+1(514) 937-9445 or Toll-free (Canada & US) +1 (888) 947-9445

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

legalfalcon

VIP Member
Sep 21, 2015
19,048
9,916
Montréal, Quebec, Canada
Category........
FSW
Visa Office......
Ottawa
NOC Code......
4112
App. Filed.......
03-09-2015
Doc's Request.
01-10-2015
AOR Received.
03-09-2015
Med's Done....
17-08-2015
Passport Req..
05-04-2016
VISA ISSUED...
12-04-2016
LANDED..........
05-05-2016
Hi @legalfalcon Thanks for your reply. I am about to create my EE profile soon and would like to take your views before filling my details.

(Expected CRS score : 453, CLB 9, WES Equivalent : Master's)

My Employment snapshot before i ask my questions :

1) October 1st 2008 to September 15th 2009 -- Programmer Analyst (2174 Skill A)
2) September 20th 2010 to Jan 18th 2011 -- Software Tester (2283 Skill B)
3) September 13th 2011 to March 11th 2014 -- Process Developer (2282 Skill B)
4) August 15th 2014 to March 15th 2016 -- Programmer Analyst (2174 Skill A)

5) April 1st 2017 to Jan 31st 2018 -- Programmer Analyst (2174 Skill A)
6) February 1st 2018 to till date -- Data Manager (2281 Skill B)

My questions are :

1) Regarding my 1st employment, i don't have any reference letter from my employer. Just have my H-1B approval Copy, last 3 pay slips and tax returns. I only have start date, end date and title mentioned in my employer letter. My company is refusing to give me a letter now. My friend who joined with me and and worked till last year is ready to give reference letter affidavit for me. He is willing to give his last pay slip and employment experience letter. Now i worked in 2 locations, 4 months in Houston TX and rest 7.5 months in Chicago. My employer is based in Virginia and has also a branch in Chicago. All my payslips were run in Illinois state (Chicago). Which address should i key in, if i worked at multiple locations and should i go with multiple entries? What should i mention in address history, i want to avoid a location conflict in my profile.

2) Regarding my 3rd employment, i do not have a employment reference letter, but have a relieving letter. However i have all my pay slips, tax returns, provident fund documents, salary appraisals, official email conversation with HR denying job duties due to company policy and also have the same typed on a official letter head. My relieving letter has my start & end date, designation, employee ID, COE, hours worked etc. My senior manager who has witnessed my duties closely is willing to give me notarised affidavit mentioning my job duties and he is going to provide his latest pay slip business card, ID card and computer generated employment letter to confirm his working. My question is can i use this experience as my primary NOC since it covers 30 months, though i don't have a reference letter? My main concern is regarding my 4th employment.


3) This is regarding my 4th employment which was in USA. I Came to US on a H-1B visa on April 1st 2014, i could not get a project till August 15th, 2014. I did not get paid for this period. My employer did provide me a reference letter, which has my start date as Aug 15th instead of April 1st. What date should i mention in my EE profile as my start date? If i go with my employer reference letter and keep my start date as August 15th, can i mention in personal/address history that i still was with same employer and was seeking consulting jobs or took vacation for the 4.5 months gap (April 1st to August 14th)? Also my end date is listed as 15th March 2016, but i was still part of company and did not get paid for 5 months more. I left on my own back to home before my I-94 expiry. Whether this will come under overstay in US or not, i am not sure. Will there be a date conflict and misrepresentation problem? How do i tackle this problem? Also for the entire period, my payslips and tax returns were run in Michigan state, i did consulting work and frequently visited New jersey often. Since i am going to mention the work location state as Michigan, how can i manage address history?

4) Is it good to mention my complete employment details in work history, or move some of them to personal history when you already meet the minimum score requirements. My 2nd, 5th and 6th employments are fine and i have all the reference letters. There is some complexity involved like the above three, will i be rejected if any one of my employment details is not to their satisfaction, even if i meet the minimum requirement through other employments?



Thanks a lot! Sorry for the long post. Please help me with your opinion. I am very much worried how to proceed forward.
If your employer is refusing to give you a reference letter, you can get one from a colleague in the form of an affidavit that lists your job duties. hours, salary, designation etc. You can provide either the address where your company is headquartered, or where you actually worked. Along with the affidavit, you can also provide all documents like your pay stubs, contact, employment letter and explain this in LoE.

You only need 3 years of full time employment to to get max CRS and 5 years for max MEC. If you already have this, you can remove ant other work ex from work to personal, and you won't have to provide work reference letters for it.
 
  • Like
Reactions: navkrish

legalfalcon

VIP Member
Sep 21, 2015
19,048
9,916
Montréal, Quebec, Canada
Category........
FSW
Visa Office......
Ottawa
NOC Code......
4112
App. Filed.......
03-09-2015
Doc's Request.
01-10-2015
AOR Received.
03-09-2015
Med's Done....
17-08-2015
Passport Req..
05-04-2016
VISA ISSUED...
12-04-2016
LANDED..........
05-05-2016
The last note entry was on 7th of Aug, the same date that I requested the GCMS notes. So in this last notes the label says eligibility and they have basically pulled out all mine and my wife's online profiles such as Google, Facebook, LinkedIn, and so many other accounts. Is this normal? Also, the previous notes are the following labels: Eligibility (Checking of IELTS documents), Adm/criminality, General (Marriage certificate), and EE eligibility
It is not normal, but IRCC does open source checks from time to time to verify your profile. See https://www.getgcms.com/blog/social-media-express-entry/
 

legalfalcon

VIP Member
Sep 21, 2015
19,048
9,916
Montréal, Quebec, Canada
Category........
FSW
Visa Office......
Ottawa
NOC Code......
4112
App. Filed.......
03-09-2015
Doc's Request.
01-10-2015
AOR Received.
03-09-2015
Med's Done....
17-08-2015
Passport Req..
05-04-2016
VISA ISSUED...
12-04-2016
LANDED..........
05-05-2016

legalfalcon

VIP Member
Sep 21, 2015
19,048
9,916
Montréal, Quebec, Canada
Category........
FSW
Visa Office......
Ottawa
NOC Code......
4112
App. Filed.......
03-09-2015
Doc's Request.
01-10-2015
AOR Received.
03-09-2015
Med's Done....
17-08-2015
Passport Req..
05-04-2016
VISA ISSUED...
12-04-2016
LANDED..........
05-05-2016
Hello @legalfalcon
Thank you in advance for your support and I really hope you can give some advice on my situation.

I have a bit of a problem with the timeline of my express entry profile submission. I will give a quick summery of my case
--> I started full time work on November 1st, 2017
---> I have done IELTS and checked my CRS score which is above 460 so I think I will get an invitation on the first round (I hope at least)
---> Fastest I can submit my EE profile is on November 1st (to fulfill 1 year experience)
---> Going by the current trend, the draw I will fall on will be on November 14th. (calculating every two weeks for an EE profile draw)

---> My work permit ends on November 20th 2018

Which leaves me with 6 days to submit all the required paper work (if I get invited in November 14th) and also apply for a bridging work permit.

Now, the time line is really tight and I am very nervous because so many things can go wrong. I am planning to get an upfront medical exam in October so that I will have that ready and police clearance from my country as well.

Do you have any advice on what to do?
You can apply for BOWP after you have submitted your EE application and passed R10, and 4 months or less before your WP expires. See https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/provincial-nominees-permanent-resident-applicants/bridging-open-work-permits.html

What I would suggest is that get all your documents ready and as soon as you receive the ITA, file your application.
 

legalfalcon

VIP Member
Sep 21, 2015
19,048
9,916
Montréal, Quebec, Canada
Category........
FSW
Visa Office......
Ottawa
NOC Code......
4112
App. Filed.......
03-09-2015
Doc's Request.
01-10-2015
AOR Received.
03-09-2015
Med's Done....
17-08-2015
Passport Req..
05-04-2016
VISA ISSUED...
12-04-2016
LANDED..........
05-05-2016
Hi Legalfalcon,
Need advice pls. I’ve got PR and will be landing next month. My PR through LMIA. Can I switch job straight away of do I have to have work with that employer and cannot change my job?
Thanks
As soon as you land as a PR, you can change your job.
 
  • Like
Reactions: Aali005

legalfalcon

VIP Member
Sep 21, 2015
19,048
9,916
Montréal, Quebec, Canada
Category........
FSW
Visa Office......
Ottawa
NOC Code......
4112
App. Filed.......
03-09-2015
Doc's Request.
01-10-2015
AOR Received.
03-09-2015
Med's Done....
17-08-2015
Passport Req..
05-04-2016
VISA ISSUED...
12-04-2016
LANDED..........
05-05-2016
Hi @legalfalcon

I just got my ITA and I was doing the eAPR and had a critical question.
Personal activities came with my educational history which says 2007-2015.

Between those years, I have taken 4 years off because i had to serve army and wanted to work abroad.
Is this OK to be overlapped? if it has to be broken down.. how should it be broken down? it's asking me for the degree awarded and such.. I don't think it is meant to be broken down?

for example..

2007.01-2015.01 XXX university
2009.01-2010.01 Work in A company
2010.01-2012.01 Army in XXX country
2012.01-2013.01 Work in B company

Does this make sense? Thank you!
The personal history will have everything, work + education. This looks fine, it it seems confusing, you can add a LoE and explain.
 

legalfalcon

VIP Member
Sep 21, 2015
19,048
9,916
Montréal, Quebec, Canada
Category........
FSW
Visa Office......
Ottawa
NOC Code......
4112
App. Filed.......
03-09-2015
Doc's Request.
01-10-2015
AOR Received.
03-09-2015
Med's Done....
17-08-2015
Passport Req..
05-04-2016
VISA ISSUED...
12-04-2016
LANDED..........
05-05-2016
Hi @legalfalcon appreciate your efforts on forum.

I am Quebec SW applicant. it has been over 14 months and i have not even received medicals request from IRCC. I reside in mid east so i assume my VO to be London although i am not sure about it.
Please can you advise the steps i should take ...i am about to complete the total processing time which is 17 months....really worried.
Please advise.
You can get your file under the Quebec Access to information act and see the details. That is the only way, everything else is speculation. Or try calling and see what info you get/
 

hgunawa

Hero Member
Jan 8, 2017
309
139
You can apply for BOWP after you have submitted your EE application and passed R10, and 4 months or less before your WP expires. See https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/provincial-nominees-permanent-resident-applicants/bridging-open-work-permits.html

What I would suggest is that get all your documents ready and as soon as you receive the ITA, file your application.
Thank you very much for your reply. I have one question, will I be able to apply for the BOWP as soon I submit my PR application with all the documents? Or do I have to wait until I pass R10? Because that would definitely take more time and I'm hoping to be in implied status with the BOWP before my work permit expires.
 

legalfalcon

VIP Member
Sep 21, 2015
19,048
9,916
Montréal, Quebec, Canada
Category........
FSW
Visa Office......
Ottawa
NOC Code......
4112
App. Filed.......
03-09-2015
Doc's Request.
01-10-2015
AOR Received.
03-09-2015
Med's Done....
17-08-2015
Passport Req..
05-04-2016
VISA ISSUED...
12-04-2016
LANDED..........
05-05-2016
Thank you as always helpful..
so LMIA won’t effect my PR status? If I don’t report to my employer he/she maybe report to CIC and my PR will b in trouble? Is it true?
After you become a PR, you have all right under the constitution, and choosing whom to work for is one of them. Your LIMA and WP will be cancelled as soon as you land as a PR.
 
  • Like
Reactions: Aali005

legalfalcon

VIP Member
Sep 21, 2015
19,048
9,916
Montréal, Quebec, Canada
Category........
FSW
Visa Office......
Ottawa
NOC Code......
4112
App. Filed.......
03-09-2015
Doc's Request.
01-10-2015
AOR Received.
03-09-2015
Med's Done....
17-08-2015
Passport Req..
05-04-2016
VISA ISSUED...
12-04-2016
LANDED..........
05-05-2016
Thank you very much for your reply. I have one question, will I be able to apply for the BOWP as soon I submit my PR application with all the documents? Or do I have to wait until I pass R10? Because that would definitely take more time and I'm hoping to be in implied status with the BOWP before my work permit expires.
You can apply, but BOWP will not be granted until your R10 is passed, which can takes 2-4 weeks post filing.
 

navkrish

Hero Member
Jun 1, 2018
278
117
If your employer is refusing to give you a reference letter, you can get one from a colleague in the form of an affidavit that lists your job duties. hours, salary, designation etc. You can provide either the address where your company is headquartered, or where you actually worked. Along with the affidavit, you can also provide all documents like your pay stubs, contact, employment letter and explain this in LoE.

You only need 3 years of full time employment to to get max CRS and 5 years for max MEC. If you already have this, you can remove ant other work ex from work to personal, and you won't have to provide work reference letters for it.
Thanks a lot @legalfalcon Appreciate your help. I have few more doubts, please clarify.

1) Is it okay to have an employment without reference letter (job duties) as my primary NOC? Is it okay for keep linkedin profile of senior manager in notarized affidavit? He is not my reporting manager, but was one of floor managers, is that okay? Is it going to be still a risk when i have below supporting docs?

(I have 30 months of employment with the company, have all my payslips, tax returns, provident fund documents, Salary appraisals, appointment & relieving letter, official email from VP HR saying as per company policy cannot provide job duties, have the HR stating the same on a official letter head, One of my senior manager who witnessed my duties closely is willing to provide me a notarized affidavit which mentions my job duties, working hours, designation etc. He is willing to provide his business card, ID card, last pay slip and computer generated employment letter shows he is currently working there and also his linkedin profile.)

2) My employer in US gave me a reference letter mentioning my start and end dates. However i was still employed with the same employer 4 months before start date and 4 months after end date. I was looking for consulting projects and did not get paid. My visa/status was not cancelled either. But my employer gave me a reference letter only for the months i got paid. What can i explain in personal history? Can i mention the same employer and say i was looking for projects? Will that come under misrepresentation or date conflicts? Please help me and suggest me how should i proceed.

Thank you.
 

Bushra Nawaz

Star Member
Jan 25, 2018
51
3
@legalfalcon PLEASE I NEED YOUR HELP URGENTLY

My AOR is 25th May 2018 and my case is being processed in London Visa office. On 5th September VO sent me a correspondance letter stating the following:

To demonstrate that you possess the funds required under paragraph 76(1)(b)(i) of the Regulations, you have provided a bank letter and history indicating that you had a total of 1 505 998 PKR on May 24, 2018. According to your banking history, this sum was made mostly of two recent deposits. The first one, 800 000 PKR, was made on May 14, 2018, and came from your brother as a gift. The second one, 700 000 PKR, on May 22, 2018, was made from the sale of a house owned by you and your husband that you had previously purchased in February 2017 for the sum of 500 000 PKR.
According to your explanations, the total of 1 505 998 PKR equalled approximately 16 600 CAD when you submitted your application. You wrote a letter to IRCC in July 2018 stating that the sum had now gone below the required funds of 15 331 $ at that time. At the time of writing this letter, the exchange rate would equal approximately between 16 112 CAD (as per www.xe.com) and 15 979 CAD (as per www.oanda.com).
Nevertheless, the documents you provided did not demonstrate the provenance of any of these funds. There is no evidence that you and your husband have been able to accumulate 500 000 PKR to purchase a property in February 2017 giving your modest income and your current banking history which does not show any history of fund accumulation between October 2017 and May 2018. There is no evidence of where the funds transferred from your brother come from as well. Furthermore, I take note of the fact that the salary slips of your husband mentions that he took a loan from his employer which, in April 2018, was still valued at 75 000 PKR. By subtracting 75 000 PKR from 1 505 998 PKR, you would currently not meet the requirements of paragraph 76(1)(b)(i).
As a result, I am currently not satisfied that you possess in the form of transferable and available funds, unencumbered by debts or other obligations, an amount equal to one half of the minimum necessary income as required under paragraph 76(1)(b)(i).
Before I make a final decision, you may submit additional information relating to this issue. You have 30 days from the date of this letter to submit additional information to me.

Now against his objections, I have drawn bank statement of my husband's salary account. He receives quarterly incentives from his company which are reflected by his payslip as well as bank statement. His incentives from our marriage date till we bought the plot are 755,930 in total from which we could easily buy the plot of 5,00,000. But no bank history shows our savings, we saved them in cash. Apart from it I have been withdrawing my salary too and saving it in cash.
My brother runs his own business but he is non tax filer. He gifted me 8,00,000 by withdrawing money from his business + his savings.
And the loan of 75000 (shown in April) has now lessened to 55000/-
Currently I maintain a bank balance of 15,96,000/- PKR which is much more than the balance shown at eAPR (15,05,998/-)

Please guide me how to answer VO's objections. We have no documents or bank history of money accumulation. But we have the proof that we earned this much money. Actually we have been saving in cash just to avoid withholding tax (as tax is already deducted from our salaries)

I would be much grateful for your kind help. Please do respond my query.