here, my business is here, my employees are here. So I put together an application for a "Temporary Resident Permit" (TRP) and submitted it to Seattle in February 2012. I've been checking my GCMS notes on that application every 30 days since I received the AOR for it. I kept sending them supplemental materials - the JR application materials, the sponsored spousal application, then the sponsor approval letter, etc.

In the past two weeks everything has converged. Seattle started to process my TRP application (seven months after it was filed), and the VO handling that told me that she spoke with the officer in Ottawa who had just finished our application. She said that he had determined we had a genuine relationship and was sending everything on to LA. She said she would hold off on issuing the TRP because I would be hearing from LA "within two weeks". I cannot blame her, because I know from reading the manuals that a medical TRP is a LOT of work to issue. CIC only issues just under 200 per year worldwide. But she said that if I hadn't heard something in a few weeks they "would make sure I had something so I wouldn't run into a problem at the border."

I discussed the current situation with my attorney this week and he offered to contact the attorney at Justice Canada representing CIC to see if they could work something out. This went back and forth and led to her checking with LA. This afternoon we received the PPR via e-mail. Based upon the discussions with my attorney and CIC's attorney, I had agreed to discontinue the JR application.

While I don't know for sure, I think that this losing case has been a strong incentive for CIC to complete the spousal application. The last filings for the government are due THIS Friday, and I suspect she wanted to be in a position to say "this case is moot because the applicant's passport has been requested and CIC is prepared to issue a COPR to him." This also matches up perfectly with the information from the VO in Seattle.

So, 3 years, 3 months to the day after I submitted my first application, I received a positive notification for my second application. It's hardly the normal path through immigration, but I'm glad because it means I get to stay in Canada with my spouse (because in our case, immigration to the US is not an option that is open to us.)

LOL. Aren't you sorry you asked?

I'm sending my passport out to LA tomorrow. I'm hoping that I can get it and me put back together by the end of October so when I return from the US at the end of October I can complete the landing process. Fortunately, I still have my second (legal) US passport so I won't have a problem flying to the US next month, even if I don't have my passport back from LA in the interim.

No, I am not sorry to have asked. Just becareful of discontinuing the JR before making sure everything is OK. I am happy for you for getting what you wanted after all these battles

 

[BCgirl2012]

Wow, computergeek, such a story! Congrats on your approval! I wish you and your partner a happy and healthy life!

 

[backcountry]

Computergeek, I sure hope your long ordeal is over very, very soon! What a long haul for you!

 

[parker24]

What a long story! So glad you shared!! I look forward to the landing story too

And do let us know if you end up personally going to LA, I'm curious as to what the building is like (Granted, in my mind it's like Hogwarts from Harry Potter...)

 

[computergeek]

And do let us know if you end up personally going to LA, I'm curious as to what the building is like (Granted, in my mind it's like Hogwarts from Harry Potter...)

Sadly, the letter says this has to be done by mail. And they mean US Postal mail. They will only ship IN THE US using a pre-paid express mail envelope that I provide. To mail it to Canada, they will only ship it via normal "first class" mail, which in my experience takes from 3-14 days. So I'm going to have them ship it to my company's offices in the US (express mail) and then have them ship it to me (fedex) either here in Canada (if I haven't left yet) or in the US (where I'm going to be working in late October). I don't really know how long it will take for them to complete the processing - I'm including a copy of my travel itinerary for October and I hope that encourages them to move it along, even though I have other options.

But I am looking forward to the end of this phase of the journey. Thanks everyone for your kind wishes.

 

[parker24]

Sadly, the letter says this has to be done by mail. And they mean US Postal mail. They will only ship IN THE US using a pre-paid express mail envelope that I provide. To mail it to Canada, they will only ship it via normal "first class" mail, which in my experience takes from 3-14 days. So I'm going to have them ship it to my company's offices in the US (express mail) and then have them ship it to me (fedex) either here in Canada (if I haven't left yet) or in the US (where I'm going to be working in late October). I don't really know how long it will take for them to complete the processing - I'm including a copy of my travel itinerary for October and I hope that encourages them to move it along, even though I have other options.

But I am looking forward to the end of this phase of the journey. Thanks everyone for your kind wishes.

So will they mail it back to Canada at all? Hm. I used to have a postal box in Ogdensburg NY when hubby wanted his xbox and such mailed up (and didn't want to pay the duty of 2k!!). Maybe I better open that back up.

 

[blondie1216]

Congrats computergeek.. I love your determination and it also helps to be prepared.. Thankfully this immigration process is soon over!

 

[computergeek]

So will they mail it back to Canada at all? Hm. I used to have a postal box in Ogdensburg NY when hubby wanted his xbox and such mailed up (and didn't want to pay the duty of 2k!!). Maybe I better open that back up.

Here is the entire letter, minus the graphics, file number and my name:

Dear Applicant,

We are pleased to inform you that the processing of your application for permanent residence in Canada has been completed.

You are required to submit your passport(s) and photographs by MAIL within the next sixty (60) days from the date of this letter. As the validity of your visa(s) has been already established and is limited to a fixed date, it CANNOT be extended under any circumstances. We therefore urge you to read and follow carefully the instructions below without delay:

PLEASE NOTE: Failure to provide the required travel document(s) within 60 days from the date of this letter will lead us to conclude that you are no longer interested in immigrating to Canada and your application will be refused based the information that is available in your file. Once the application is refused, you would be able to reapply, but you would be required to submit a new application and pay a new processing fee. The new application would be assessed according to the Canadian Immigration legislations in force at the time that the new application was filed.

Passport

requirements


We require an original VALID passport for yourself and every accompanying family member.

Passports for all accompanying family members must be submitted together.
There must be at least one blank page in your passport(s). If there are children included in your passport, there must be blank pages for their visas as well.
The immigrant visa that is to be placed in your passport will show an expiry date. You may enter Canada anytime before the expiry date shown on the visa. Please note this date cannot be extended. If you fail to enter Canada before this date, you will be required to reapply and submit a new application and processing fee.
Please note: Immigrant visas cannot be placed in Diplomatic, Official or Military passports.



Photographs


We require the following.

Two (2) recent photographs of yourself and each accompanying family member. For instructions, see Photograph Specifications at the end of this letter.
Please complete the height and eye colour chart found at the end of this letter.








Return of your passport(s)


Our mailing address: 550 South Hope Street, 9th Floor, Los Angeles, CA 90071

Using US Postal Service:

Please purchase two prepaid, 9" x 12" USPS Express Mail or USPS Priority Mail with Delivery Confirmation envelopes.
Enclose one envelope in the other envelope. Add the passport(s) and documents you wish to send to us. This second envelope will be used to return your passport(s) and any original documents.
Complete the mailing label on the return envelope showing your full mailing address in the "Deliver To" field and the address of the Consulate General of Canada in the “Return Address” field.
Make a note of the tracking number for each envelope.
Enter a daytime telephone number on the mailing label above the recipient address.
If you chose to not provide us with such a return envelope, we will mail your passport(s) and documents via regular mail (US Postal Service First Class Mail).
Please note that the visa office in Los Angeles will not return your documents using any courier services.



If your mailing address is in Canada:

Persons currently residing in Canada with applications in our office must not submit a return mail envelope.
We are only able to return passport(s) and documents to Canadian addresses by regular mail (US Postal Service First Class Mail).
Please note that the visa office in Los Angeles will not return your documents using any courier services.



*** IMPORTANT ***



Change of marital status or family composition


DO NOT send your passport(s) at this time if your marital status or family composition changed, or your Canadian sponsor withdrawn the Family Class sponsorship application. Instead, you should immediately send to this office the following documents according to your circumstances:

a copy of the marriage, divorce, birth or adoption certificate; or
a letter advising when and where the marriage, divorce, birth or adoption is expected to take place; or
a letter from your Canadian sponsor confirming his/her intention on withdrawal of the FC sponsorship application.



NOTE: If you are expecting a child and are able to land in Canada before the child is born, you should do so. Failure to land before additional dependants are born will result in the need for a new application and new fees for all family members.





Citizenship and Immigration Canada


























Photograph Specifications





The two photos must:

have a 35 mm x 45 mm (1 3/8 x 1 3/4″) finished size;
measure between 25 mm and 30 mm (1” and 1 1/5”) from chin to crown (top of head);
have been taken within the last 12 months to ensure an up-to-date likeness;
have the date the photo was taken written directly on the back of one of the photo;
be clear and well defined;
be taken against a plain light background without shadows; and
present a front view of the person’s head, showing the full face in the middle of the photo





Note that photos may be either black and white or colour. Religious head coverings may be worn, as long as the full facial features are visible. Non-tinted or tinted prescription glasses may be worn as long as the eyes are clearly visible and not hidden by glare on the lens. Sunglasses are not acceptable. The face must be square to the camera with a neutral expression and with the mouth closed.

































Height and Eye Colour Chart



Please list height and eye colour for yourself and all accompanying family members below.



Eye colour choices: Blue, Green, Gray, Black, Brown, Hazel or Other.





Principal Applicant



Name: ___________________________________­­­­­_____________ Date of Birth: __________________





HEIGHT: ___________CM or ________ FEET ________INCHES EYE COLOUR: ________________





Spouse/ Common-Law Partner



Name:_________________________________________________ Date of Birth:__________________





HEIGHT: ___________CM or ________ FEET ________INCHES EYE COLOUR: ________________





Dependent



Name:_________________________________________________ Date of Birth:__________________





HEIGHT: ___________CM or ________ FEET ________INCHES EYE COLOUR: ________________





Dependent



Name:_________________________________________________ Date of Birth:__________________





HEIGHT: ___________CM or ________ FEET ________INCHES EYE COLOUR: ________________





Dependent



Name:_________________________________________________ Date of Birth:__________________





HEIGHT: ___________CM or ________ FEET ________INCHES EYE COLOUR: _________________





Dependent



Name:_________________________________________________ Date of Birth:__________________





HEIGHT: ___________CM or ________ FEET ________INCHES EYE COLOUR: _________________



















Immigration Section / Département d'immigration

550 S. Hope Street, 9th Floor, Los Angeles, CA 90071 • FAX: (213) 625-7154

Email: los-angeles-im-enquiry@international.gc.ca • Website: www.losangeles.gc.ca

 

[Dr Eng X]

Here is the entire letter, minus the graphics, file number and my name:

congratulations congratulations congratulations congratulations

 

[cdn1]

Congratulations @ computergeek.
Remember to try your best to continue to help people on the forums with different immigration issues.

Hello Marchies,

any progress on march 2012 files at various visa offices?
anyone else moved to "in process" yet?

 

[backcountry]

Hearty Congrats, Computergeek!! What a load that must be off your shoulders!!

I noticed your letter said, "If you are expecting a child and are able to land in Canada before the child is born, you should do so. Failure to land before additional dependants are born will result in the need for a new application and new fees for all family members."

My understanding is that if the child is born on Canadian soil, even prior to landing, the child is automatically a Canadian citizen and would not need to be sponsored. I assume the above implies that a child born outside of Canada would have to be sponsored, but a child born inside Canada would not. Am I mistaken?

 

[computergeek]

Hearty Congrats, Computergeek!! What a load that must be off your shoulders!!

Thanks. Yes, although I will feel better once my passport is back (it went out today as planned).

I noticed your letter said, "If you are expecting a child and are able to land in Canada before the child is born, you should do so. Failure to land before additional dependants are born will result in the need for a new application and new fees for all family members."

My understanding is that if the child is born on Canadian soil, even prior to landing, the child is automatically a Canadian citizen and would not need to be sponsored. I assume the above implies that a child born outside of Canada would have to be sponsored, but a child born inside Canada would not. Am I mistaken?

This is a generic letter, so it applies to all visa classes and all situations. If the child is born inside Canada, yes, she or he is Canadian as a general rule (there are a few narrow exceptions to this rule). If the child is born outside Canada, she or he may or may not be a Canadian, depending upon the citizenship of the parents.

 

[backcountry]

Thanks, Computergeek, that's what I thought.

Do you, or does anyone else, know how long it takes to get a VR extension? Sent ours in about a month ago, haven't heard a peep.

 

[santoki]

Congratulations @ computergeek.
Remember to try your best to continue to help people on the forums with different immigration issues.

Hello Marchies,

any progress on march 2012 files at various visa offices?
anyone else moved to "in process" yet?

Been "in process" since August 21st....