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

[legalfalcon]

Dear Legalfalcon,

I have 3 more queries :

1. My wife (Primary Applicant) has her experience as follows :

(A) NOC 4032 – July 2004 to January 2006

(B) NOC 4032 – April 2006 till date

Both these experiences were mentioned in the EE Profile.

For Experience (A), I only have the joining and relieving letter – no pay stubs, no job responsibilities etc. Will not be able to arrange the reference letter as this experience it is too old now (11 years old).

Please let me know what will be more suitable – removing this experience from the PR Application

Or moving this to Personal History and explaining in LoE

Or Simply attach the joining and relieving letters for the job (A).

If you are not getting any points for this experience, you can simply move it to your personal history.

2. Regarding change in surname of my wife (PA) after marriage, I am attaching the following documents as proof of change of name – Marriage Certificate, copy of her old passport, which has her pre-marriage surname and an explanation in LoE. Do I need to submit some affidavit as well?
No, need for an affidavit, this would be sufficient.

3. I renewed my passport in 2013. The old passport also has visa stamps for travel undertaken in the last 10 years. I will be uploading these visa stamps as mentioned in my last 10 years travel history. Do I need to upload the biodata pages of this old passport as well?
As per IRCC, you only need to upload the bio pages of your current passport, no need for the stamped pages. There is a myth circulating on the forum that if you do not upload the stamp and visa pages of your current and old passport, your application will be rejected, which is incorrect.

Document requirements

• A clear and legible copy of the biographical data page of a passport or travel document must be provided.

http://www.cic.gc.ca/english/resources/tools/perm/express/intake-complete.asp

Thanks!

 

[legalfalcon]

Hi legalfalcon,
Today my BG check changes to: we are processing your background check..
also they request few documents from 2015 for example bank statements for one year and payslips of that year..
my question is I left the country where I used to work and got my experience but I won't be able to get those doc. Can they accept explanation letter that why I can't produce those documents.. pls advice
Thanks

You can explain about the bank statement if you have closed your bank account, but they will need something to verify your payslips. If you have filed income tax returns, you can substitute them instead of payslips. This is because they are trying to verify if you were actually employed, and this is done by payslips and bank account statement.

 

[denapr]

Thanks Legalfalcon!

The information button just next to the place holder, when clicked shows the following message :

If you have a passport, you must provide a copy of:
the page that shows your birth date and country of origin, and
any pages with stamps, visas or markings.

 

[legalfalcon]

Thanks Legalfalcon!

The information button just next to the place holder, when clicked shows the following message :

If you have a passport, you must provide a copy of:
the page that shows your birth date and country of origin, and
any pages with stamps, visas or markings.

If it specifically asks, then please do it. I believe they have changed a few things around and I stand corrected. I will have to go back and see MyCIC.
If this is the message, then please upload the PP bio pages and all other pages with visas and stamps. Also go ahead and upload your expired passport, but make sure you differentiate them so that the pages don't mix up.

 

[denapr]

If it specifically asks, then please do it. I believe they have changed a few things around and I stand corrected. I will have to go back and see MyCIC.
If this is the message, then please upload the PP bio pages and all other pages with visas and stamps. Also go ahead and upload your expired passport, but make sure you differentiate them so that the pages don't mix up.

I was reading some posts on the forum and some people are suggesting not to upload biodata pages of expired passport. In case you get time, can you please check and inform if only the stamped pages of (both old & new passport) alongwith bio data pages of current valid passport only are ok. I do not want to burden to much with these petty issues, so even if you do not get time to find out, I will do some more investigation myself. I just don't want the application to get in to any issue due to such minor mistake.

While making a single file of the scanned pages of passport (or other even education) can we add one typed page in between and write down comments to make things more clear for the verifying officer (Example, in order to differentiate between new and old passport - when the scanned pages of 1st passport gets over and the 2nd passport pages start, can we demarcate them with a blank sheet in between and specifically type : "Start of previous passport" or something like that. I hope you understand what I am saying.


Also, regarding the below clarification you provided, can you let me know if we do get any points for experience beyond 10 years?

1. My wife (Primary Applicant) has her experience as follows :

(A) NOC 4032 – July 2004 to January 2006

(B) NOC 4032 – April 2006 till date

Both these experiences were mentioned in the EE Profile.

For Experience (A), I only have the joining and relieving letter – no pay stubs, no job responsibilities etc. Will not be able to arrange the reference letter as this experience it is too old now (11 years old).

Please let me know what will be more suitable – removing this experience from the PR Application

Or moving this to Personal History and explaining in LoE

Or Simply attach the joining and relieving letters for the job (A).

If you are not getting any points for this experience, you can simply move it to your personal history.

 

[Xtreme Innovations]

Dear Legalfalcon,

Thank you so much for the help on this forum...hope you get your L soon and get appreciation for your services

I would appreciate your thoughts about my situation

I currently have an ITA and was going to apply under FSW Outland. However I am about to receive a post doctoral offer (which falls under LMIA exempt category) for one year in Canada. I was thinking I could get there and apply for PR and was hoping to avoid the use of proof of funds by using postdoc offer to apply for PR. However, since I cannot apply for PR and work permit at the same time as I may have to travel soon; I will have to apply for work permit first and apply for PR in Canada.

My question is from the cic website it seems that LMIA exempt work permit holders can only consider the jobs as valid if

you have a valid work permit for a NOC 0, A or B job that is exempt from needing an LMIA, and you:

• are currently working for an employer specified on the work permit
• have one year of full-time work experience (or an equal amount of part-time work) for that employer and
• have a valid job offer from that employer for at least one year after we issue your permanent resident visa.

Does this mean I cannot use my Post doctoral position to apply for PR?

Alternatively can I still apply when I apply as Federal Skill worker Inland using the proof of funds I would have used to apply for PR while out of Canada?

Or is it better to work for a year for a year and then apply under CEC category?

Thank you so much for your valuable inputs…

 

[Nick89]

Dear Legal Falcon,

Thank you so much for your continued support.

Could you please let me know if the following format is sufficient for one and the same person affidavit? As you suggested, we will answer ‘NO’ to the question ‘Has this person ever used any other name’ and we will provide this affidavit with LOE.

One and the same person affidavit for your valuable opinion:

I, GEORGE WALKER BUSH, S/o 'Father's Name', resident of 'address' do hereby solemnly declare and affirm as under.

In do hereby confirm and ratify that GEORGE WALKER BUSH, GEORGE.W.B and GEORGE.W.BUSH are one and the same person, myself, GEORGE WALKER BUSH.

The expansion of 'W.B.' in GEORGE.W.B is ‘WALKER BUSH’ and the expansion of 'W' in GEORGE.W.BUSH is 'WALKER'.

In my Canadian student visa during 2005-2010 and US visit visa, my given name was recorded as GEORGE WALKER and surname was recorded as BUSH. However, in my Canadian student visa (2010-2012) and Work Permit (2012-2015), my given name was recorded as GEORGE and surname was recorded as WALKER BUSH.

The above are the variations of the same name and should not be considered name changes.

So I do hereby solemnly affirm that foregoing are true and correct statements.

 

[legalfalcon]

I was reading some posts on the forum and some people are suggesting not to upload biodata pages of expired passport. In case you get time, can you please check and inform if only the stamped pages of (both old & new passport) alongwith bio data pages of current valid passport only are ok. I do not want to burden to much with these petty issues, so even if you do not get time to find out, I will do some more investigation myself. I just don't want the application to get in to any issue due to such minor mistake.

As a rule of thumb, you should only upload the documents asked for. So your expired passport is not needed. However, a lot of applicants feel safer or content when they upload the old one too. While uploading the old one won't hurt, but that is your choice.

While making a single file of the scanned pages of passport (or other even education) can we add one typed page in between and write down comments to make things more clear for the verifying officer (Example, in order to differentiate between new and old passport - when the scanned pages of 1st passport gets over and the 2nd passport pages start, can we demarcate them with a blank sheet in between and specifically type : "Start of previous passport" or something like that. I hope you understand what I am saying.

You can surely do that, but it is not required. When you upload the PP, it is understood that you are only uploading your current passport. With regard to the education, when you upload the documents, the officer can see the names of the institution and there is no need for a blank typed page. More pages, just increases the number of pages an officer has to see.

So keep it simple and easy. For any explanations you have LoE.


Also, regarding the below clarification you provided, can you let me know if we do get any points for experience beyond 10 years?

1. My wife (Primary Applicant) has her experience as follows :

(A) NOC 4032 – July 2004 to January 2006

(B) NOC 4032 – April 2006 till date

Both these experiences were mentioned in the EE Profile.

For Experience (A), I only have the joining and relieving letter – no pay stubs, no job responsibilities etc. Will not be able to arrange the reference letter as this experience it is too old now (11 years old).

Please let me know what will be more suitable – removing this experience from the PR Application

Or moving this to Personal History and explaining in LoE

Or Simply attach the joining and relieving letters for the job (A).

If you are not getting any points for this experience, you can simply move it to your personal history.

For 3 years or more of foreign work experience and a CLB 9, you get the maximum points of 50. Anything more than 3 years, you don't get any additional points.

See the detailed explanation of the points here: http://www.cic.gc.ca/english/express-entry/grid-crs.asp

 

[legalfalcon]

Dear Legalfalcon,

Thank you so much for the help on this forum...hope you get your L soon and get appreciation for your services

I would appreciate your thoughts about my situation

I currently have an ITA and was going to apply under FSW Outland. However I am about to receive a post doctoral offer (which falls under LMIA exempt category) for one year in Canada. I was thinking I could get there and apply for PR and was hoping to avoid the use of proof of funds by using postdoc offer to apply for PR. However, since I cannot apply for PR and work permit at the same time as I may have to travel soon; I will have to apply for work permit first and apply for PR in Canada.

My question is from the cic website it seems that LMIA exempt work permit holders can only consider the jobs as valid if

you have a valid work permit for a NOC 0, A or B job that is exempt from needing an LMIA, and you:

• are currently working for an employer specified on the work permit
• have one year of full-time work experience (or an equal amount of part-time work) for that employer and
• have a valid job offer from that employer for at least one year after we issue your permanent resident visa.

Does this mean I cannot use my Post doctoral position to apply for PR?

Alternatively can I still apply when I apply as Federal Skill worker Inland using the proof of funds I would have used to apply for PR while out of Canada?

Or is it better to work for a year for a year and then apply under CEC category?

Thank you so much for your valuable inputs…

The category of post-doctoral students is a little tricky as the provinces and the federal governments treat them differently. So it will depend on what and where you are doing your program

The simple answer to your question is here: http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=672&top=29

But I am sure you will not be on a study permit as you have stated. I will need more information, specifically the policy for post doc from the institution you will be attending. In Quebec at McGill and Concordia, post docs are treated as students or employees depending on where they get the source of funding, and that is what determines their immigration status too.

 

[legalfalcon]

Dear Legal Falcon,

Thank you so much for your continued support.

Could you please let me know if the following format is sufficient for one and the same person affidavit? As you suggested, we will answer ‘NO’ to the question ‘Has this person ever used any other name’ and we will provide this affidavit with LOE.

One and the same person affidavit for your valuable opinion:

I, GEORGE WALKER BUSH, S/o 'Father's Name', resident of 'address' do hereby solemnly declare and affirm as under.

In do hereby confirm and ratify that GEORGE WALKER BUSH, GEORGE.W.B and GEORGE.W.BUSH are one and the same person, myself, GEORGE WALKER BUSH.

The expansion of 'W.B.' in GEORGE.W.B is ‘WALKER BUSH’ and the expansion of 'W' in GEORGE.W.BUSH is 'WALKER'.

In my Canadian student visa during 2005-2010 and US visit visa, my given name was recorded as GEORGE WALKER and surname was recorded as BUSH. However, in my Canadian student visa (2010-2012) and Work Permit (2012-2015), my given name was recorded as GEORGE and surname was recorded as WALKER BUSH.

The above are the variations of the same name and should not be considered name changes.

So I do hereby solemnly affirm that foregoing are true and correct statements.

This sounds good. Also, when you upload this add your birth certificate and passport and the documents mentioned in the affidavit as reference.

 

[Aali005]

You can explain about the bank statement if you have closed your bank account, but they will need something to verify your payslips. If you have filed income tax returns, you can substitute them instead of payslips. This is because they are trying to verify if you were actually employed, and this is done by payslips and bank account statement.

Thank you for your advice... I think I can get my tax return and can explain if I can't hold of whole year payslips.. I thought they only need for 6 months payslips which I already have..hope they will accept and agreed with my doc and explanation..

 

[denapr]

For 3 years or more of foreign work experience and a CLB 9, you get the maximum points of 50. Anything more than 3 years, you don't get any additional points.

See the detailed explanation of the points here: http://www.cic.gc.ca/english/express-entry/grid-crs.asp

Thanks Legalfalcon...
One more small query : One of the degrees I am uploading has the university name printed in hindi only (in the header).
The following text in the degree then is printed both in hindi as well as english.
Do you think it will be required to get it translated and translation notorized?

 

[legalfalcon]

Thanks Legalfalcon...
One more small query : One of the degrees I am uploading has the university name printed in hindi only (in the header).
The following text in the degree then is printed both in hindi as well as english.
Do you think it will be required to get it translated and translation notorized?

Do you have the ECA fro this, if yes, then no need for translation.

 

[Xtreme Innovations]

Dear Legalfalcon,
Thank you for the response, postdocs in the institution are treated as employees and pay taxes etc...

 

[legalfalcon]

Dear Legalfalcon,
Thank you for the response, postdocs in the institution are treated as employees and pay taxes etc...

I will have to look deeper to give you a definitive answer. But you could even apply when you are in Canada, there is nothing stopping you. The issue is whether you can show your post doc as a CEC experience.