Thank you >>>>>>>>> Legalfalcon <<<<<<<<<<<

[moferanmi]

Yes. As long as you can provide documentary proof for it through a reference letter as mandated by IRCC

I really appreciate your help!
Thanks for giving me hope.

 

[Hanan22]

The Civic Holiday is celebrated on the first Monday of August and it's a public holiday in some provinces and territories. The civic holiday is not a statutory holiday. It is known by many names in different provinces and municipalities.

IRCC will be working tomorrow.

Yes they are working

 

[Grudy]

Thanks for the input legalfalcon. We really are lucky someone like you is around here. Keep up the good work!

 

[skybluepearl]

You need the letter and the statements. In case you cannot get the letter, the the statements can suffice with a LoE.

Thanks a million. You"ll make a wonderful immigration lawyer.

 

[legalfalcon]

@Synergies2017 I received your message, but since you are a new member, I cannot reply back. You can post your question here, or join my WhatsApp group https://chat.whatsapp.com/Dc0wrRuMRBrEJBC1il3EDO

 

[sasidraj]

Hello LegalFalcon,
Appreciate all your responses thus far. Request you to kindly provide your comments for my proof of funds (family of 4) planned as below. Please excuse me for this long post

1. My bank account with CAD 9900. Supporting documents are:

• Account balance certificate from bank with my name, account number, closing balance and account open date. Bank did not provide the average balance. The letter is on bank letterhead but does not carry the bank seal.
• Online bank statement for last 6 months and again, this does not have bank seal.
• Part of this money is a gift from my mom and I have a notarized gift deed from my mom. Is my signature required in the gift deed ?
• Online bank statement of my mom showing she had the funds well before.

2. My spouse PF account with CAD 15000. Supporting documents are

• PF statement on official letterhead with seal and signature
• PF balance certificate stating the closing balance, open date, PF account number with official seal and signature.

3. My spouse savings bank accounts with CAD 12000.Supporting documents are:

• Statement from bank with his account number, closing balance and average balance. Statement is on bank letterhead but does not have official seal.

4. NOC letter from my spouse for using his funds. Should this letter be notarized ?

Are the documents without seal are good enough ? Please let me know if these documents are sufficient or should I add anything else.

Thanks,
Sasi

 

[legalfalcon]

Hello LegalFalcon,
Appreciate all your responses thus far. Request you to kindly provide your comments for my proof of funds (family of 4) planned as below. Please excuse me for this long post

1. My bank account with CAD 9900. Supporting documents are:

• Account balance certificate from bank with my name, account number, closing balance and account open date. Bank did not provide the average balance. The letter is on bank letterhead but does not carry the bank seal.
• Online bank statement for last 6 months and again, this does not have bank seal.
• Part of this money is a gift from my mom and I have a notarized gift deed from my mom. Is my signature required in the gift deed ?
• Online bank statement of my mom showing she had the funds well before.

If the bank did not provide the average bank balance, then submit all the statements and mention this in the LoE. Which country did you get the Gift deed executed in? The formalities will depend on that country.

2. My spouse PF account with CAD 15000. Supporting documents are

• PF statement on official letterhead with seal and signature
• PF balance certificate stating the closing balance, open date, PF account number with official seal and signature.

This is fine
3. My spouse savings bank accounts with CAD 12000.Supporting documents are:

• Statement from bank with his account number, closing balance and average balance. Statement is on bank letterhead but does not have official seal.

This is fine

4. NOC letter from my spouse for using his funds. Should this letter be notarized ?

Notarization is not required, but it greatly helps to make the document more authentic.

Are the documents without seal are good enough ? Please let me know if these documents are sufficient or should I add anything else.

The documents are sufficient. The seal is not required.

Thanks,
Sasi

 

[sasidraj]

Thanks a ton LegalFalcon. My mom is in India and executed the gift deed in India. But am in United States and hence couldn't include my signature.
The deed mentions the account transfer details with my mom's signature and is notarized. Your thoughts please.

Thanks.

 

[legalfalcon]

Thanks a ton LegalFalcon. My mom is in India and executed the gift deed in India. But am in United States and hence couldn't include my signature.
The deed mentions the account transfer details with my mom's signature and is notarized. Your thoughts please.

Thanks.

The law for gifts in India is as follows:

A gift deed by itself is a legal instrument which is notarized and on a stamp paper. Why would one legal document need an affirmation through an affidavit (another legal instrument).

As per the Transfer of Property Act, 1882 (the law in India which governs transfer of movable and immovable property) in Chapter VII (which deals with Gifts) Section 123 clearly states:

123. Transfer how effected

For the purpose of making a gift of immovable property, the transfer must be effected by a registered instrument signed by or on behalf of the donor, and attested by at least two witnesses.

For the purpose of making a gift of movable property, the transfer may be effected either by a registered instrument signed as aforesaid or by delivery.

Such delivery may be made in the same way as goods sold may be delivered.

So in effect, there is no requirement for a written instrument. However, to show evidence of the gift to IRCC, a written instrument is required.

A gift deed or an affidavit is sufficient, as both, the stamp paper and the gift deed are executed on a Rs. 100 stamp paper, and the stamp paper is registered in the name of the person who is executing the document, i.e. the donor.

Further, section 122 defines a gift and lays down the requirement for how the gift is made:

122. "Gift" defined

"Gift" is the transfer of certain existing movable or immovable property made voluntarily and without consideration, by one person, called the donor, to another, called the donee, and accepted by or on behalf of the donee.

Acceptance when to be made-Such acceptance must be made during the lifetime of the donor and while he is still capable of giving.

If the donee dies before acceptance, the gift is void.

The basic requirements that you need to show in a gift deed are:

a. The transfer should be made voluntarily;
b. without consideration (no expectation of money or other favours); and
c . an acceptance by the donee.

The acceptance by the donee can be in fact or by legal instrument. If the amount is already in your account, then you need not worry as you have accepted it in fact. Alternatively, you can sign the gift deed by claiming that it has been accepted.


Hope this helps!

 

[Canadianspirit]

Dear @legalfalcon
I am working on my work letter and I am a physician and went for 3111 specialist physician NOC however I am using three years work experience 2013-2016 for points during which I was a residentvtraining for that specialty which per CIC website are still included in that NOC
My dilemma is should I put my job title as a specialist or a resident physician?
FYI my job duties match my NOC?

 

[niswe]

Dear LegalFalcon
Background: My spouse main applicant [under Federal Skilled Worker]
NOC 2171 Company A from 24May2010 to 5Apr2013
(Gap of 22 days)
NOC 2171 Company B from 29Apr2013 to Till Date

While completing "come to Canada tool", in experience question, I have selected 4 to 5 years as it said continuous and there was a gap of 22 days between two jobs.
Now due to his age, point 1 will be reduced which will make his profile ineligible.
If I select option 6 and above in "come to Canada" tool and recreate his profile, he will be eligible.

Now my doubt is, will this move be correct as there a gap of 22 days and form says it has to be continuos to claim the points.
(He can increase his points by getting better IELTS score which is scheduled to be in mid sep but his birthday is in Aug and I do not want him to be out of pool for a month or so.

Please guide.

 

[gauravpande]

For the PoF IRCC wants the following:

• The applicant should provide an official letter(s) from one or more financial institutions that lists all current bank and investment accounts as well as outstanding debts, such as credit card debts and loans.
  • o The letter(s) must be printed on the letterhead of the financial institution and must include the applicant’s name, the contact information of the financial institution (address, telephone number and email address), the account numbers, the date each account was opened and the current balance of each account as well as the average balance for the past six months.

Now in your case you didn't have the funds and neither the 6 months average balance. However, the intention here is that you should have the funds and they show be readily available. You have met this requirement by the gift deed and you are all good. All you have to ensure is that you are over the minimum requirement as prescribed by IRCC based on the number of family members you have.

So in your case you will have the following:

1. The letter from the bank where you have the fund with the information above.
2. The gift deed from your father-in-law

Such clearly worded advice! No wonder @legalfalcon people are referring to you from outside WhatsApp group. Friend, I also believe in doing things with no expectation of any return from others. It will be great if we could connect and get to know each other better on facebook and linkedin. Pls send me your links. The pursuit of spreading goodness has to be amplified through resonance.. Many thanks again!

Just saw your WhatsApp group link and just joined!

 

[legalfalcon]

Dear @legalfalcon
I am working on my work letter and I am a physician and went for 3111 specialist physician NOC however I am using three years work experience 2013-2016 for points during which I was a residentvtraining for that specialty which per CIC website are still included in that NOC
My dilemma is should I put my job title as a specialist or a resident physician?
FYI my job duties match my NOC?

The title does not matter. You should use what you held when you worked. If you have an option and they are interchangeable, then you should use the one in the NOC.

 

[legalfalcon]

Dear LegalFalcon
Background: My spouse main applicant [under Federal Skilled Worker]
NOC 2171 Company A from 24May2010 to 5Apr2013
(Gap of 22 days)
NOC 2171 Company B from 29Apr2013 to Till Date

While completing "come to Canada tool", in experience question, I have selected 4 to 5 years as it said continuous and there was a gap of 22 days between two jobs.
Now due to his age, point 1 will be reduced which will make his profile ineligible.
If I select option 6 and above in "come to Canada" tool and recreate his profile, he will be eligible.

Now my doubt is, will this move be correct as there a gap of 22 days and form says it has to be continuos to claim the points.
(He can increase his points by getting better IELTS score which is scheduled to be in mid sep but his birthday is in Aug and I do not want him to be out of pool for a month or so.

Please guide.

For now go with the 6 years. It states "you can get points for the number of years you’ve spent in full-time paid work (at least 30 hours per week, or an equal amount of part-time)."

There is no requirement of continuous.

See
http://www.cic.gc.ca/english/immigrate/skilled/apply-factors.asp

 

[legalfalcon]

Such clearly worded advice! No wonder @legalfalcon people are referring to you from outside WhatsApp group. Friend, I also believe in doing things with no expectation of any return from others. It will be great if we could connect and get to know each other better on facebook and linkedin. Pls send me your links. The pursuit of spreading goodness has to be amplified through resonance.. Many thanks again!

Just saw your WhatsApp group link and just joined!

Just PM me on WhatsAPP.