OLD IN PROCESS VS NEW IN PROCESS ON ECAS EXPLAINED

[Eagle333]

Hi Eagle333, Firstly, thank you for everything you're doing to help people on here, you're a star! ;D

I was reading your post about routine and non-routine cases..

I'm dreading delays on our application because my husband is also sponsoring my kids from a previous relationship.

I've been separated from my ex for over 6 years.

I've included:-
-the custody agreement
-declaration from the non-accompanying parent for each of my kids (witnessed by a Notary Public).
I also got my ex to provide a copy of photographic ID and I asked the Lawyer to sign it to say it was a true likeness of him and I included copies of emails between myself and the lawyer from when I requested the appointment.

I hope the fact that I've got kids from a previous relationship doesn't slow down our process. Would you consider our case to be non-routine? We've been together 6 years, we're married and everything else is straightforward in our application ( no criminal background or health issues).

Thank you in advance

Beaverdiva,

I have two questions before I come back with a comment. Did you married your ex or were you in common law relationship? if it was marriage did you divorce?

 

[CharisseyB]

Yes you are part of the old processing however being part of the old or new is not the point. The question isn't whether you are part of the old or new but is your case a routine or non-routine? You have to screen your application by ordering GCMS. Trust me there are people in the new IN PROCESS will receive visas before some of the old IN PROCESS applicants. You know why? it will be a matter of Routine VS non-routine cases.

Thanks very much for your fast reply! Really appreciate it! I’ve requested notes already...but on your original post it says that basically i am good to go as a sponsor and my husband has passed security checks already? right? i am confused now cause you were talking with someone and they gave their time line almost identical to mine and now you’re saying something different?

 

[Eagle333]

Thanks very much for your fast reply! Really appreciate it! I’ve requested notes already...but on your original post it says that basically i am good to go as a sponsor and my husband has passed security checks already? right? i am confused now cause you were talking with someone and they gave their time line almost identical to mine and now you’re saying something different?

I know I said that but it should also be faire to let the whole truth out in order to help people. I'd like to have the truth 100% than 99,9% which is very far from the truth. At least you know what is coming ahead of you.

 

[Beaverdiva]

Beaverdiva,

I have two questions before I come back with a comment. Did you married your ex or were you in common law relationship? if it was marriage did you divorce?

It was a common-law relationship that ended nearly 7 years ago.

 

[chilkootcee]

Hi Eagle3333,

Just one clarification question for non-routine. You mentioned Applicant excluded from Canada. I assume that TRV refusals fall into this category?

Thanks!

Cindy

 

[Eagle333]

Hi Eagle333, Firstly, thank you for everything you're doing to help people on here, you're a star! ;D

I was reading your post about routine and non-routine cases..

I'm dreading delays on our application because my husband is also sponsoring my kids from a previous relationship.

I've been separated from my ex for over 6 years.

I've included:-
-the custody agreement
-declaration from the non-accompanying parent for each of my kids (witnessed by a Notary Public).
I also got my ex to provide a copy of photographic ID and I asked the Lawyer to sign it to say it was a true likeness of him and I included copies of emails between myself and the lawyer from when I requested the appointment.

I hope the fact that I've got kids from a previous relationship doesn't slow down our process. Would you consider our case to be non-routine? We've been together 6 years, we're married and everything else is straightforward in our application ( no criminal background or health issues).

Thank you in advance

Beaverdiva

I happy to comment on your question and I believe you will find more information and helpful.

In an effort to aid analysis and identification of non-routine cases, the Work In Progress (WIP) event structure in GCMS should be used by visa offices to flag non-routine cases. Visa offices may enter the following WIP events to identify a file that is non-routine and therefore might be processed outside of the six-month service standard. The WIP events are:

1. Background check delay
2. Medical delay
3. Criminality delay
4. Other delay

As you know Canada would like to verify the custody document if they were obtain genuinely from the court, they would make sure indeed you are not trying to take the kids without their dad's approval. It is a good thing you provided those document to CIC however it does not stop them from digging a little be more about your past relationship, why did it end? what are the motives behind your separation? all those things will make your file take a bit more time than usual. It is also faire to say that once they are satisfied with your documents that you provided your file will be back on the fast tract to completion.

Another investigation CIC would do is to find out if at the time your current husband was getting PR in Canada if he was actually married to you or not, They will investigate about the kids to see if they are his or not, because at the time a person is getting PR if he/she did not declare their wives or kids they will never sponsor them in the future. So some people pretend that they just found a wife/husband who has kids and start a sponsorship
right there. CIC knows those things that is why they pay so much attention to details to see if they can blow up the cover of lies. If everything is genuine you will be fine.

5.38. What happens if the common-law partner (principal applicant) is married to another person?
Persons who are married to third parties may be considered common-law partners provided their marriage has broken down and they have lived separate and apart from the spouse for long enough to establish a common-law relationship – at least one year. In this case they must have cohabited in a conjugal relationship with the common-law partner for at least one year. Cohabitation with a common-law partner cannot be considered to have started until a physical separation from the spouse has occurred. A common-law relationship cannot be legally established if one or both parties continue their marital relationships. Officers must be satisfied that a principal applicant is separated from and no longer cohabits with a legal spouse. This evidence may be in the form of a signed formal declaration that the marriage has ended and that the person has entered into a common-law relationship. An officer may require that the person produce other written evidence of a formal separation or of a breakdown of the marriage. Acceptable documents include a separation agreement, a court order in respect of custody of children identifying the fact of the marriage breakdown, documents removing the legally married spouse(s) from insurance policies or will as beneficiaries (a “change of beneficiary” form).In the above circumstances, the legal spouse of the principal applicant need not be examined and will not be considered a member of the family class if the applicant later attempts to sponsor this spouse. [See R117(9)(d)]. Notes in GCMS should indicate that the applicant was aware of the consequences of non-examination.

5.39. What happens if the sponsor’s common-law or conjugal partner relationship breaks down and the sponsor wants to sponsor a previously separated spouse?R117(9)(d) states that a foreign national is not a member of the family class if they were a non- accompanying family member of a sponsor and were not examined. Thus, a previously separated spouse who was a non-accompanying family member and not disclosed and examined cannot be sponsored by the spouse in Canada, even if the spouse’s common-law or conjugal partner relationship has ended. Humanitarian and compassionate consideration may be given, provided the relationship is bona fide and there is evidence that a conjugal relationship has been re-established for a period of at least
one-year. In such a case, a marriage certificate is not taken as prima facie proof of a relationship because the marriage had broken down and a common-law relationship had been established. CIC excludes from the family class family members who were never identified as such when the sponsor applied for permanent residence as a refugee or any other class. The purpose is to protect the integrity of the family class and prevent people who
misrepresent their family composition from benefiting from the misrepresentation through subsequent sponsorship in the family class [R117(9)(d)].There can be no new sponsorship if there is an existing sponsorship undertaking in respect of a spouse, common-law partner or conjugal partner and the three-year period of that sponsorship has not ended [R117(9)(b)].

Best Regards

 

[Beaverdiva]

Thanks for your time in replying to my query.

Just to clarify;

- I explained the reason for the breakdown of my former common-law relationship (domestic abuse) to CIC.

- My husband became a PR back in 2007 and our relationship started in 2009, we married in April 2015.

- I have a written and signed residency agreement between myself and the father in relation to our children dated 2010 which states that he is under no obligation to have any form of contact, it is entirely up to him if he wishes to maintain a relationship with the children. It states that they will reside with me on a permanent, full-time basis.

- My ex has been great about signing the non- accompanying parent forms and he has given his blessing for the children to move to Canada.

- My husband's first marriage broke down in 2009 and he was separated for 5 years, before getting divorced in 2014.

I think I've provided CIC with a lot of historical relationship, background information and documentation in support of our application, so hopefully we won't encounter too many delays or difficulties.

Thanks again for your response

 

[Eagle333]

Hi Eagle3333,

Just one clarification question for non-routine. You mentioned Applicant excluded from Canada. I assume that TRV refusals fall into this category?

Thanks!

Cindy

Hello chilkootcee,

There are several reasons why individuals may be refused entry to Canada, and/or issued exclusion orders. An exclusion order is a prohibition from entering Canada, for varying periods of time, that is issued for violating Canada's Immigration and Refugee Protection Act.

After you got your TRV refusal letter did you also get a prohibition letter explaining that you are excluded from entering Canada for a certain period of time? You can still order your old GCMS file just to be sure and the law requires that these notes be detailed enough to explain the reason for the refusal or the denial. If you made an application at a visa office outside of Canada,

If you have been excluded from Canada, the only way to return is by waiting the period indicated on your exclusion or deportation order, or by submitting an application for Authorization to Return to Canada. If you were excluded from Canada for criminality reasons, those reasons must also be addressed before applying for Authorization to Return.

To sum up, I don't think that you are excluded from applying PR if you had TRV refusal however it is fair to declare that and give them the reason you were refused so that they don't think you are hiding something from them. Although they will find your cross file in GCMS they will compare what you wrote in the forms and you will be out of trouble.

 

[Eagle333]

Thanks for your time in replying to my query.

Just to clarify;

- I explained the reason for the breakdown of my former common-law relationship (domestic abuse) to CIC.

- My husband became a PR back in 2007 and our relationship started in 2009, we married in April 2015.

- I have a written and signed residency agreement between myself and the father in relation to our children dated 2010 which states that he is under no obligation to have any form of contact, it is entirely up to him if he wishes to maintain a relationship with the children. It states that they will reside with me on a permanent, full-time basis.

- My ex has been great about signing the non- accompanying parent forms and he has given his blessing for the children to move to Canada.

- My husband's first marriage broke down in 2009 and he was separated for 5 years, before getting divorced in 2014.

I think I've provided CIC with a lot of historical relationship, background information and documentation in support of our application, so hopefully we won't encounter too many delays or difficulties.

Thanks again for your response

You should be fine since you informed CIC about everything. I was trying to pass on that message to other people who will need that information because there will be a time I will not be here to respond to some questions. Since I have a little bit of time on my hand I'd like to put some guiding information for future applicants who will visit this thread when I will not be here to answer to their questions.

 

[lonelyguy]

Good morning Eaggle. I have 2 questions for you.

1.Is it true that All eaggles are black?
2.Very ImportaNT: iS PPR sent to applicant address/email or to the sponsor's one?I know that they like send emails.but me when they sent me SA, it was a letter by post.infact was complicatted, since I didn't get the letter and had to contact them many times until they sent a coppy 3 months after.now my question is would PPR be sent as a letter to or as email.to me(the sponsor) or to my lovely wife(applicant). also I recently received a mailypick up notification on my old address, when I went to the post it was already sent back,1 day before since it was more than 15 days. do you think that could be PPR?my file has been in process since August 06th.Thank you too much for your time to answer my Q.

 

[chilkootcee]

Hello chilkootcee,

There are several reasons why individuals may be refused entry to Canada, and/or issued exclusion orders. An exclusion order is a prohibition from entering Canada, for varying periods of time, that is issued for violating Canada's Immigration and Refugee Protection Act.

After you got your TRV refusal letter did you also get a prohibition letter explaining that you are excluded from entering Canada for a certain period of time? You can still order your old GCMS file just to be sure and the law requires that these notes be detailed enough to explain the reason for the refusal or the denial. If you made an application at a visa office outside of Canada,

If you have been excluded from Canada, the only way to return is by waiting the period indicated on your exclusion or deportation order, or by submitting an application for Authorization to Return to Canada. If you were excluded from Canada for criminality reasons, those reasons must also be addressed before applying for Authorization to Return.

To sum up, I don't think that you are excluded from applying PR if you had TRV refusal however it is fair to declare that and give them the reason you were refused so that they don't think you are hiding something from them. Although they will find your cross file in GCMS they will compare what you wrote in the forms and you will be out of trouble.

No prohibition given. My husband is Syrian so they were pretty up front. He didn't overstay anything cause he's not been there yet. They said they couldn't grant TRV because of his relationship with me (i.e. they assumed dual intent), that he couldn't get citizenship or PR in the country of his current residency (UAE) and because of the war in Syria. So I'm not too concerned. Plus we included the TRV refusal letters in our application. (although we did have to send an update and based on the GCMS notes I received, I don't know if they actually got the first 4 case specific enquiries we sent because they only acknowledged the fifth one.

Thank you so much for taking the time to reply.

C.

 

[Eagle333]

hi Eagle999,
Can you tell me if my timeline is going well. I received the AOR from the visa office stating that they received our application and started processing it. I received CSQ also but I don't know if it was received by CIC or the visa office. I sent it to them via case enquiry but they never answered. Will I benefit from ordering Notes at this point in time? If not, when would be a good time to do so? Thank you.

Sponsor

1. We received your application on September 10, 2015.
3. We started processing your application on September 17, 2015.


Permanent Residence

1. We received your application for permanent residence on September 10, 2015.
2. We sent you correspondence acknowledging receipt of your application(s) on October 19, 2015.
3. We started processing your application on September 24, 2015.
4. Medical results have been received.

Hello Sara94,

If my memory is still fresh I might have told you to wait a little bit because it was too soon to order your GCMS now. You can still order if you wish to do so. Another thing CIC does not do is acknowledge receipt of documents however you can see that in your GCMS that they did receive your CSQ or not. I can tell, you want everything to go fast; just relax a bit you still have 4 to 6 months before things become really close to an end. Good luck

 

[ahmedwaqas]

hello eagle h r u dear i want to know how thay cheek background and what cic cheek in background i am working in uae from 4 years i send both countries police/c pakistan and uae i am working in a security company so from where thay cheek background pakistan or uae please tell me thanks.

 

[Eagle333]

Good morning Eaggle. I have 2 questions for you.

1.Is it true that All eaggles are black?
2.Very ImportaNT: iS PPR sent to applicant address/email or to the sponsor's one?I know that they like send emails.but me when they sent me SA, it was a letter by post.infact was complicatted, since I didn't get the letter and had to contact them many times until they sent a coppy 3 months after.now my question is would PPR be sent as a letter to or as email.to me(the sponsor) or to my lovely wife(applicant). also I recently received a mailypick up notification on my old address, when I went to the post it was already sent back,1 day before since it was more than 15 days. do you think that could be PPR?my file has been in process since August 06th.Thank you too much for your time to answer my Q.

Good afternoon Lonelyguy,

1. Eagles come in different colors.

2. PPR is sent to the applicant's physical address not sponsor however they will cc you. That mail pick up could have been your letter that CIC Nairobi cc you. who knows what it was? could have been shoes you ordered online from the USA. It could have been anything until you see the envelop then you will know. Do your best to track that mail.

 

[Eagle333]

No prohibition given. My husband is Syrian so they were pretty up front. He didn't overstay anything cause he's not been there yet. They said they couldn't grant TRV because of his relationship with me (i.e. they assumed dual intent), that he couldn't get citizenship or PR in the country of his current residency (UAE) and because of the war in Syria. So I'm not too concerned. Plus we included the TRV refusal letters in our application. (although we did have to send an update and based on the GCMS notes I received, I don't know if they actually got the first 4 case specific enquiries we sent because they only acknowledged the fifth one.

Thank you so much for taking the time to reply.

C.

It is a good thing that you included that refusal letter. they got all your enquiries you did, next time you order your GCMS you will see them but they chose to ignore them.