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>>>>>>>OCTOBER 2019 AOR<<<<<<< Join here

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nextlevelife

Star Member
Oct 2, 2019
68
19
cdsoso said:
I noticed that the 2nd note is generated on 1/21. Therefore it is basically no change at all from the last note I received. I requested my 1st note on 12/17 and the note was generated on 1/16. So I am going to order another one.
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yeah ... there is no much difference b/w those two dates.
i’m curious when will usa based applications are start to process
 
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Mayank821

Newbie
Feb 17, 2020
5
0
@legalfalcon I received an ITA today with crs score 478 . I have 3 years of work experience i.e 1.5 years in primary Noc code A and rest 1.5 in Noc B . I applied for canada visitor visa 1 year ago where i mentioned about work experience of NOC A but forgot to mention about NOC B as it was part time work experience which i gained during studies. Now would it be seen as misinterpretation as i didnt mention one work experience during visitor visa application but now i am claming points for it in express entry fsw?
Kindly help me with this query.
 
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neerajnaik123

Star Member
Oct 17, 2017
160
36
32
Mayank821 said:
@legalfalcon I received an ITA today with crs score 478 . I have 3 years of work experience i.e 1.5 years in primary Noc code A and rest 1.5 in Noc B . I applied for canada visitor visa 1 year ago where i mentioned about work experience of NOC A but forgot to mention about NOC B as it was part time work experience which i gained during studies. Now would it be seen as misinterpretation as i didnt mention one work experience during visitor visa application but now i am claming points for it in express entry fsw?
Kindly help me with this query.
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As per my knowledge you cannot claim points for part time work
 
vivosvoco

vivosvoco

Star Member
Oct 31, 2018
145
31
neerajnaik123 said:
As per my knowledge you cannot claim points for part time work
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Part-time work experience is absolutely accepted.
For FSW, you will get points for 1-year experience by working 1560 hours continuously, which can be:
(1) 30 hours/week x 52 weeks
(2) 15 hours/week x 104 weeks
(3) 10 hours/week x 156 weeks
(4) etc.
 
Last edited:
M

Mayank821

Newbie
Feb 17, 2020
5
0
Mayank821 said:
@legalfalcon I received an ITA today with crs score 478 . I have 3 years of work experience i.e 1.5 years in primary Noc code A and rest 1.5 in Noc B . I applied for canada visitor visa 1 year ago where i mentioned about work experience of NOC A but forgot to mention about NOC B as it was part time work experience which i gained during studies. Now would it be seen as misinterpretation as i didnt mention one work experience during visitor visa application but now i am claming points for it in express entry fsw?
Kindly help me with this query.
Click to expand...
@legalfalcon please help me
 
legalfalcon

legalfalcon

VIP Member
Sep 21, 2015
19,038
9,896
Montréal, Quebec, Canada
Category........
FSW
Visa Office......
Ottawa
NOC Code......
4112
App. Filed.......
03-09-2015
Doc's Request.
01-10-2015
AOR Received.
03-09-2015
Med's Done....
17-08-2015
Passport Req..
05-04-2016
VISA ISSUED...
12-04-2016
LANDED..........
05-05-2016
Mayank821 said:
@legalfalcon please help me
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All applications you file have to be consistent. If there was anything missing, you need to explain it. As long as you can explain it, you are fine. IRCC can look into your prior applications for consistency.

I wrote a post on this sometime ago and reposting it here:

The issue was, whether prior TRV application in which an employment detail was left out can be added to the PR application, and would this inconsistency be of any concern.

The answer is simple. If you file any application with IRCC, TRV, WP, PR etc, any of them can be looked into to review your current application and any inconsistency can be a cause of misrepresentation. All applications have to be consistent, and if they are not, a reason on why you omitted the information has to be provided.

Now I will not be deliberating that if the prior application was refused, why it should be looked into again, or you file a TRV before and you did not disclose an employment but subsequently claimed pints for it in PR and got a PPR without any issues. This is all anecdotal. Just because someone was not caught, does not make him innocent.

They law is clear, while applications for different types of status engage different considerations, it does not necessarily flow that statements made in temporary residence applications cannot affect subsequent permanent residence applications (or vice versa). In Suri v. Canada , the court found that the Officer’s concerns vis-à-vis the contradictions between the Applicants’ temporary and permanent applications were reasonable and based on that the applicant's misrepresentation ban was upheld. Read - Suri v. Canada available at http://canlii.ca/t/grvwt

Federal courts have ruled on this numerous times.

Similarly, in the case of In Goburdhun v Canada (Citizenship and Immigration), 2013 FC 971 at para 28, Justice Strickland summarized the key considerations outlined in the jurisprudence, including the fact that paragraph 40(1)(a) is to be given a broad interpretation, capturing misrepresentations even if made by a third party such as a consultant, without the knowledge of the applicant (see also Wang v Canada (Citizenship and Immigration), 2015 FC 647 at para 25). The only exception to this rule is narrow and applies in the truly extraordinary circumstances where an applicant honestly and reasonably believed that they were not misrepresenting a material fact and knowledge of the misrepresentation was beyond the applicant’s control.
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The above is a general rule and each case is different. Just because you missed declaring a work experience does not mean it is misrepresentation. However, it depends on individual circumstances.
 
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