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[legalfalcon]

Hi @legalfalcon , I really need your guidance in my case. This topic has been widely discussed across forums but I'll still appreciate if you could spare some time to advise me. I'm currently working full time in Montreal since February last year on closed work permit. Even before I accepted the job offer in Montreal, I requested my employer for Toronto location but they cared least about my request. However, I took this job offer to eventually gain points towards Canadian experience class.

Soon I realized that I wouldn't qualify for express entry as I live in Quebec and to respect provincial & federal laws, I applied for CSQ last year in May but my application along with other 18000 applications were cancelled this year in January.

Now I'm really anxious in terms of my residence stability considering ongoing immigration instability in province and Quebec skilled worker program in disarray.

I do have an ITA from express entry and I intend to submit my documents in couple of weeks from now. As I understand, I'll have to write a letter of intention to reside outside of Quebec. I am applying for jobs outside Quebec and I'm receiving interests from employers to hire me but they take a step back as soon as they know about my status in Canada which is closed work permit. They even recommend me to obtain PR first and then they would be happy to hire me. I have all this written in emails from employers.

I will write a letter of intent but I'm not sure if that would cut it unless I provide a strong proof such as Ontario lease agreement/letter from bank that I am transferring my account to Ontario.

Also, my work permit will expire next year by Feb, 2020. If I don't have COPR by September/October this year, my employer will start the process of work permit renewal. Will this be a problem to my PR application because in my PR application, I'm trying to show my intentions to leave Quebec, whereas on the other hand, employer is renewing my work permit in Quebec. Although, my priority is obtaining PR and not my job and if need be, I will happily resign but that will invalidate my status. I'm not sure what status I will have once I terminate my employment.

Also, is it possible to apply for BOWP as I will be submitting my PR application under CEC? I'm aware that Quebec residents are not eligible. Will I have to move my residence outside Quebec to get BOWP?

BOWP requirements merely say "Quebec residents are not eligible for a bridging open work permit. Instead, if you hold a valid Certificat de sélection du Québec, you may be eligible for an employer-specific work permit under Labour Market Exemption code A75."

It doesn't talk about applicants who don't hold a valid CSQ and have applied under CEC class. This also doesn't clearly indicate the meaning of term "resident". Does it simply indicate towards address in a province or resident is widely understood as tax resident?

Thanks for reading. I'm aware it was long but I'm loosing my sleep over it and would really appreciate your guidance. Should I also consult an immigration attorney and get my express entry application represented by a law firm? Thanks

You have raised a lot of questions. Here is a step by step answer:

1. It is true that you have to demonstrate your intention to reside outside Quebec if your apply under FSW. See https://www.canlii.org/en/ca/fct/doc/2016/2016fc131/2016fc131.html?searchUrlHash=AAAAAQAgaW50ZW50IHF1ZWJlYyBtY2dpbGwgaW1taWdyYXRpb24AAAAAAQ&resultIndex=2

Your letter of explanation has to be precise and should have logical persuasive explanation.

2. BOWP - if you have a QC WP, you cannot apply for BOWP, however, you can extend your current WP. This is because of the special status QC has. If you accept QC benefits, then you have to play by the QC rules. The term "resident" has been defined numerous times in law, and has different meaning depending on the law in use. Eg. a resident under tax law is different from resident under Immigration law. If you are residing in QC, have a QC DL, and are registered for QC provincial medical, you are a QC resident.

IF you have any more questions, feel free to ask.

 

[legalfalcon]

Thanks for your reply. I’m a Canadian citizen but have been exclusively living outside of Canada from past 4 years and also I had two kids that’s why I couldn’t get back to work.

My question is does it really effect the file if I’m not working. I have never filed or got social assistance. So I need to worry for this ?

If you are a citizen, then your employment status will not have any affect. If you would have been a PR, it would have. However, you still have to meet the definition of sponsor as per immigration law.

 

[M_A]

It can take 1-2 month for a decision or longer.

Yes, you can create a new profile and start the process again. You can withdraw your profile or your new application anytime.

thanks for your reply

 

[saani]

Hi @legalfalcon ... does request of CV and student info form cause delay in PR process? I completed 6 months and BG check still in progress as per IRCC agent. Eligibility passed.
Your thoughts please...

 

[anotherone11]

1. Yes
2. Yes.

Send an email to CPC Ottawa and also rain e aCSE explaining the situation and requesting that your spouse's passport may be submitted in Canada. It will take 1-2 weeks for your to get the confirmation. But you can send you passport to Delhi with a letter in it stating the same.

Thank you sir for the suggestion.

 

[Maitreyi]

Hi @legalfalcon,
HI, I am new in these forum , curious to know about due date in Gcms due date.
Does it mean that CIC will process my application after due date. I am OID applicant already completed my 12 month after application submission .I have not recieved my Medical request yet.
Need help please give me some input.

 

[jojee2k6]

You cannot add your baby unless it is born. Since your baby will be a Canadian citizen by birth, you do not have to include him in the application. You only have to provide his passport details and birth certificate.

If you file your application before your child is born, you can send the child's details later via CSE.

Thanks, what if Baby is born before I submit eAOR? As eventually my wife will go to medicals after delivery, then will submit all docs in response to ITA....in that case should I add baby in ITA application? And how should I add?

 

[prem2091]

You can list all your family members and explain in LoE, why you did not mention them when you filed your student visa application.

Thank you so much for your reply. I have two more questions. 1. Should we send the LOE beforehand or later if they ask for it. 2. what explanation can be written that will look genuine to IRCC?

 

[Spaturkar]

Hi guys,

I am a january 2019 AOR. I just got off the phone with IRCC agent and he told me the status of my file.

Eligibility: not started
Medicals: passed
Criminality: passed
Security: not started

Now my question is can criminality pass before eligibility is even started? I am a bit confused as I havent read anything like this before on this forum. My file is being proceesed at sysney, nova scotia. Guidance would be appreciated thanks

 

[NZ_ozzie]

Now my question is can criminality pass before eligibility is even started? I am a bit confused as I havent read anything like this before on this forum. My file is being proceesed at sysney, nova scotia. Guidance would be appreciated thanks

These days everything seems to be done concurrently....Very normal....You should not be worried but happy that they are working on your file quicker...All the best

 

[iluvtomorrowland]

You have raised a lot of questions. Here is a step by step answer:

1. It is true that you have to demonstrate your intention to reside outside Quebec if your apply under FSW. See https://www.canlii.org/en/ca/fct/doc/2016/2016fc131/2016fc131.html?searchUrlHash=AAAAAQAgaW50ZW50IHF1ZWJlYyBtY2dpbGwgaW1taWdyYXRpb24AAAAAAQ&resultIndex=2

Your letter of explanation has to be precise and should have logical persuasive explanation.

2. BOWP - if you have a QC WP, you cannot apply for BOWP, however, you can extend your current WP. This is because of the special status QC has. If you accept QC benefits, then you have to play by the QC rules. The term "resident" has been defined numerous times in law, and has different meaning depending on the law in use. Eg. a resident under tax law is different from resident under Immigration law. If you are residing in QC, have a QC DL, and are registered for QC provincial medical, you are a QC resident.

IF you have any more questions, feel free to ask.

Thank you so much for your response. I'm drafting an intention of letter and will get it reviewed by an immigration attorney. I would like to get it reviewed by you as well if you're comfortable with it.

I don't have a QC DL, however, I do have QC provincial card. I'm not sure if leasing an apartment in Ontario will help me get BOWP. I can work remotely if need be.

Regarding WP extension in QC - without CSQ, my employer will have to get CAQ and LMIA. They are fine with it but I am not because in my express entry application, I'm trying to show intentions to reside outside Quebec whereas work permit extension through LMIA and CAQ negates my intention to leave Quebec. I will have two contradicting applications in the system which can lead to refusal of PR. Do you have any thoughts about this?

 

[pursuit_of_happiness]

No, IRCC only accept residential postal addresses. PO Box addresses are not allowed.

Actually , USPS doesn’t provide address in the form of P.O. Box , it’s like any other residential address. Will it work if the address is in the format of residential address ? Like my name , street name , suit number bla bla ..

 

[legalfalcon]

Actually , USPS doesn’t provide address in the form of P.O. Box , it’s like any other residential address. Will it work if the address is in the format of residential address ? Like my name , street name , suit number bla bla ..

Yes, that will work.

 

[legalfalcon]

Hi @legalfalcon,
HI, I am new in these forum , curious to know about due date in Gcms due date.
Does it mean that CIC will process my application after due date. I am OID applicant already completed my 12 month after application submission .I have not recieved my Medical request yet.
Need help please give me some input.

The due date is a system generated date. It has no significance.

This date usually is a reminder when an officer will be notified of the application.

 

[legalfalcon]

Hi @legalfalcon ... does request of CV and student info form cause delay in PR process? I completed 6 months and BG check still in progress as per IRCC agent. Eligibility passed.
Your thoughts please...

If you have a PhD or are pursuing one, or a degree in sciences, this is a routine request for back ground check. However, if you do end up in security screening, it may take longer.