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

[legalfalcon]

Hi @legalfalcon,

Propose of travel for mom to be like helping me to settle down in Canada means she ll be an emotional and mental support in early Canada days for me which can be hard. For instance, finalizing accommodation, buying home decor, looking for a job, etc.

So do you think this purpose of travel is strong enough? Or second option is she can tell that she just want to visit Canada with me for visiting beautiful places as a tourist. So do you think the former purpose is stronger or rather the later one? Thanks

Applications are not evaluated based on the purpose of travel. It is the totality of evidence that you submit that is taken into consideration. Also, you can't make things up just because they look strong.

The law is very clear:

You have an obligation to be truthful. Section 16(1) of the IRPA states:

• 16 (1) A person who makes an application must answer truthfully all questions put to them for the purpose of the examination and must produce a visa and all relevant evidence and documents that the officer reasonably requires.

See Tuiran v. Canada (Citizenship and Immigration), 2018 FC 324 (CanLII), <http://canlii.ca/t/hr59k>
Alalami v. Canada (Citizenship and Immigration), 2018 FC 328 (CanLII), <http://canlii.ca/t/hr6r1>

 

[legalfalcon]

Hi @legalfalcon , could you help me out with this:


In the personal history section, there are two questions:
1. Has ___________ been refused refugee status, or an immigrant or permanent resident visa (including a Certificat de sélection du Québec (CSQ) or application to the Provincial nominee Program) or visitor or temporary resident visa, to Canada or any other country?
2. Has ___________ ever been refused a visa or permit, denied entry or ordered to leave Canada or any other country?


In 2020, I was stranded in the US with no flights back to my home country, so I applied for a transition to a B2 visitor visa to maintain legal status in the country. I then managed to catch a flight back before my original visa expired, so the transition visa was denied by default.

Question is, does this fall under question 1 or 2? To me it seems it can fall under either (i have bolded the relevant parts).

I have an official notice from US immigration, which uses the word "denied" with regard to my application. Here are the exact words:

"
You were admitted as F-1 nonimmigrant on ________. A review of Department of Homeland
Security (DHS) records reveals that you departed the United States on _______, while your
change of status request was pending. This departure from the United States constitutes abandonment
of your request for change of nonimmigrant status. Therefore, you are not eligible for the immigration
benefit being sought and your request to change status is denied. "

I do not provide legal advice on public forums. You can browse through my previous posts where this has been addressed. Since I am not privy to your documents, I cannot comment on them.

 

[Midnight Blessing]

Applications are not evaluated based on the purpose of travel. It is the totality of evidence that you submit that is taken into consideration. Also, you can't make things up just because they look strong.

The law is very clear:

You have an obligation to be truthful. Section 16(1) of the IRPA states:

• 16 (1) A person who makes an application must answer truthfully all questions put to them for the purpose of the examination and must produce a visa and all relevant evidence and documents that the officer reasonably requires.

See Tuiran v. Canada (Citizenship and Immigration), 2018 FC 324 (CanLII), <http://canlii.ca/t/hr59k>
Alalami v. Canada (Citizenship and Immigration), 2018 FC 328 (CanLII), <http://canlii.ca/t/hr6r1>

@legalfalcon thanks for your reply.

Actually all the reasons mentioned above like my mom will be an emotional and mental support for me in my initial days in Canada as well as she will be traveling to many tourist places with me is true. It's just that I am trying to figure out which reasons of travel would make more sense to the VO to approve the application. So, what do you think about this?

Also, I have seen some applications getting rejected letter where the VO mentioned that they are not convinced that the purpose of visit is consistent with a temporary stay given by the details. so can you please share what does it mean? Why might the VO thinks the purpose is not consistent with the temporary stay? thanks and will really appreciate your feedback on the above.

 

[agnes0910]

@legalfalcon
I appreciate if you can help me to figure out if I needed an UPFRONT medical. It seems that my consultant just waiting and not following on my case. Thank you in advance.
Request Date: 08/25/2022

Restricted: No
Label: General
Office: Centralize Intake Office
Text:
Sponsor Eligibility Decision: Passed. GCMS check: No relevant/material information found. Correct feed received and allocated. Client will be advised via decision letter from CIO that: An original Upfront Medical Report (IMM1017B UPFRONT) signed by a Panel Physician, or an E-Medical Up-front Medical Notification information sheet has not been provided. Your relative must complete the medical and once completed forward this information directly to the visa office noted above along with a copy of this letter. Your application has been transferred to the visa office noting this deficiency. Your relative must also forward the medical information directly to the visa office to allow continued processing of his/her application. Failure to do so will result in delays and possible refusal of your relative’s application. Authorized representative verified to be in a good status. SPR is a Canadian citizen residing in Canada. SPR landed on--------- as a ND2 PA is Sponsor’s niece Size of the Family unit includes: -SPR- PA – PA’ spouse TOTAL: 3
R.11 based on: valid and legal status in country of residence – UAE: London application locked in on 2021-08-23. Case forwarded to visa office for processing.

ASSESSMENTS
Eligibility: Not started
Security: Not started
HIRV:
Criminality: In Progress
Org Crime:
Medical: Not Started
Info Sharing: In Progress

Paper File:
Office: London
Location: E-Registry


Hello. Just to clarify if they are requesting for an upfront medical? As you can see medical was not started and since then I haven't received a medical request
Timeline:
Application sent: August 23, 2021
AOR 1: December 13, 2021
Biometrics done: Dec 15, 2021
AOR2: Dec 22, 2021 started processing the application

 

[Chaman Jhinga]

Hi @legalfalcon
I got married in an online marriage ceremony.
I have read on Cic website that IRCC doesn’t accept online marriage.
What shall I do now? Please guide me.

 

[legalfalcon]

Hi @legalfalcon
I got married in an online marriage ceremony.
I have read on Cic website that IRCC doesn’t accept online marriage.
What shall I do now? Please guide me.

See https://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=1081&top=14


Does IRCC recognize marriages conducted by proxy, telephone, internet and fax?
No. We don’t recognize these types of marriages. If one or both parties are not physically present at the ceremony, we won’t recognize the marriage.
You may be exempt from this rule if:

• Your application was received before June 10, 2015, or
• You are a member of the Canadian Armed Forces.The marriage may be recognized if:
  • You could not be physically present at your marriage ceremony, because of travel restrictions related to your service,
  • the marriage took place outside of Canada, and
  • It was registered in a country where marriage by proxy is legal.

 

[GandiBaat]

@legalfalcon Can a PR enter Canada with just Passport, CoPR, Permanent SIN and provincial ID (like BCID)? I am not talking about travelling using an airplane or a train etc. I am talking about walking up to the post and requesting entry into Canada. Like on foot? Or taking taxi upto say border and then walking to Canadian post from there on. For example in Peace Arch, Douglas Rd BC it is possible to walk up to the border canadian port of entry from US.

More generally, if a Canadian PR with no RO issues has a US Visa and they travel from a 3rd country like India to USA and then tries to enter Canada without PR card as I mentioned above will they have issues in entering Canada?

 

[Fargoloz]

@legalfalcon Hi

I consulted many people here and there! I delayed my flight 2 times! tomorrow is my last chance!

I hope you can help here!
I am on work permit under SUV. Entrepreneur.
TRV & WP expire on December 14
Applied for extension on Sep 17
Got a letter from IRCC stating that I am on Maintained status and if I leave and re enter I will lose work permit!

I have to leave for just 15 days, so both TRV & WP are still valid for another month!

Am I losing my work permit? Is it going to cause problems for my current application or family as I am the main applicant?

Please Advise!

 

[Gunik1123]

Hello @legalfalcon ,

I got an PR via OINP nomination and subsequent Express entry FSW and have been working in MNC IT Company in Toronto for the last 3 months .

Now, existing employer is planning to transfer / relocate me to their Calgary (Alberta) office due to business requirements.

So can you please advise that is it advisable to get shifted to another province ( Alberta ) apart from provinces (Ontario ) who had given me nomination during the PR Processing stage due to employer business requirement and in future will such a step create any issues / hindrance during the citizenship process ?

Thanks

 

[KP29]

Dear @legalfalcon

I have received an ITA.I moved from Canada to my home country on April 1st and came back to Canada on October 19th. I have a PCC issued on 9th September. Do you think I can submit this as a valid PCC? Or should I apply for a new one?
Do you advise I submit my e-APR with my invalid PCC(assuming it is invalid) and submit a new PCC as a webform? Is it a possible scenario?
Or Should I decline this ITA and submit for a new PCC and hope to get another ITA and then submit for a PR with the latest PCC?
Your reply/help is highly appreciated!
Thank you
KP

 

[amanda1639]

Can anyone help me to understant this GCMS notes?
Notes: 1
Created Date: 2022/07/26
Updated Date: 2022/07/26
Restricted: N
Label: Integrity
Office: Centralized Intake Office
My case didn't update since 2022/07/28 I got the GU3. My security check is not started.
I am not sure what means of this note?
Thank you.

 

[hyjkvvv]

Hi @legalfalcon

Background: I submitted CEC with claiming 50 points for arranged employment. I have been working for the employer for 1 year under LMIA closed work permit.

The problem is my current job offer (which was submitted for CEC) was signed after I worked 0.5 year for my employer with the period"permenant" and same title as my original offer, BUT this job offer added several new job duties and changed a few details of my original duties, compared with my original job offer which was submitted for LMIA+work permit.

I was wondering whether this current job offer actually not qualifies for 50 points any longer and what's your opinion and suggestion?

Thanks!

 

[legalfalcon]

Hi @legalfalcon

Background: I submitted CEC with claiming 50 points for arranged employment. I have been working for the employer for 1 year under LMIA closed work permit.

The problem is my current job offer (which was submitted for CEC) was signed after I worked 0.5 year for my employer with the period"permenant" and same title as my original offer, BUT this job offer added several new job duties and changed a few details of my original duties, compared with my original job offer which was submitted for LMIA+work permit.

I was wondering whether this current job offer actually not qualifies for 50 points any longer and what's your opinion and suggestion?

Thanks!

As you continue to work for an employer, over time your job duties may change which is not an issue. You can explain this in a LoE. To claim points for the arranged job, the job offer has to meet the following:

• The offer is from a Canadian employer and is for a full-time, non-seasonal job for at least one year or more
• that job offer is supported by an LMIA, OR
• the job is exempt from needing an LMIA.

 

[legalfalcon]

Dear @legalfalcon

I have received an ITA.I moved from Canada to my home country on April 1st and came back to Canada on October 19th. I have a PCC issued on 9th September. Do you think I can submit this as a valid PCC? Or should I apply for a new one?
Do you advise I submit my e-APR with my invalid PCC(assuming it is invalid) and submit a new PCC as a webform? Is it a possible scenario?
Or Should I decline this ITA and submit for a new PCC and hope to get another ITA and then submit for a PR with the latest PCC?
Your reply/help is highly appreciated!
Thank you
KP

As per IRCC:

• For the applicant’s current country of residence, the police certificate must have been issued no more than 6 months before the submission of the e-APR.
• For countries in which the applicant no longer resides, the police certificate must have been issued after the last time the applicant stayed in that country for 6 months or more in a row.

If you are running out of time and cannot obtain a new PCC, you can submit your application with the current PCC and an LoE explaining the situation with proof that a new PCC has been applied. Proof should include the application and proof of payment for the new PCC. Once you receive a PCC, you can then submit it via webform.

 

[hyjkvvv]

As you continue to work for an employer, over time your job duties may change which is not an issue. You can explain this in a LoE. To claim points for the arranged job, the job offer has to meet the following:

• The offer is from a Canadian employer and is for a full-time, non-seasonal job for at least one year or more
• that job offer is supported by an LMIA, OR
• the job is exempt from needing an LMIA.

Hi @legalfalcon

as you mentioned: "that job offer is supported by an LMIA, OR"......My concern is that my current offer (with the changes of duties) was not assessed by LMIA again, so could it be eligible as "supported by LMIA"?

Another question is that do you know how would the content of "qualifying offer" check be like IN GCMS NOTES? in other words, what's the check point of a qualifying offer under LMIA be like?(eg. at least 1 year after PR is a must, and is there any check point like "offer assessed by LMIA"?)

Thanks