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

[legalfalcon]

@legalfalcon
Good morning, I'd like to start off by saying Happy Holidays and hope you're well. I am going to try to summarize my situation:
Applied under the CEC on Feb 2019
April 2019 got first charge ever: charged with alleged harrassment of ex partner
January 2020 application refused on grounds that i took plea: conditional discharge 12 months probation
Filed for judicial review January 2020
Covid hit March 2020 which delayed things but got a settlement offer from DOJ in September 2020
Settlement offer says upon receiving Notice of discontinuance they'd reopen my file, give me a chance to submit additional information and process at no cost.
Soon as file got reopend in September 2020, got charged again for communicating with ex partner so i asked IRCC a 90 day extension as they had reopened my file and asked for additional information (documents showing the charge was dealt with)
Got extension till jan 7th 2021
Got charges dropped last month but no date found to physically go into court due to covid-19 and court backlogs so my criminal lawyer gave me a letter informing ircc of the resolution between the defense and crown and that matter is resolved.
Here are my questions:
I submitted that letter last week, does that hold any weight in terms of showing them charges have being dropped?
Shouldn't they have just continued to process my application without needing additional documents as they reopened my file after realizing they made a mistake as a conditional discharge isn't a criminal record?
Is it true that files reopened under judicial review should be processed in priority and in 15 days from reopening?
Would i need new medicals and PCC eventhough PR was refused through fault of their own and reopened after medicals expired?
Does the new ircc officer in charge of my file reassess my application from scratch or reads the notes/reason why it was closed and reopened and simply look at the additional documents i submitted last week?
I have also being out of statua since July 2019 due to the charge and not knowing that said charge was delaying the processing of my PR, so i applied for a TRP in july 2020(as advised by my immigration lawyer) to be on the safe side but never heard back regarding that, nor does it show on myCIC. But when i called CIC on Monday i was told they see the TRP application. Now will i be refunded the 200$ should my PR be processed instead of the TRP application?

Please advise
Best regards

Which country were you charged in, it Canada or US? Under what offence were you charged? IF under Canadian Criminal code, was it s.264? Did you have a restraining order, were you convicted?

If your application was re-opened, you do not need documents, until you are asked for them.

When your file is re-opened, it will start from the stage that caused the refusal. Stages that have been passed, may be taken as is, unless there are changes to it, such a your medicals have expired, you have changed your country of residency etc.

TRV applications are different and unless your PRC application is processed and you become a PR, other applications are not conditional on it.

 

[mvneema10]

Hi @legalfalcon .
For address history, they have mentioned to add address to places where we lived last 10 years. During my last 10 years, I traveled to 3 countries where each stay duration was for 1 week(no more than that - purely vacation). Do I have to add those address in the address history section? Please advise.

 

[User2323]

Which country were you charged in, it Canada or US? Under what offence were you charged? IF under Canadian Criminal code, was it s.264? Did you have a restraining order, were you convicted?

If your application was re-opened, you do not need documents, until you are asked for them.

When your file is re-opened, it will start from the stage that caused the refusal. Stages that have been passed, may be taken as is, unless there are changes to it, such a your medicals have expired, you have changed your country of residency etc.

TRV applications are different and unless your PRC application is processed and you become a PR, other applications are not conditional on it.

I was charged in Canada, summarily s.127 but the crown has agreed to drop the charges but unfortunately due to covid-19 and court backlogs we will probably get a date in mid January to get the paperwork. So my lawyer issued me a letter informing IRCC that the charge has being dropped and we will get the paperwork once we get a date. My lawyer issued me that letter which i submitted to IRCC last week ad they reopened my file and asked for additional documents before Jan 7, 2021 or they'd close my file again.

I was giving a keep the peace/no contact order, i guess it is a restraining order, not sure. And no i was not convicted, just arrested and charged.

I am inland(Canada) since 2011, having moved since.
I did what IRCC askes and tried to submit additional information before January 7th, 2021 eventhough i didn't think i had to as they reopened my file after seeing their error. Now since i provided a letter from my lawyer and not court documents showing the charges have being dropped, does that hold any weight as additional documents?

 

[Yumna]

Hi @legalfalcon

Need help.
I received the bank letter from Samba bank in arabic (KSA)
however, my employer name is mentioned as per the iqama(Residence ID) but I work for a different company and profession.

How to explain this situation?
will it affect my application?

 

[legalfalcon]

Hi @legalfalcon

Need help.
I received the bank letter from Samba bank in arabic (KSA)
however, my employer name is mentioned as per the iqama(Residence ID) but I work for a different company and profession.

How to explain this situation?
will it affect my application?

You can explain it in a letter of explanation when you file your application.

 

[legalfalcon]

I was charged in Canada, summarily s.127 but the crown has agreed to drop the charges but unfortunately due to covid-19 and court backlogs we will probably get a date in mid January to get the paperwork. So my lawyer issued me a letter informing IRCC that the charge has being dropped and we will get the paperwork once we get a date. My lawyer issued me that letter which i submitted to IRCC last week ad they reopened my file and asked for additional documents before Jan 7, 2021 or they'd close my file again.

I was giving a keep the peace/no contact order, i guess it is a restraining order, not sure. And no i was not convicted, just arrested and charged.

I am inland(Canada) since 2011, having moved since.
I did what IRCC askes and tried to submit additional information before January 7th, 2021 eventhough i didn't think i had to as they reopened my file after seeing their error. Now since i provided a letter from my lawyer and not court documents showing the charges have being dropped, does that hold any weight as additional documents?

It holds a lot of weight. When you get a letter from a lawyer it carries almost the same weight as that of a court document. This is because lawyers in Canada are allowed to commission documents and make statements / provide written legal opinions. Such statements / documents given by lawyers are taken as factual. Any lawyer providing false info can be disciplined by the respective provincial law society.

Also, when it comes to criminality, Canadian lawyers often write opinion letters to IRCC explaining how a foreign criminal charge does not fall inder serious criminality and this wouldn't make the applicant criminally inadmissible which is taken as a strong piece of evidence.

Since you have submitted your lawyers letter, you need not be concerned.

 

[legalfalcon]

Hi @legalfalcon .
For address history, they have mentioned to add address to places where we lived last 10 years. During my last 10 years, I traveled to 3 countries where each stay duration was for 1 week(no more than that - purely vacation). Do I have to add those address in the address history section? Please advise.

You are not required to add your vacation addresses. Only addresses where you moved with an intention to stay for an indefinite period of time, such as a new country for job / study.

All vacation travel will form a part of your travel history.

 

[User2323]

It holds a lot of weight. When you get a letter from a lawyer it carries almost the same weight as that of a court document. This is because lawyers in Canada are allowed to commission documents and make statements / provide written legal opinions. Such statements / documents given by lawyers are taken as factual. Any lawyer providing false info can be disciplined by the respective provincial law society.

Also, when it comes to criminality, Canadian lawyers often write opinion letters to IRCC explaining how a foreign criminal charge does not fall inder serious criminality and this wouldn't make the applicant criminally inadmissible which is taken as a strong piece of evidence.

Since you have submitted your lawyers letter, you need not be concerned.

Thank you very much, i feel much more at ease knowing this. I appreciate the time you put in helping everyone on this forum.

 

[Yumna]

You can explain it in a letter of explanation when you file your application.

Thank you
But the bank letter is addressed to my employer (mentioned in my residence visa) stating that the person has no liabilities.
However the company I work for is different.

what can be done in this situation.

 

[Gabyor]

Are IRCC working today?

 

[legalfalcon]

Thank you
But the bank letter is addressed to my employer (mentioned in my residence visa) stating that the person has no liabilities.
However the company I work for is different.

what can be done in this situation.

If you can get another letter from the bank, you can tray that, if not, then the explanation in LoE would suffice.

 

[Yumna]

If you can get another letter from the bank, you can tray that, if not, then the explanation in LoE would suffice.

Thank you for your help.
Will try my luck tom.

If not then will produce LOE with 6 months bank statement.
Will this be a cause for rejection?

Apologies for being pessimist
Hope you understand

 

[legalfalcon]

Thank you for your help.
Will try my luck tom.

If not then will produce LOE with 6 months bank statement.
Will this be a cause for rejection?

Apologies for being pessimist
Hope you understand

As long as you meet the requirement, i.e. you have the funds in your account, you meet the 6 months average balance, and you have access to the funds, you are fine. You can meet this requirement directly by showing a bank account with all the details, or with additional documents that help you meet these requirements.

 

[ncrohith]

Hi All,

It's unfortunate that there are many pre-May 2020 AOR applicants who wait for the final approval (some are just waiting for the criminality to pass) while IRCC provides COPR for many Sept and Oct 2020 AORs. The blanket replay of "Every application has its own processing time" doesn't fly since most of the long-pending applications passed all the processing steps. It's just that some officer has to look at the file and make a final decision. A blame game on COVID is played only to hide IRCC's incapability of running a fair show. It looks like IRCC is trying to make some numbers for the 6 months processing record ignoring the ageing applications.

There is an option to file a complaint against IRCC's processes and performance - https://secure.cic.gc.ca/feedback-retroaction/feedback-retroaction-eng.aspx
I'm planning to submit a complaint.
Did anyone file a complaint here in the past and received a resolution? Is it worth submitting a complaint?

@legalfalcon What's your opinion and suggestion in this matter? Thank you for all your advice.

 

[Vv sam]

Hi @legalfalcon Please help with personal history, being a seafarer I am out at sea for 6 - 7 month employement contracts So,

1. while filling personal history I should mention those whole 7 months as employment and after that, the time spent at home which is sometimes 1 yr or long should be mentioned unemployed? and in this home time, there are often exams related to proficiency or some 3-4 days small courses, so this needs to be added separately or the unemployed will suffice?

2. while during time at sea I visit many countries on ship but when i put general dates of to and from then it says submit PCC as the time exceeds 6 months however, I was at sea during this time but system takes it as I am in place where I joined for that period?? Also I don't have data where ship visits as international trade.

kindly help this confused soul @legalfalcon