Thank you Asivad Anac

[Asivad Anac]

Yup I answered "Yes" in both EE and e-APR but I did pick "No" when asked if a positive LMIA was obtained.

I don't have CRS points for a job offer that led to eAPR.

So changing it to "NO" in the eAPR should be okay?
I dont have to decline the ITA and change it in a new EE apppication ?

Answer 'No' to that first question reg having a valid job - that'll take care of this.

 

[Asivad Anac]

Discrepancy in GCMS (PoF Exemption) - FSWO with LMIA - Officers opinion differs on Proof of Fund Issue.

AFAIK LMIA (Out land) is fund exempt but some of information on CIC is vague or ambiguous. For example, http://www.cic.gc.ca/english/resources/tools/perm/express/refuse.asp

Settlement funds
Settlement funds are not included in the CRS. They do, however, relate to the program requirements of FSWC and FSTC and may, by extension, be included in the MEC for Express Entry.

Candidates applying under the FSWC or the FSTC are required to meet the settlement funds requirement, unless they are currently authorized to work in Canada and have a qualifying offer of arranged employment from an employer in Canada.


They used word AND - that means have to fulfill both conditions mentioned above. Because, as of now, we are not authorized to work in Canada based on positive LMIA (for FSW Out land) until we get our PR status. If it were OR - than it would be crystal clear that having arranged employment wont required PoF.

Actually my friend who is FSW (O) with LMIA has received GCMS with following notes.
PAGE 9
FUNDS
Number of Family Members: 2
Minimum Funds: Not Met
MST Funds Exempt: N
FSW Fund Exempt: N

LAST PAGE:
His R10 - OK, A11.2 - MET, 75(2) FSW Minimum Requirements - Appears Met, 76(1)(a) - Selection Criteria - FSW POINTS - Appears Met
NOTE: Failed Candidate - note that proof of funds appears not met (Job offer provided) - At CIO 15 July 2016 - updated by GM01154


{Whereas my GCMS has cleared R10, A11.2, 75(2) & 76(1)(a) - Passed Candidate and no notes about PoF.
Page 9 of my GCMS -
FUNDS
Number of Famlily Members: 2
Minimum Funds: Met
MST Funds Exempt: N
FSW Funds Exempt: N - Both Notes indicates FSW Funds Exempt: N - That is the reason I raised the query, however, my funds seems MET though I have not provided Proof of Fund. } {This is excerpt of my notes}

My friends notes updated on 19 July while transferring to NDVO -
PAGE 73:
APPLICATION:5
Field Name: Eligibility
Action: Updated
Old Value: Met
New Value: Not Started
Updated Date: 2016/07/19
Updated By: AW01174
Office: Centralized Intake Office

APPLICATION: 7
Field Name: Eligibility
Action: Updated
Old Valud: Review Required
New Value: Met
Updated Date: 2016/07/15
Updated By: GM01154
Office: Centralized Intake Office

So I can assume that his eligibility is cleared by same officer i.e. GM01154 and sent for review to NDVO.

What is your opinion whether he will face any problem due to Proof of Fund or It is not required as his eligibility is MET at CIO level.

Awaits your opinion.

Dual intent LMIA?

 

[canadianrrk]

Great to have u on the forum sir.

 

[salkhan]

Answer 'No' to that first question reg having a valid job - that'll take care of this.

Ok sounds good, thanks for your help +1 (Y)

 

[canadaiamcoming]

Dual intent LMIA?

No, it’s not dual intent LMIA.

Actually, my friend and I applied under FSW with LMIA (for PR under EE) from India (We never been to Canada). We both received notes but we found discrepancy in officer remarks regarding Proof of Fund.

My Notes: R10, A11.2, 75(2) & 76(1) (a) MET / OK - Passed Candidate and no notes about PoF.
Page 9 of my GCMS -
FUNDS
Number of Famlily Members: 2
Minimum Funds: Met
MST Funds Exempt: N
FSW Funds Exempt: N

Friend Notes:
PAGE 9
FUNDS
Number of Family Members: 2
Minimum Funds: Not Met
MST Funds Exempt: N
FSW Fund Exempt: N

LAST PAGE: At CIO 15 July 2016 - updated by GM01154
His R10 - OK, A11.2 - MET, 75(2) FSW Minimum Requirements - Appears Met, 76(1)(a) - Selection Criteria - FSW POINTS - Appears Met
NOTE: Failed Candidate - note that proof of funds appears not met (Job offer provided) -

My friends notes updated on 19 July while transferring to NDVO -
PAGE 73:
APPLICATION:5
Field Name: Eligibility
Action: Updated
Old Value: Met
New Value: Not Started
Updated Date: 2016/07/19
Updated By: AW01174
Office: Centralized Intake Office

APPLICATION: 7
Field Name: Eligibility
Action: Updated
Old Valud: Review Required
New Value: Met
Updated Date: 2016/07/15
Updated By: GM01154
Office: Centralized Intake Office

Discrepancy –
I MET PoF requirement, Not Exempted
Friend: PoF – Not MET & Not Exempted

We, both, have not provided any documents related to Proof of Fund.

So I can assume that his eligibility is cleared by same officer i.e. GM01154 and sent for review to NDVO.

What is your opinion whether he will face any problem due to Proof of Fund or It is not required as his eligibility is MET at CIO level.

Await your opinion.

 

[hsinxh]

Hi all,

I have received ITA in the last draw and now I am in the process of submitting my application. I have one question regarding fee to be paid, I am married but my wife is not going to accompany me, so do I need to pay the above mentioned fee for both of us or is it just for me only?


Thanks,

 

[canadaiamcoming]

Hi all,

I have received ITA in the last draw and now I am in the process of submitting my application. I have one question regarding fee to be paid, I am married but my wife is not going to accompany me, so do I need to pay the above mentioned fee for both of us or is it just for me only?


Thanks,

Application fee is for processing hence have to pay for all family members whether accompanying or not. Also your spouse has to undergo for Medical and provide PCC.

 

[Asivad Anac]

We, both, have not provided any documents related to Proof of Fund.

So I can assume that his eligibility is cleared by same officer i.e. GM01154 and sent for review to NDVO.

What is your opinion whether he will face any problem due to Proof of Fund or It is not required as his eligibility is MET at CIO level.

Await your opinion.

Weird! If everything else is the same, their application should also be approved.

 

[shashidhar_sm]

Welcome back, AA

 

[SecularFirst]

Hello Asivad, great to have you back on the forum.
I have been asking for for quite a while in provincial nominee section of the forum but haven't got any response lately. I would really appreciate if you could give any of your inputs whenever you can.

I got my PR under CEC just recently. My fiancé has applied for OINP masters stream in first week of April this year and got document request in sept last week. We provided the documents and now waiting for nomination. She got one year PGWP coz her masters was of one year duration. Her PGWP is expiring in feb next year and now we are beginning to think how to extend her stay in Canada.

Do you see any chance for applying BOWP if we get nomination and apply for PR before her PGWP expires ? (Given it will be paper application)

Is there any option to stay here if option one doesn't work out?

We are planning to get married next October, we can think about getting married earlier if it helps in getting her OWP while her PR is in progress? If my PR status could help her in anyway ?

I would really appreciate you can tell us what should we be doing in this situation.

Thanks.

 

[Asivad Anac]

Do you see any chance for applying BOWP if we get nomination and apply for PR before her PGWP expires ? (Given it will be paper application)

Entirely possible provided she is able to apply for PR and get the AOR before her PGWP expires.

Is there any option to stay here if option one doesn't work out?

She can go on visitor status.

We are planning to get married next October, we can think about getting married earlier if it helps in getting her OWP while her PR is in progress? If my PR status could help her in anyway ?

No harm in doing that except her PR application will most certainly be processed faster than inland sponsorship application. If the only reason you want to get married earlier is to help her get a PR, that isn't advisable given the circumstances. Wait for the nomination to come through, it'll helpm ease these concerns.

All the best!

 

[SecularFirst]

Thanks Asivad. How much time does CIC typically takes to issue AOR for paper applications ? If we got OINP in November and apply to CIC the next day, would it be possible to get it before February 2nd week for BOWP?

Thanks once again

 

[Asivad Anac]

Thanks Asivad. How much time does CIC typically takes to issue AOR for paper applications ? If we got OINP in November and apply to CIC the next day, would it be possible to get it before February 2nd week for BOWP?

Thanks once again

Cannot comment on paper based applications as I haven't followed the timelines. There may be relevant information in other sections of the forum.

Even if OINP reopens tomorrow, it is extremely unlikely that they'll process nomination application within 3 months so that's a risk.

 

[canadaiamcoming]

Weird! If everything else is the same, their application should also be approved.

We both provided letter of explanation about PoF exemption with following links:
http://www.cic.gc.ca/ENGLISH/helpcentre/answer.asp?qnum=1145&top=29,
http://www.cic.gc.ca/english/immigrate/skilled/funds.asp, and
http://www.cic.gc.ca/english/immigrate/skilled/offer.asp

We are confused because his notes says: Eligibility MET on 15 July. If PoF is not MET than how it is possible to MET Minimum Eligibility criteria.

My friends notes updated on 19 July while transferring to NDVO -
PAGE 73:
APPLICATION:5
Field Name: Eligibility
Action: Updated
Old Value: Met
New Value: Not Started
Updated Date: 2016/07/19
Updated By: AW01174
Office: Centralized Intake Office

APPLICATION: 7
Field Name: Eligibility
Action: Updated
Old Valud: Review Required
New Value: Met
Updated Date: 2016/07/15
Updated By: GM01154
Office: Centralized Intake Office

 

[canadaiamcoming]

Thanks Asivad. How much time does CIC typically takes to issue AOR for paper applications ? If we got OINP in November and apply to CIC the next day, would it be possible to get it before February 2nd week for BOWP?

Thanks once again

It will takes 3 to 4 months for paper based application.