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

[legalfalcon]

@legalfalcon

One of my colleagues has applied from Montreal (Aor Jan) and he got an email for concerns on his intentions to leave Quebec. He has submitted LOE with proofs while submitting the application. The content of the message are:

Proof of residency : I have reviewed the information you provided and I am not Satisfied that you intent to reside outside Quebec at time of becoming a permanent resident. Please provide and updated address / new job offer/proof that you will complying with 87.1
(1) For the purposed of subsection 12(2) of the Act, the Canadian experience class is prescribed as a class of a person who may become permanent residents on the based of their ability to become economically established in Canada, their experience in Canada , and their intention to reside in a province other than province of Quebec.The information MUST satisfy an officer of your intention to reside outside Quebec at the time of become a permanent resident, and not merely after becoming a permanent resident. This be received at this office by (DATE)


A little background: He has studied in Vancouver in 2009, after that applied for jobs in Van but couldn't get any offer ( maybe recession time) move back to the country of origin worked and then moved to Aus on WP and then 2.5 years ago moved to Montreal on closed WP. During the last 10 years, he has applied for jobs in Vancouver and has all records which he submitted with his letter of intent. He mentioned in letter that due to nature of our industry which normally works on contracts and projects, preference is for PR as his visa for Quebec itself last time took 6/7 months so companies usually are not willing to wait that long and he will leave once get PR as it will be easier to get an offer. Ok and he is a single guy.He got a week to submit further proofs or intention and he submitted all job application and chats the same evening he got request and the next day not even 24 hours, he got the rejection email.


Now my scenario is somewhat similar yet different too. I came on closed WP to Vancouver, after 1-year Canadian experience applied for PR claiming job offer points, the contract didn't extend and lost 50 points hence PR application was refused. Applied for jobs in Van but hiring was slow , got offer from Montreal which I grabbed as only 5 months left for WP to end and didn't have enough points to apply for PR from Van ( Have to improve Ielts score and claim my spouse points) so moved , gave tests and got good CRS score without any offer and applied in March . I have applied for jobs outside MTL, had interviews but some have timings issue as my contract ending July and they want person now and some have preference for PR, even my Van company contacted me last year after my move but I have already joined so can't go back like that and have attached that email too in my LOE that I have submitted with application, I have also my earlier WP, pr application refusal reason and suggestion given by VO that is to improve English score and apply. I have attached all proofs of the job application, interviews emails, showed that July end is an ideal situation for me to leave as my tenancy and contract ending . I will leave Quebec as soon as I get an offer. Right now 2.5 months have already passed since AOR and my colleague got an email yesterday after 5 months of AOR. What will you suggest as a job offer from Van looks difficult and without job moving to Van can be done but risks involved as closed work permit so cannot work anywhere so have to pay from the pocket but don't know how long will take for decision. Some are waiting for the last 7/8 months. Your input and advice will be highly appreciated.

Give me some time, I am writing a post on this and will share soon.

 

[legalfalcon]

@legalfalcon or anyone else who can help.

Have you ever seen an application where criminality check was passed and then reopened to have "in process"?

I applied for BC PNP Express Entry on May 5, 2017.
I just got my CBSA notes and it says our (my common-law spouse and I) criminality checks were passed on August 3, 2017, and then on October 23, 2018, it was reopened to "in progress" and security still not started. And my file was transferred to the Caribbean (we are from there, but live and applied in Canada)

When I call or email I get the generic "we are working on it and will reach out to you if we need anything else". I also had the MP called and they just tell him that Background check takes as long as it takes because it's done through a third party service.

Do you have any suggestions on why it could be taking more than 2 years?

Thanks for your time.

Unfortunately when it comes to security or BGC, IRCC does not disclose the procedure or the timeline.

IF you are in security, you will have to wait it out.

 

[legalfalcon]

@legalfalcon
Can you please help me with selecting the most appropriate noc. Is it NOC 1111 or NOC 1311 for the roles and responsibilities listed down below.

I am confused as I dont have CA, CPA qualification requirements for NOC 1111 but as I was a part of iXBRL audit team of Ernst & Young which supports in tax filings for UK entities i feel the job description below matches NOC 1111.

Can you please review/edit the below R&R and suggest best noc ( My qualifications are BBA and MBA (Finance)

Roles and Responsibilities were:

· Supported the team in tagging of financial statements while ensuring compliance with financial reporting regulations, procedures and internal controls.

· Supported the team in reconciling the financial accounts provided by the entity to the signed financials available on the Companies House to ensure accuracy.

· Supported team in examining accounts to prepare detailed observations and discrepancies noted in work procedures and highlighting them timely to the concerned party.

· Supported the team in conversion of financial statements to create digitally tagged reports by tagging (mapping) the financial items to the elements within a taxonomy with the use of tagging software used for electronically filing of company tax returns and accounts to filing authorities.

· Assisted and supported in completion and submission of work in line with designated methodology adhering to tight reporting deadline.

· Assisted new staffs by means of coaching, guiding and performing first level quality check to verify the procedures used in tagging of financials.

· Supported team in preparing engagement trackers to track timely delivery of work to concerned party.

The rule of thumb is that the job duties you list in your reference letter should substantially (75% or more) match the job duties of the NOC selected.

Your designation, your educations does not matter when you are selecting the NOC.

 

[ibtee]

You only need to show the bank account that meets the PoF. If you can meet the PoF with the funds on just one account, you do not need to show other accounts. If you do not meet the PoF requirement with the fund sin one account, you can show multiple account with which you meet the PoF.

Thanks so much!

 

[hitc]

@legalfalcon
I was working in a PSU in India, which comes under a government ministry but it's kind of a semi-government job. I left the same job 1 year back and I am claiming points for the same. Now, after receiving my ITA, while filling "Personal Activity" section, it is being asked to "List any government positions (such as civil servant, judge, police officer, employee in a security organization) you have held."

I am confused regarding the entry which is required to be made. shall I enter "employment" or "government position". Also i read in one thread that if "government position" is mentioned then the same somehow delays your process.

I request you to kindly help in the same. It is very urgent. I will be thankful to you Sir.

 

[Therisaw]

Unfortunately when it comes to security or BGC, IRCC does not disclose the procedure or the timeline.

IF you are in security, you will have to wait it out.

Thanks for responding @legalfalcon. The problem is that i’m not in security check yet, that part says ‘not started’. However, my criminality check was passed in 2017, then now it’s reopened and says ‘in process ‘. So basically they are doing that process twice- is this something of that raises a red flag?

 

[hitc]

@legalfalcon
I was working in a PSU in India, which comes under a government ministry but it's kind of a semi-government job. I left the same job 1 year back and I am claiming points for the same. Now, after receiving my ITA, while filling "Personal Activity" section, it is being asked to "List any government positions (such as civil servant, judge, police officer, employee in a security organization) you have held."

I am confused regarding the entry which is required to be made. shall I enter "employment" or "government position". Also i read in one thread that if "government position" is mentioned then the same somehow delays your process.

I request you to kindly help in the same. It is very urgent. I will be thankful to you Sir.

Someone please help on this

 

[nikki1992]

Hi @legalfalcon

I have submitted reconsideration request 2 weeks back and last week I got a response saying that my request has been forwarded to the responsible office and I'll be hearing back from them. till now I haven't received any response from the VO yet and no changes in my application too. my question is ordering GCMS notes will make any difference?

Thanks.

 

[Usmz]

Give me some time, I am writing a post on this and will share soon.

Thanks a lot. I really advise on this and will be waiting for your post.

 

[Mndo1020]

@legalfalcon

please what this means now

first Gcm notes was : ADMISSIBILITIES
SECURITY
second Gcm notes is : ADMISSIBILITIES
SECURITY (1)

 

[merlz]

The rule of thumb is that the job duties you list in your reference letter should substantially (75% or more) match the job duties of the NOC selected.

Your designation, your educations does not matter when you are selecting the NOC.

Cool thank you.

 

[nikki1992]

Hi @legalfalcon

I got a response on reconsideration request and the officer refused my request again.

reconsideration response from officer:

Case Processing Centre Edmonton

Reconsideration:
I am the Officer who made the original decision to refuse this application May 16th 2019. I received the reconsideration request June 10th, 2019 and considered the clients request of June 4 2019.
The client asks for reconsideration of the refusal of this CEC Application stating in part "The reason for refusal mentioned was the Canadian education which I obtained from evergreen college is a private career college and this institution is not recognized by the provincial authorities. I have immediately contacted the college about this and they issued me a letter stating that Evergreen college Scarborough campus has changed its college name to Toronto International Business College. The DLI number still remains same as O19316512192. Based on the above information, I have also contacted Ontario Ministry of Training, Colleges and Universities. They advised me that Evergreen College – Scarborough now operating as the Toronto International Business College has been a registered Private Career College under the Private Career Colleges Act, 2005 since October 2010. To conclude the above information I believe that the Evergreen college is a private career college and this institution is recognized by Ontario Ministry of Training, Colleges and Universities. "

The client provides letters and information that the school is registered as a Private Career College under the Private Career Colleges Act, 2005 since October 2010. I also note that the referenced school Toronto International Business College is also registered as a Private Career College. Ministerial Instruction 30(4)(a) is an eligible credential is ...(a) a degree, diploma, certificate or trade or apprenticeship credential from a Canadian public post-secondary institution or from a Canadian private post-secondary institution that operated under the same rules and regulations as a Canadian public post-secondary institution.

Any issue arose directly from the regulations and a lack of documents the client feels is now proper or relevant are new evidence and should be considered in a new application. No credibility, genuineness or accuracy of the original documents was or is in question. The documents provided were not sufficient to establish for the purpose of Points for Canadian educational credentials under Ministerial Instructions.
I will clarify here what was meant in the refusal letter of May 16th, 2019 as what "not recognized" means for definiteness. BOTH the referenced institutions are registered institutions as Private institutions that have been given, under provincial or territorial legislation governing commercial activities, the right to operate as a business for the purpose of offering private training programs after it has been established, for consumer protection purposes only, that they meet minimum financial and other requirements. Ministerial Instruction 30 provide points under Canadian Study for credentials from recognized institutions. Public or private institution that has been given authority to grant degrees, diplomas, and other credentials IF they operated under the same rules and regulations as a Canadian public post-secondary institution ONLY.

Adding more documents or proper documents is not satisfactory reasons to warrant reconsideration or is an exceptional circumstance. The client does not appear to raise a error that would warrant re-opening this application such as an error in the schools eligibility under the Ministerial instructions that it operates under the same rules and regulations as a Canadian Public post-secondary institution. The client clearly established the school is simply registered. I appreciate the dissatisfaction with the decision and provide this clarification with the reconsideration decision but it too is not compelling a reason to re-open the file. No specific information originally submitted was pointed to say it was erroneously misinterpreted that the school WAS recognized as operating under the same rules and regulations as a Canadian Public post-secondary institution and overlooked.

The original decision is upheld.

---------------------------------------------------------------

I don't understand what officer advised, is he asking me to submit a new application as I provided new evidence? or he advised me that the diploma is not valid?

what are my options now? your inputs will be appreciated.
Please Help.

 

[Sailaja444]

Hi @legalfalcon Need your suggestion related to submission of passport post PPR. I have received an email with my name and UCI to submit the passport at local VFS office on 6th Jun. Given that my spouse (dependent) is in germany, we have raised a request (webform & email to ottawa office) to suggest on further process to submit his passport in Germany and have'nt recieved any response till date. can you kindly confirm is this is the process to be followed or is there any alternate way to submit his passport in Germany. We are a bit anxious as the we already lost 5 days of the 30 days timeline.

Thanking you kindly in advance.

 

[legalfalcon]

@legalfalcon

please what this means now

first Gcm notes was : ADMISSIBILITIES
SECURITY
second Gcm notes is : ADMISSIBILITIES
SECURITY (1)

This is simply stating that your security is being checked for admissibility.

See
https://www.getgcms.com/blog/express-entry-application-processed/

 

[legalfalcon]

Hi @legalfalcon

I got a response on reconsideration request and the officer refused my request again.

reconsideration response from officer:

Case Processing Centre Edmonton

Reconsideration:
I am the Officer who made the original decision to refuse this application May 16th 2019. I received the reconsideration request June 10th, 2019 and considered the clients request of June 4 2019.
The client asks for reconsideration of the refusal of this CEC Application stating in part "The reason for refusal mentioned was the Canadian education which I obtained from evergreen college is a private career college and this institution is not recognized by the provincial authorities. I have immediately contacted the college about this and they issued me a letter stating that Evergreen college Scarborough campus has changed its college name to Toronto International Business College. The DLI number still remains same as O19316512192. Based on the above information, I have also contacted Ontario Ministry of Training, Colleges and Universities. They advised me that Evergreen College – Scarborough now operating as the Toronto International Business College has been a registered Private Career College under the Private Career Colleges Act, 2005 since October 2010. To conclude the above information I believe that the Evergreen college is a private career college and this institution is recognized by Ontario Ministry of Training, Colleges and Universities. "

The client provides letters and information that the school is registered as a Private Career College under the Private Career Colleges Act, 2005 since October 2010. I also note that the referenced school Toronto International Business College is also registered as a Private Career College. Ministerial Instruction 30(4)(a) is an eligible credential is ...(a) a degree, diploma, certificate or trade or apprenticeship credential from a Canadian public post-secondary institution or from a Canadian private post-secondary institution that operated under the same rules and regulations as a Canadian public post-secondary institution.

Any issue arose directly from the regulations and a lack of documents the client feels is now proper or relevant are new evidence and should be considered in a new application. No credibility, genuineness or accuracy of the original documents was or is in question. The documents provided were not sufficient to establish for the purpose of Points for Canadian educational credentials under Ministerial Instructions.
I will clarify here what was meant in the refusal letter of May 16th, 2019 as what "not recognized" means for definiteness. BOTH the referenced institutions are registered institutions as Private institutions that have been given, under provincial or territorial legislation governing commercial activities, the right to operate as a business for the purpose of offering private training programs after it has been established, for consumer protection purposes only, that they meet minimum financial and other requirements. Ministerial Instruction 30 provide points under Canadian Study for credentials from recognized institutions. Public or private institution that has been given authority to grant degrees, diplomas, and other credentials IF they operated under the same rules and regulations as a Canadian public post-secondary institution ONLY.

Adding more documents or proper documents is not satisfactory reasons to warrant reconsideration or is an exceptional circumstance. The client does not appear to raise a error that would warrant re-opening this application such as an error in the schools eligibility under the Ministerial instructions that it operates under the same rules and regulations as a Canadian Public post-secondary institution. The client clearly established the school is simply registered. I appreciate the dissatisfaction with the decision and provide this clarification with the reconsideration decision but it too is not compelling a reason to re-open the file. No specific information originally submitted was pointed to say it was erroneously misinterpreted that the school WAS recognized as operating under the same rules and regulations as a Canadian Public post-secondary institution and overlooked.

The original decision is upheld.

---------------------------------------------------------------

I don't understand what officer advised, is he asking me to submit a new application as I provided new evidence? or he advised me that the diploma is not valid?

what are my options now? your inputs will be appreciated.
Please Help.

This is a little technical and you need to understand the legality here. Under CEC, you only get points for an academic degree id that degree was awarded by an institution "Public or private institution that has been given authority to grant degrees, diplomas, and other credentials IF they operated under the same rules and regulations as a Canadian public post-secondary institution ONLY."

Here, the officer is of the opinion that the institution that awarded you the degree, was a private college, which is registered under the Provincial Act, just for the purpose of consumer protection, and does not fall under the definition above, and therefore you cannot be awarded the points for it.

Now you need to remember that for the purpose of Immigration, only IRPA and the regulations are binding, not the ministerial instructions, which are more of guidelines.

If you want to challenge this, you will have to file a Judicial Review before the federal court.