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[Khullar2018]

Hi @legalfalcon can you please tell me what is balance of probabilities clause

 

[legalfalcon]

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.

1. If you do not have the work reference letter, then you can get a letter from a colleague, supervisor, or anyone else (former employee or currently working) for the company, who was privy to your work. He can provide you with the same information and you can get that paper notarized. Whe you upload this, you can support it with other documents that you have listed, like the pay slips, IT returns, employment contract etc. You will also have to explain it in LoE. The linkedin profile will not be of any help as one can amend it and create a fake one. So I would not bother with it.

2. Yes, you can mention him as an employer and in LoE explain the situation. It is not misrepresentation.

 

[legalfalcon]

@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.

The issue here is two fold:

1. Where did you get the money from - To show this, your gift deed had to mention the source, bank account numbers, and the method the funds were transferred. If your gift deed did not disclose this, you will have to show this through secondary proof by showing the bank transfer details. Money deposits are not a convincing proof. Also, your brother (donor), can provide you the copies of his bank account to show that he had substantial amount of money with him.

For the property, if there was a purchase and sale, you will have the property deed. You can show that to prove that you owned the property and sold it later.

2. Also, for the debt from your employer, you need to show that you have paid it off. If it is still pending, you will have to show that you have over this funds.

Provide as much supporting documents to substantiate your claim.

 

[legalfalcon]

@legalfalcon sir can u please see my notes and determine the reason of interview. Because sir i cannot make it what exactly it is.

So i got my notes today
https://ibb.co/bCisGK(these were from june)

https://ibb.co/nhxnN9
https://ibb.co/jONZ29
https://ibb.co/cg9p29

There is s.16(1c) and s.15(1) written in Notes 1
Everyones input is appreciated=)

If you were called for an interview, it will not be disclosed in the GCMS notes. Usually the interview is to verify your details, so carry all your documents and just answer the questions they may have. Usually, most interviews are for employment verification.

 

[legalfalcon]

@legalfalcon
Hi legalfalcon,
Your generous help for all the frustrated applicants are really appreciated.
My timeline:
AOR: February 21
MP: April 20
...
I got my GMCS notes back today. Eligibility, criminality, medical are all passed, but it seems that I stuck in Security check. I am not sure if I am under security screening, could you please help me to understand my GCMS notes? If you are willing to help, could you provide me your email so that I can sent my full GCMS notes to you. Thanks so much!

It is humanly impossible to review individual GCMS notes. I used to do it until January 2017. Can't do it anymore. However, if you have a specific issue, you can post it here and I will be happy to address it. Most GCMS notes are very easy to review and read on your own.

 

[legalfalcon]

Hi legal falcon, in my recent notes generated in august, I found 1 more activity if security is added. Now I have 4 security screening activities. Should I assume that it will be completed soon.

Most GCMS notes will have 4 security activities and then PPR. Unless you are in SS, you can expect the decision soon on your application.,

 

[legalfalcon]

Hi @legalfalcon
yesterday, received schedule-a form to submit in 7 days. I have few queries on that -
In the request letter, it is written - "A separate and newly completed Schedule A Background Declaration form (IMM5669) bearing an original signature. Please note that you must provide details since the age of 18 or the past 10 years. Be sure to not leave any gaps."
1. Do i need to fill section 8(personal history) and section 12(employment history) ? or all sections ?
2. one of the column has not sufficient space - complete street address, how to tackle this ?
3. no of rows are not sufficient in personal history, how to handle this ? shall i print the same page of the form or should i mention in word doc file ?
4. Do i need to sign all the pages or only the form ?
5. is there a way to check my personal history details which i submitted after ITA received ?

Many thanks

1. You have to fill the entire form.
2. You can add a blank paper at the end of the form and input the information there. In the corresponding section mention that the info is listed at the end on another paper.
3. see above.
4. Only the form, where asked. No need to sign all the pages.
5. Yes, you can go back to your form in the MyCIC and check it there.

 

[legalfalcon]

Thank you for replying.
How long do we have to submit the documents?
As you must be aware, getting these documents from office can take a long time.

After you receive the ITA, you have 60 days to submit your complete application with all supporting documents/

 

[legalfalcon]

Hello @legalfalcon i have a question related to schedule a. Even though I have not received it yet but I am pretty sure that I will be asked for it.

My work permit expired on 19 May 2015 and I applied for extension on 1 May 2015. Cic issued a letter on 15 June 2015 . The letter stated that since I failed to pay complete fee so my file is being returned as incomplete and since this happened after the expiry of my permit I could not apply again. I got that letter in my hand on 6 July 2015 and that’s when I quit working I kept on working till this day unknowingly and upon knowing I resigned.

So in filling schedule A when I would be asked about my status in Canada from 19 May 2015 to 15 June 2015 and between 16 June 2015 to 6 July 2015 what should I write? Implied/restoration/out of status or what.

Until you receive a decision on your application, you are deemed to be in status, this is what you will write.

 

[legalfalcon]

Hello

I have a question about Job verification letter. My employer mentioned job duties, full-time and the annual salary but he did not mention the number of hours. Would that be a problem if the job letter doesn't state number of hours?

Yes, number of hours is mandatory. It has to be there. You have to be employed full-time and for IRCC that is over 35 / 35 hrs per week.

 

[legalfalcon]

I have filed my application for PR through an immigration lawyer.
So my doubt is : Do i need to ask him to order gcms?
Or can i order gcms by myself with the help of my friend in canada?

You can order the GCMS notes yourself, you do not need your lawyer to do it. If you ask him to do it, that is also an option.

For GCMS notes see - https://www.getgcms.com/blog/gcms-notes-look-like-order/

 

[legalfalcon]

Thank you so much @legalfalcon sir, that was really helpful. Mohammed is a title but it is counted as part of the given name, let's say "Mohammed Tayyab" is the full given name of my dad and "Khan" counts as a surname/family name.

So, would it be my dad who needs to make an affidavit or would it be me?

It would be your dad who need to make the affidavit. Make sure that in the affidavit you mention his passport number and enclose a copy of it with the affidavit.

 

[legalfalcon]

Hi @legalfalcon ,

AOR 12th August 2018,

Lets see if i complete/clear IP1 then what does that mean?
Did i clear eligibility and criminal checks?

Thanks

There is no IP or IP1 stage. All application go through the following:

R10
Criminality
Medicals
Eligibility
Security

To read more see - https://www.getgcms.com/blog/express-entry-application-processed/

No one can predict at what stage your application is at. For that you will need GCMS notes, or you can wait it out.

 

[legalfalcon]

Hi @legalfalcon

I have received my PPR today. I would like to thank you for your valuable suggestions throughout the entire visa process.

Thank you!!

Heartiest Congratulations!! All the best for the journey ahead!

 

[legalfalcon]

Hi @legalfalcon can you please tell me what is balance of probabilities clause

The phrase balance of probabilities appears in a lot of legal statutes. From evidence, immigration, criminal law etc. It is in which context you are asking, that is important?