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

[legalfalcon]

@legalfalcon I am a PNP-O candidate. Currently in NA2 stage. I have received additional document request to provide IMM 5604 form. I am a single mother. My ex husband is in the US and I live with my child in India. My son is a US citizen. My ex continues to live in the US and has not visited the child since divorce though he has visitation rights. I tried to reach him several times and he is not responding. I am not sure how to get this letter as it seems to be a show stopper. I have to respond by the 10th of Jan 2018 with the document. Will it help if I provide evidence that I tried reaching him with no response?

You have two options:

1. You can file an affidavit affirming that since your separation, even though your spouse has visitation rights, he has not visited the child and all the responsibilities pertaining to the child are born by you. Also, what does your separation / divorce judgment say about the custody of the child.

2. You can file a case in the courts in India for absolute custody and requesting to revoke the hint custody and use that as an evidence.

 

[legalfalcon]

Hi @legalfalcon ,

is this a normal trend:

FSW/O
AOR: 25/08/2017
Meds Passed / IP1: 09/09/2017
NA2: 11/09/2017
IP2: 22/09/2017
NA3: 01/12/2017
IP2 AGAIN today my BG status changed again from NA to "We are processing your background check etc.."

Is this normal ? IP2 - NA - IP2 ?
According to GCMS I went into Security Screening on September 22nd. Could those updates be related to that? And in your experience, is that a good sign towards the progress of SS or....

thanks for your insights my man

First of all there is nothing a NA IP etc. They are based on your status messages on MyCIC and has no relation with what stage your application is at, Instead see the dates for when R10 was passed, When eligibility was Passed, when Criminality was passed etc.

When you say security screening, it only happens after eligibility is passed. Also security is different from security screening.

 

[legalfalcon]

Hi @legalfalcon

I am going to do a soft landing in Canada and return to my home country to complete a current work contract.
I was just wondering if once I have completed my landing (which is equal to becoming a permanent resident of Canada- is this right?), will I be able to start filing tax forms in Canada and have that count toward the requirements to apply for citizenship later on?

The CIC website says that one of the requirements to apply for Canadian citizenship after a person becomes a permanent resident is that one must "meet your personal income tax filing obligations in three tax years". I was just wondering if it is possible to start filing tax even when I am a permanent resident but residing outside of Canada for at least the first year out of the 5 year period?

Any insight on this will be greatly appreciated. Thank you!

After you land and are admitted as a Permanent resident, you become a PR. Once of the requirements for applying for citizenship is filing all your tax returns. Even if you do not make any money, one should file tax returns.

If you are not residing in Canada, there are many factors which will play to determine if you are a resident for tax purposes in Canada. It is advisable to consult a CPA to make sure that you are compliant.

If you have established ties in a country that Canada has a tax treaty with and you are considered to be a resident of that country, but you are otherwise a factual resident of Canada, meaning you maintain significant residential ties with Canada, you may be considered a deemed non-resident of Canada for tax purposes.

You become a deemed non-resident of Canada when your ties with the other country become such that, under the tax treaty that Canada has with the other country, you would be considered a resident of that other country. As a deemed non-resident, the same rules apply to you as a non-resident of Canada.

 

[djshshajtm]

Thank you @legalfalcon
I know its not easy and so here is to you.
Cheers, mate.

 

[legalfalcon]

Hello @legalfalcon, I've been following your threads. So helpful! I ordered my Notes from GETGCMS (Excellent service) and got them less than a month later. I'm June 10 AOR, latest update according to the notes was on October 19, in the LVO which is in Paris. Assessments: Passed medicals, criminality passed. Eligibility not started. R10 completed on July 10.

Here's a screenshot, any idea how promising that sounds? Thank you so much! https://m.imgur.com/a/C9kvN

PS: About that one year experience note: I claimed points for it but couldn't provide an employment letter. However, I provided many proofs including email exchange of me asking for it and the company's refusal, a signed declaration from a past coworker with a copy of her employment letter, many job related email exchanges between my former boss and I in which he was asking me to do tasks which are consistent with my NOC.

I also ordered a second set yesterday, is it okay to keep ordering notes? Thank you so much.

Your notes look good, nothing wrong with them. The eligibility on page 2 of the GCMS notes will change to passed when the agent makes a final determination. The note makes everything clear, however does not say recommended passed or passed etc. He may defer this to the LVO if the agent is unsure of the local situation.

Hopefully your next set will have some more info.

 

[legalfalcon]

Hi @legalfalcon. I've sent you a PM, please check it. Thank you

Will revert back soon.

 

[legalfalcon]

Hi @legalfalcon ,

My AOR is 3 May 2017 under CEC

I just spoke with an agent on the phone today and she told me my Eligibility, Medical, and Security are all passed, except Criminality. Then she started explaining to me that this part is done by other agency (I remember she mentioned something about cbsa or csis) and cic have no control on how long it would take. She said the process could take up to 6 months - 1 year. She asked me to call back again if I don’t hear from them by early February.

I’m a little confused here...from my understand security check should be the last part which deals with cbsa/csis.

Does it make sense to you when she said Security is passed but not Criminality?
Or when she said Criminality she actually meant to say Security?

Also do I look like I’m under security screening? I believe I passed my eligibility in Dec, after they called my previous employer for employment verification.

I understand GCMS note would be able to provide me with more information however I havent applied for it. I would appreciate any of your advise or insight. Thanks!

Criminality is usually based on PCC. Since you are a CEC, have you submitted the RCMP PCC? Did you do it with your application or later when you were asked for it.

For CEC and Canada inland applicants the criminality is the last stage. If your security is cleared, then you have nothing to worry and CSIS and CBSA has already cleared your file. Unless you have a criminal history in Canada, you should expect PPR soon.

 

[legalfalcon]

Hi @legalfalcon ,

I hope you are fine and having a great day. I was suggested by someone to ask you about the problem I am facing right now and so here I am. I am an applicant for EE FSW program and in the process of submitting my eAPR within the next 10 days hopefully. I arranged my proof of funds (gift deed from father) back when the exchange rate was lower (around 82 for CAD to PKR). Even then I made sure to have a good deal of safety margin, so I arranged at an estimate of 87. Just recently the exchange rate took a sudden sharp hike/jump and is nearly 90 now, so I am falling short on the Proof of Funds requirement. This is something I was not anticipating at all. What should I do now? Do I just top up my account to account for the deficit, which @ an exchange rate of 93, again with a safety margin, would be another 140K PKR in my case (I have to show $23K CAD), which again is not a trivial amount to just top up my account with. Or get another gift deed (2nd gift deed) from my father stating that in light of the recent currency devaluation he is gifting me the required remaining amount again. Or just get a gift from father (2nd gift deed) to account for the deficit without mentioning this currency depreciation or exchange rate increase. Or is there any other way to tackle this problem. Also, do I need any letter from the bank or just my bank statements and the gift deed(s) and affidavit(s) from my father would do. I would immensely appreciate any help you could provide me with in this regard. Thank you in anticipation

Best,
Lazy

You have two options:
1. You can top top the account and get a new gift deed and in the LoE explain that the latest transfer due to the currency fluctuation.

2. You can simply top up your account, and as long as you can show where the funds came from, you are all good.

In any case, a letter from the bank, your account statements, gift deed, and explanation in LoE

 

[legalfalcon]

Hi legalfalcon,

Firstly, I would like to thank you for your generosity to help every one of us in clearing our immigration doubts. I have a question regarding my IELTS test which I took recently for my EE profile which I will create soon.

I got scores as L: 8, W: 6, R: 7.5, S: 7

I did not expect band 6 in writing, I would like to take your suggestion if I should go for remarking for my writing module or not?
Because from what I had written, I doubt that I deserve 6. Could you please provide some insight on this based on your experience? OR
if you could refer me to some IELTS expert who did their remarking and their score was improved?

Also, if I go for remarking is there a chance that my original score might decrease as well?

Thank you and I look forward hearing from you!

This is very subjective. Its all about self evaluation. If you feel that you deserve a better score, by all means go for reevaluation. IELTS website does say that the score could go down, but it rarely happens. If you are confident that you should have received a better score, simply re-take the IELTS.

You can make a profile with the existing score, and if your score improves you can amend your profile.

 

[ktmktm]

Criminality is usually based on PCC. Since you are a CEC, have you submitted the RCMP PCC? Did you do it with your application or later when you were asked for it.

For CEC and Canada inland applicants the criminality is the last stage. If your security is cleared, then you have nothing to worry and CSIS and CBSA has already cleared your file. Unless you have a criminal history in Canada, you should expect PPR soon.

Thank you for your reply!

I have already included rcmp when I submitted my application in May.

However in August cic asked for pcc from my home country, Hong Kong. HK is one of those countries that requires an official request letter from cic for issuing pcc and they mail it directly back to cic. That process alone took 50-60 days, and I couldn’t apply it upfront either...

I don’t have criminal history in both canada and HK. I hope ppr would come soon.

 

[ahsanemirates]

Dear legal falcon,
May 24 AOR, Medical expiring in March 2018, got a message in cic account to retake the medical test and IM1017E was attached for only me . I have applied for family of 4 and my 3 other family members Medical is expiring in APril2018, how ever only I got the request for Medical not my family members . Is it normal or cic will again ask for family Medical again next month .

 

[legalfalcon]

Dear legal falcon,
May 24 AOR, Medical expiring in March 2018, got a message in cic account to retake the medical test and IM1017E was attached for only me . I have applied for family of 4 and my 3 other family members Medical is expiring in APril2018, how ever only I got the request for Medical not my family members . Is it normal or cic will again ask for family Medical again next month .

YEs, this is normal. In most cases IRCC will renew the medicals for dependent applicants. However, after you get your medicals again, raise a CSE and confirm with IRCC about your dependent members. In the same message, politely request IRCC to renew the medicals for your dependent members.

 

[legalfalcon]

Thank you for your reply!

I have already included rcmp when I submitted my application in May.

However in August cic asked for pcc from my home country, Hong Kong. HK is one of those countries that requires an official request letter from cic for issuing pcc and they mail it directly back to cic. That process alone took 50-60 days, and I couldn’t apply it upfront either...

I don’t have criminal history in both canada and HK. I hope ppr would come soon.

When an ADR message is sent the application is put on hold. Given that your HK PCC came in late, your application was put on hold and no progress pertaining to criminality took place.

However, no need to worry as all the documents are now in and its just a matter of time.

 

[jackdawn]

Dear Legalfalcon,

In EE i have shown around 11 years of work experience ( 3 companies with 7 years, 2 years and 2 yrs), im claiming points for my current company with 7 yrs exp.i received ITA and while filing eAPR can i remove the rest two companies with 2yrs exp each as i dont have reference letters for them.

will it be a problem if i remove from eAPR?

Can i show them in personal history?

Pls clarify

 

[Dhyom]

Yes, it will be fine, as long as you explain this in LoE, include previous letters. Obviously your application will be scrutinized minutely.

Thanks a lot Legalfalcon. Kindly help and tell by LoE u mean explanation? What should be written in that? I mean we can't support our fake experience now as they have already caught so it means we accept and tell that it was fake in that letter?
Also I remember that when 5 years back our consultant told about rejection, he asked my husband to write a letter to explain that he was unable to answer the VO questions and was not at workplace at the time he called because he was not well and was on leave from many days and we did it in hope that VO might change his mind but now I understand we took all this so lightly as we did not know the abc of all the process that time and just followed the consultants blindly.

Now only im realizing we shouldn't have written that letter if it's the same what you are asking to write now.
What to do now? Is there any way out?

Yes, people dumb like us exist!
I'm learning a lot and educating myself from this forum now..
Pls guide..pls!
Thanks.