A39-A41 Non-compliance: should I be concerned?

[clynne]

In July I got married to a Canadian citizen and came to visit him here in Canada. Upon arrival to Canada, I submitted a webform to IRCC notifying them of my marriage and change in residential address, along with proof (marriage certificate and rental lease showing both of our names).

Prior to July, I had ordered GCMS notes and saw that I was on track for approval with a note from May stating "application appears ready for approval". I just got my second set of GCMS notes and this time there is a new section under ASSESSMENTS - Other Reqs referring to A39-A41, type: Non-compliance, Status: Not started. I'm wondering if this is cause for concern? I don't know if they misinterpreted my change in address as being permanent as opposed to temporary. I fully intend to leave Canada at the end of my 6 month visiting period assuming I do not have PR by then. Do I need to do something or is this a normal check???

 

[thevisawhisperer]

"Upon arrival to Canada, I submitted a webform to IRCC notifying them of my marriage and change in residential address, along with proof (marriage certificate and rental lease showing both of our names)."
Did you submit a spousal sponsorship or apply for anything. If you made no applications I don't know what IRCC would do with the information you provided, which they didn't ask for and have nowhere to assign.

 

[clynne]

"Upon arrival to Canada, I submitted a webform to IRCC notifying them of my marriage and change in residential address, along with proof (marriage certificate and rental lease showing both of our names)."
Did you submit a spousal sponsorship or apply for anything. If you made no applications I don't know what IRCC would do with the information you provided, which they didn't ask for and have nowhere to assign.

I have an in-progress PR application and was told by the Canadian border officer that I must notify IRCC of my change in marital status, hence my webform to them. He had also advised me to just wait on my current application and not submit a spousal sponsorship at this point due to the processing time. You should be able to view my application timeline in my signature

 

[thevisawhisperer]

If you already have a PR application in process there is no point at all to submitting a spousal sponsorship. The change in your marital status won't affect your application as your spouse is a Canadian and doesn't have to be added to your application.

 

[clynne]

If you already have a PR application in process there is no point at all to submitting a spousal sponsorship. The change in your marital status won't affect your application as your spouse is a Canadian and doesn't have to be added to your application.

We are not submitting a spousal sponsorship at this time. I understand that my marital status won't affect my application; my question was simply about the non-compliance section on GCMS notes.

 

[Halim92]

Did the request for Additional documents ? My understanding for A39-A41 check is to ensure that you submitted the additional documents required.

Check if it was initiated immediately after or before they sent the request if there is any.

 

[clynne]

Did the request for Additional documents ? My understanding for A39-A41 check is to ensure that you submitted the additional documents required.

Check if it was initiated immediately after or before they sent the request if there is any.

They did not request any documents from me. The check is for non-compliance

 

[akriti91]

They did not request any documents from me. The check is for non-compliance

Hi, did you get any update after this? Mine is also very similar to yours and I came to visitor visa and since then I got a A39-A41 check, which is in Not Started status yet.

 

[akriti91]

@legalfalcon Need your input on this please!

 

[sun.rif]

@legalfalcon can you please share your thoughts? My application (FSW-O, Nov-19 AoR) is at the same stage regarding the A39-A41 check since January 2021 and there has been no change as per multiple GCMS notes received so far.
It shows Type: Non-compliance, Status: Not started, Activity#: 1-L89TM9A. Only the 'assigned to' agent was changed in Dec 2021 but no progress after that.
1. Do all applications go through the similar A39-A41 check or is it for selective ones only?
2. Is it normal to be stuck at the same status for more than a year? Have you seen such a case before?
3. Any suggestion from you about what I can do now except wait?

Your response will be much appreciated.