Thank you Asivad Anac

[Asivad Anac]

Hi Asivad,
I have a very unusual question. I hope maybe you can help me. I simply don't know what to do.

I submitted my PR application on January 2, 2016. Prior to that I received a positive LMIA for NOC 4211 (for legal assistant) to support my PR application. As you may know, ESDC office uses NOC 2006.

While I was applying for PR under EE, I put the same NOC trying to be consistent with my LMIA (which was 4211). However, legal assistants have been assigned a new NOC code in NOC 2011 – 1242.

When I realized that I put NOC code from 2006, I was trying to send a case specific enquiry with an explanation why I put the NOC code 2006 instead of 2011. I did not receive any reply. In the meantime, I received my notes and it looks like it went through first review and my file was transferred to Ottawa. I contacted CPC Ottawa through email and asked them to add my explanation to the file which they did. I got a confirmation one day later, that it is attached and the officer will review it soon.

The problem is: my LMIA (which was only for EE/ PR support) is valid until May 7, 2016. I don’t know if I should keep this application and hope there will be an officer who understands the situation or should I withdraw this one and apply again (get an invitation and submit the PR application) before the expiration of LMIA.

Is there anything that I can do?

Everything else except that NOC code is ok, my reference letters, permanent offer of employment etc.

I went through my notes and it looks like an officer who did the first preliminary review, put a note that “appears to meet the criteria for FSW”. I know it’s just preliminary and doesn’t mean they will approve it. But honestly, I don’t know what to do. Is it better not to risk and withdraw this application and submit another one before my LMIA expires or sit tight and wait for answer to this one?

I would be grateful for your thoughts or advice.

Credit the officers with the required wisdom (I know that they are reviled on the forum but not all of them can be bad!) of knowing their way around these convolutions. Everything appears fine with your application and I don't imagine that mismatch of NOC (which you've thoroughly explained TWICE) would cause a problem here.

All the best!

 

[Asivad Anac]

2. As one have to provide the details in monthly format (i.e. MM/ YYYY) so in case I left 1st job on 14th June 2014 & joined other on 15th June 2014 then can I mention details with June month overlap? i.e.
Jan/2006- June/2014 JOB 1
June/2014- PRESENT JOB 2

This is fine.

3. While there is an overlap (for June month) for one of the item in the personal history section (as in point 2 above), however, for rest of other details there is no overlap in month as DETAIL1 finished on 31st of current month & DETAIL2 started on 1st of subsequent month. Thus, Personal History section for detail for DETAIL1 & DETAIL2 will look as below:
Unemployed: 07/2008- 09/2008 Home
Government: 09/2008- 09/2010 Company 1

Will it be considered as GAP?


No.

So, in total, in my personal history section, I have few details with overlap of month (as in point 2) while for other details there is no overlap of month (as in point 3) ?

Below is my complete eAPR details for your reference:

Just resubmit all of this information. You aren't hiding anything so there is no reason to worry about this request.

 

[Asivad Anac]

Hi Asivad,

I am CEC-PNP inland applicant. I jut got the ready for visa request letter for my PR application, the letter states that I must send the passports within 30 days of the date of the letter.

The problem is that I will not be able to send the passports within 30 days as I am travelling outside Canada from April 28th till May 28th.

I sent an email to CPC-CTD-Ottawa@cic.gc.ca as they stated in the email, but I got an auto reply that they will answer in 20 business days.

My question is, will they accept to send the passports after the 30 days?

Thanks!

You can still send it - they typically return the passport in 10 days. Else you may need to wait for their response which could be earlier than 20 business days. If you still don't get a response till 28th April, I would recommend not making the trip and submitting the passport. IRCC may not give you an extension - completely at their discretion.

 

[Asivad Anac]

Hello Asivad Sir
I have a question..is it compulsary to send pay stubs along with application as in my referencer letter ,my annual is already mentioned?

Not mandatory if the reference letter mentions annual salary - you can still choose to provide pay stubs though.

 

[Asivad Anac]

Hi Asivad,

today, I received my PPR.

In June, 2015 I received a letter of interest from Ontario, and just after submitting my application to Ontario in July I discovered this forum, and you.
You are an amazing person, very clever and reasonable. The way you have helped so many people here is incredible.
If you decide to have a professional career as an immigration consultant, please let me know, and I will recommend you for sure.
I wish you all the best

Congratulations and All the Best!

 

[LadyArizona]

Credit the officers with the required wisdom (I know that they are reviled on the forum but not all of them can be bad!) of knowing their way around these convolutions. Everything appears fine with your application and I don't imagine that mismatch of NOC (which you've thoroughly explained TWICE) would cause a problem here.

All the best!

Thank you Asivad! I've had this thought that I should keep it for a while now and you ensured me in this.
Thank you so much and have a great weekend!

 

[Asivad Anac]

Hello Asivad,

Thank you for all your help regarding our different journeys into Canada.

Please help me out......I am now 4 months waiting, with my BG check ''not needed'' since the start. I need to phone IRCC/CPC Ottawa just to check on the whereabouts of my File, and status if possible.

Do you by any chance have the phone number that I can use to get to them during working hours, including the extensions I have to ask for?

Would greatly appreciate that.

Thanks.

They wouldn't be able to provide any useful information on the phone. You should apply for GCMS notes instead.

 

[duggal2490]

HI,

Need suggestion.

I got my PR and now planning to visit India to marry my girlfriend. I want to apply for her Tourist Visa so that she can travel with me to canada asap.

My question is when is the best time to apply for tourist visa before or after marriage? so that file didn't get rejected

Regards
Ankush

 

[hpatel4]

Hi Asivad,

I am PNP-CEC Inland applicant (AOR date : Nov 14, 2015). I had post-graduate work permit from Aug 2,2013 till Aug 2, 2014. I started working on Sept 5,2013 till Oct 3,2013 for one employer (1 Month) and from Oct 7, 2013 till Oct 13,2014 for another employer (12 Months). I worked on Implied status from Aug 2, 2014 till Oct 6, 2014. I have confirmed it with CIC and it's also on the CIC website that, work experience during on Implied status is counted for 12 months experience required for CEC.

I received invitation from Ontario under the same category and applied for it & got issued Ontario PNP - Human capital Priorities stream for CEC only. Now, my PR application is under process, just ordered GCMS notes and found out that two different agents has totally opposite views about my CEC eligibility.

Agent 1 : Satisfied with my reference letter and consider i have enough 12 months of experience.
Agent 2 : Not satisfied with my 12 months of experience, as he noted that my post-graduate work permit was expired on Aug 2, 2014 and consider eligible experience of 11 months. So according to him, CEC criteria not met and A11.2 is also not met.

I have talked about this to my immigration lawyer & he raised concerned issue with the proof of Work permit rejection letter that, i was on Implied status. And actually, my total legal work experience is from Sept 5,2013 till Oct 6,2014 (13 Months) (Including post-graduate work permit & Implied status combined).

Can you help and let me know what should i be worried about and is there anything i need to do urgently?

Thanks.

 

[Asivad Anac]

Hi Asivad,

I am PNP-CEC Inland applicant (AOR date : Nov 14, 2015). I had post-graduate work permit from Aug 2,2013 till Aug 2, 2014. I started working on Sept 5,2013 till Oct 3,2013 for one employer (1 Month) and from Oct 7, 2013 till Oct 13,2014 for another employer (12 Months). I worked on Implied status from Aug 2, 2014 till Oct 6, 2014. I have confirmed it with CIC and it's also on the CIC website that, work experience during on Implied status is counted for 12 months experience required for CEC.

I received invitation from Ontario under the same category and applied for it & got issued Ontario PNP - Human capital Priorities stream for CEC only. Now, my PR application is under process, just ordered GCMS notes and found out that two different agents has totally opposite views about my CEC eligibility.

Agent 1 : Satisfied with my reference letter and consider i have enough 12 months of experience.
Agent 2 : Not satisfied with my 12 months of experience, as he noted that my post-graduate work permit was expired on Aug 2, 2014 and consider eligible experience of 11 months. So according to him, CEC criteria not met and A11.2 is also not met.

I have talked about this to my immigration lawyer & he raised concerned issue with the proof of Work permit rejection letter that, i was on Implied status. And actually, my total legal work experience is from Sept 5,2013 till Oct 6,2014 (13 Months) (Including post-graduate work permit & Implied status combined).

Can you help and let me know what should i be worried about and is there anything i need to do urgently?

Thanks.

Your lawyer and 1 of the agents is correct - experience gained under implied status counts as valid CWE. If the lawyer has already sent a CSE explaining this, nothing else needs to be done for now. Hope things work out well for you.

All the best!

 

[Asivad Anac]

HI,

Need suggestion.

I got my PR and now planning to visit India to marry my girlfriend. I want to apply for her Tourist Visa so that she can travel with me to canada asap.

My question is when is the best time to apply for tourist visa before or after marriage? so that file didn't get rejected

Regards
Ankush

That application will be processed on its merits. Whenever she applies, she'll have to provide conclusive evidence of having enough ties in the home country to avoid being denied as a potential immigration risk profile. Ask her to apply right away if there are enough evidences in place already to prove that they only want to be a tourist - a job, family ties, money/property etc.

 

[hpatel4]

Your lawyer and 1 of the agents is correct - experience gained under implied status counts as valid CWE. If the lawyer has already sent a CSE explaining this, nothing else needs to be done for now. Hope things work out well for you.

All the best!

I have already confirmed it with CIC more than dozen times before even creating my express entry profile & on the top, while my OINP was under processing, there was same concern, but i got chance to talk with OINP processing officer over the phone, talked with all details and proofs and finally after satisfaction , they issued my OINP.

So, I think, if they consider my 12 months of qualifying experience & CEC criteria met, than my PNP stream will also be ok and with that A11.2 should be also met?

Thanks a lot for reply Asivad.

 

[Asivad Anac]

I have already confirmed it with CIC more than dozen times before even creating my express entry profile & on the top, while my OINP was under processing, there was same concern, but i got chance to talk with OINP processing officer over the phone, talked with all details and proofs and finally after satisfaction , they issued my OINP.

So, I think, if they consider my 12 months of qualifying experience & CEC criteria met, than my PNP stream will also be ok and with that A11.2 should be also met?

Thanks a lot for reply Asivad.

Yes. This isn't a grey area at all - time spent working while awaiting PGWP doesn't count but time spent working on implied status counts.

 

[crazydesifool]

Yes. This isn't a grey area at all - time spent working while awaiting PGWP doesn't count but time spent working on implied status counts.

Hi Asivad, I have the same situation as Hpatel here.. I too gained my experience in implied status and submitted my application in December, it's been 4 months now and I haven't ordered any GCMS notes so I have no idea about what is the status of my application. Do you suggest, I should also send a CSE with more evidence regarding the experience gained in implied status?

 

[handsome_zombie]

Hello Asivad,

I got my RPRF fee request on Friday Apr 16.

Just last friday they refused my BOWP, saying that my PR is still not eligible, as it is still under review and this week they sent me letter requesting for my landing fee. CIC is very weird. I have quick question for you.

I applied for the BOWP on Feb 26 as my current WP was expiring on Feb 28 2016, BOWP got refused.

Technical i have 3months to apply for status change (implied or something), right?
Now since my profile has been made eligible and fee has been paid, in the category that i have applied, so is there any need for me to apply for the visitor visa?

Should i apply for the visitor visa and get implied status, coz now on the last step, i waiting for the request from them for the PPR and can i land at the border, will there be any hassle or do i need to be on status implied or something in order to do the landing??

Plz advise, i will apply for the visitor visa accordingly.