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

[Timbuktu_14]

@legalfalcon how is the Sydney office in terms of processing?

AOR 23rd april 2021

No chills mate

I had a call with IRCC yesterday, they said eligiblity and the security not started yet.

Does that mean no one is working on the file? Or in a background they are working but IRCC customer executive doesn't know about it?

 

[scenestrange]

Sometimes curiosity sucks mate

 

[CanadaStudyvisa2021]

Hi Legal Falcon
Greetings! Hope you are doing good.

@legalfalcon

Reaching out to you seeking guidance on addressing ties to home country in LOE for study visa with 11 years on Work experience. Below are the points which need to be addressed

- My brother is holding a Canadian PR and currently living in Ontario. while I am applying for university in Alberta.
- I am an Indian working overseas (within Asia) on a work permit for last 4 years. Earning a handsome salary.
- I am having an active EE profile. Should I withdraw the EE profile and apply study visa with a new account.

looking forward for your guidence in this regard.

Thanks.

 

[arvind92]

Manmeet sir,
Trust you are doing well.

Sir, my NOC IS 2274.

Sir, in my NOC, we have this kind of an arrangement where in, one works for lets say 6 months....He gets a salary for 9 months....where 3 of his months when he is home is considered as a 'cooling period'.

This cooling period is given to him cause his six months is a 24x7 job..and during this cooling period, he has to relax...spend time with him family etc..
and most importantly, get his certifications in order..attend classes, courses....and seminars which is an integral part of his employment.

If it wasn't for these certifications, one cant work in this NOC

Also, the governing body of this NOC, which comes under International labour organisation, has started that employer must relieve a sea-farer at least once in twelve months.

These 3 months are fully paid...



What would be the IRCC position on this?..Will they consider these 3 months as a part of the employment...?

My problem is ...my hot period(when i was on ship) is 32 months and my cooling period in all these years is about 11 months..so if i add them up,i get around 43 months of paid employment....

In these cooling period, i had done the necessary certifications..


This is the peculiar nature of my employment.



Do note that i have 18 months of continuous salary at a stretch so i very well qualify for the 1 year continuous work experience at a particular rank.

i am thinking of adding this in my Letter of explanation,



"

1)

The Time duration when I am not on Ship is also an integral part of my employment. During this period, seafarers like me undergo training, certification, and other essential courses which are only possible on land. These courses are very essential and are conducted in accordance with various international regulations. Anyone who is working in NOC 2274 needs to have them in good order. During this time duration, my employer paid me my monthly salary. This is reflected in my salary slips and bank statements as well. My position during this time period still stays the same. All certifications and courses I have done during these time periods are mentioned in my personal history. I have attached a few of these certifications and courses in an additional document for your reference.

"



Do you believe IRCC will recognise my paid 'cooling period' as my work history?

 

[legalfalcon]

AOR 23rd april 2021

It is too early for any progress to happen. The average processing time pre COVID for an application was 8-9 months. Eligibility does not starts until 2-4 months in the process.

As per IRCC's annual 2019 annual report it takes 8-9 months for an application to process. This was pre-COVID
https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/annual-report-parliament-immigration-2019.html

How long did it take to process an Express Entry application?
Table 35 displays the time, in months, that IRCC took to process 80% of applications under each program. In 2019, IRCC did not meet the processing standard of finalizing 80% of all applications sourced via Express Entry within six months. The processing time for Express Entry, overall, was eight months. As an alternative measure of processing times, 60% of applications finalized in the 12-month period ending on December 31, 2019, were completed within the six-month service standard.

Table 35: Processing Times for Express Entry applications finalized by year and immigration category, in months

Program	2017	2018	2019
Canadian Experience Class	4	5	7
Federal Skilled Worker	4	6	9
Provincial/Territorial Nominee	6	6	9
Federal Skilled Trades	6	7	12
All Programs	5	5	8

Source: CIC_EDW (MBR) as of January 3, 2020
Data is operational and as such should be considered preliminary and subject to change.

• Processing times refer to the time in which 80% of applications were finalized by IRCC. The processing time is measured from the day a complete application is received until the time a final decision is made by an immigration officer.

 

[arvind92]

@legalfalcon
Good day,


Let's assume an FSW-O candidate gets an invitation when he has completed only 33.5 months....on date X

If he submits his application in 2.5 months( 75 days) on date Y.....He would finish 36 months of work experience by that date

Can he get the maximum points on Foreign work experience if he has completed his work experience's 36 months, in the 90 days after he received his Invitation?



Also since the portal calculates the work experience points month wise...i am a bit worried about the eligibility criteria

The EE portals assmes you have started working on 1st January (as an example) if you say you were working from Jan to may....and ended your work on 31st May.

 

[legalfalcon]

@legalfalcon
Good day,


Let's assume an FSW-O candidate gets an invitation when he has completed only 33.5 months....on date X

If he submits his application in 2.5 months( 75 days) on date Y.....He would finish 36 months of work experience by that date

Can he get the maximum points on Foreign work experience if he has completed his work experience's 36 months, in the 90 days after he received his Invitation?



Also since the portal calculates the work experience points month wise...i am a bit worried about the eligibility criteria

The EE portals assmes you have started working on 1st January (as an example) if you say you were working from Jan to may....and ended your work on 31st May.

Law does not go by assumptions, it goes by facts.

IRCC clearly states:

Under section A11.2, an officer may not issue a visa to an applicant who did not or does not meet the Express Entry minimum entry criteria (MEC) or did not or does not possess the qualifications for which they received their CRS score at the time when

• the invitation to apply (ITA) was issued; or
• the e-APR was received by IRCC.

Processing offices must enter a decision on section A11.2 in the Global Case Management System (GCMS) before an application can be finalized. All applications must be processed in the Express Entry eligibility screen.

Change in circumstance declared in an e-APR
Express Entry candidates are responsible for ensuring that the information in their profile is accurate and up-to-date at all times.
When a candidate is issued an ITA, their profile information and their CRS score are automatically recorded in GCMS.
If a candidate decides to submit an e-APR, the system automatically transfers the information from their profile to their e-APR for their convenience. The candidate is required to ensure that the information is still accurate before they submit their e-APR to IRCC. If the information transferred from the candidate’s profile is no longer accurate, the candidate must update their application accordingly.
When an applicant submits an e-APR to IRCC, the information in their application is locked, and their CRS score at the time of their application is recorded in GCMS.
Processing offices must compare the information in the applicant’s profile at the time of the round of invitations to the information in their e-APR to ensure that the applicant meets the requirements of section A11.2. Note that not all discrepancies should result in a refusal.

 

[arvind92]

@legalfalcon

Sir, What is IRCC 's position on paid tenures like a summer's break for a school teacher // vacation at home for a seafarer// a long paid holiday abroad for a person working in a more normal 9-5 job..// Oil rig workers who work 8 weeks on and 8 weeks off


Are they counted as part of employment tenure if they are backed up with

1) a reference letter which mentions that they are employed and
2) fully paid during this tenure and
3) they also fulfill the IRCC requirement of 1560 hours...?

In order words a school teacher completes her 1560 hours in the first ten months before Christmas and then go for a 2 month long Christmas vacation cause the school works like that...

citing this as an example.

The V-O clearly knows that such people on such long paid breaks are not 'working'..

How different is this from a maternity leave which has been clearly highlighted by IRCC as not part of the working tenure...

please sir give your opinion on this.

 

[legalfalcon]

@legalfalcon

Sir, What is IRCC 's position on paid tenures like a summer's break for a school teacher // vacation at home for a seafarer// a long paid holiday abroad for a person working in a more normal 9-5 job..// Oil rig workers who work 8 weeks on and 8 weeks off


Are they counted as part of employment tenure if they are backed up with

1) a reference letter which mentions that they are employed and
2) fully paid during this tenure and
3) they also fulfill the IRCC requirement of 1560 hours...?

In order words a school teacher completes her 1560 hours in the first ten months before Christmas and then go for a 2 month long Christmas vacation cause the school works like that...

citing this as an example.

The V-O clearly knows that such people on such long paid breaks are not 'working'..

How different is this from a maternity leave which has been clearly highlighted by IRCC as not part of the working tenure...

please sir give your opinion on this.

Regular breaks are counted as work experience and do not have to be excluded as long as they are a part of your job and you were paid for it. So a summer vacation, 30-60 days holiday once every year, or for merchant navy 3-3 on / off or 6-6 on / off can be counted towards work experience.

 

[upon]

Dear @legalfalcon i just checked my work permits I submitted in the past and realized that I answered differently in those application for the question about HIGHEST post secondary education. I have 2 different Bachelor’s degrees. For different applications I answered that question with different Bachelor’s degree.
I mean, those different Bachelor’s are equal and there is no way to pick the “highest one”. For EE I showed and submitted both degrees just worried about different answers for my visas. Also I need to apply for BOPW now and need to pick one of the Bachelor’s again to answer my application.
Please share your opinion thank you so much!

 

[brahul]

Hi @legalfalcon,

Last month, I updated my residential address in the IRCC record through customer care. Is a change in address impact the application processing with respect to Criminality & Security?

 

[arvind92]

Regular breaks are counted as work experience and do not have to be excluded as long as they are a part of your job and you were paid for it. So a summer vacation, 30-60 days holiday once every year, or for merchant navy 3-3 on / off or 6-6 on / off can be counted towards work experience.

Thank you, sir.

So only and only paid maternity leave is singled out as non-performing working tenure and not counted in your countable foreign work experience.


Rest all have a blank criteria that it should be paid.

IRCC has nothing to do with the worker's efficiency.


36 paid months is what it requires and a strong reference letter...This is the crux of the matter..right sir?

 

[legalfalcon]

Hi @legalfalcon,

Last month, I updated my residential address in the IRCC record through customer care. Is a change in address impact the application processing with respect to Criminality & Security?

Change of address has no impact on security / criminality. However, change of address may trigger a new PCC and will effect how the decision on your application is communicated. If you are in Canada, then a COPR may be issued. If you are outside Canada, then you may be asked to submit your passport.

To read on how security is done and the security screening manual, see https://bit.ly/3apWglN

 

[legalfalcon]

Dear @legalfalcon i just checked my work permits I submitted in the past and realized that I answered differently in those application for the question about HIGHEST post secondary education. I have 2 different Bachelor’s degrees. For different applications I answered that question with different Bachelor’s degree.
I mean, those different Bachelor’s are equal and there is no way to pick the “highest one”. For EE I showed and submitted both degrees just worried about different answers for my visas. Also I need to apply for BOPW now and need to pick one of the Bachelor’s again to answer my application.
Please share your opinion thank you so much!

What do you mean by you have to pick one. If you have 2 bachelor's and your ECA assessment was more than one degree, then you will sure get more points than just a bachelor's

 

[upon]

What do you mean by you have to pick one. If you have 2 bachelor's and your ECA assessment was more than one degree, then you will sure get more points than just a bachelor's

Yes, that is what I did for EE.
Now I am talking about Work Permit application. For the WP application they ask to write only the HIGHEST degree. So I just need to pick randomly any Bachelor’s I have right?