Strange reply from NEW DELHI visa office.

[jagga]

Hello guys
I got a very strange reply from new delhi visa office via case specific enquiry. i am posting to see if someone got similar reply and what was the outcome of this reply. I am going paste reply below.

Actually we have very straight forward case. Interview was done on 1feb 2016 and file was approved by the interview officer. We got remedial request on second day of the interview and completed on 5feb 2016.

However mp inquiry and gcms notes clearly states that eligibility,criminality and medical is passed and file is forwarded to RFV(ready for visa unit), but still couldnt get any passport request. i would really appreciate your replies. thanks.

CASE SPECIFIC REPLY
This is in reference to your client’s application for permanent residence in Canada.

The processing of this application is currently on hold. The case has been referred for further investigation in Canada. Investigations of this nature currently often take 18-36 months, and can take longer in some situations. We will continue to follow-up at regular intervals with the in-Canada office conducting the investigation. During this investigation, we will be unable to provide any further information. Once the investigation is completed, we will contact the applicant regarding further steps. The applicant should provide updates to contact information if required


We trust that this information will be of assistance.

 

[mikeymyke]

Strange indeed, I would order GCMS notes to see what's going on.

 

[jagga]

Strange indeed, I would order GCMS notes to see what's going on.

hi Mike thanks for your reply.

Actually i already have gcms notes, but gcms notes doesn't have anything like case specific enquiry. GCMS clearly says that file is ready for visa. This thing is making me so frustrated as i have no way of knowing status of my application. Moreover i have no idea about kind of investigation they are doing or this is just a standard reply.

 

[mikeymyke]

Does your wife have any sort of potential issue with regards to her criminality, previous marriage, kids, or anything like that at all?

 

[jagga]

Does your wife have any sort of potential issue with regards to her criminality or anything like that at all?

Nothing at all bro. We are living very straightforward life not even a single driving ticket. GCMS notes also clearly states that criminality is passed. BTW my wife is principal applicant from india.thanks

 

[scylla]

Are you a PR or a citizen? If you are a PR, do you meet the residency obligation? Have you been spending long periods (i.e. greater than 2-3 weeks) outside of Canada?

 

[jagga]

Are you a PR or a citizen? If you are a PR, do you meet the residency obligation? Have you been spending long periods (i.e. greater than 2-3 weeks) outside of Canada?

Hi Scylla, appreciate your reply.
i am pr in canada since 2013. i am working as truck driver and cross border on daily basis. sometimes it's 2-3 days stay in usa but never more than that. I never had any issues crossing border. In last six year i used to visit my family every year for 1-2 months in winters.

 

[jagga]

GCMS last part is :

File Reviewed search: Q FILE ON SPR. SCHEDULE A: NO CONCERNS. TRAVEL HISTORY: NO IDENTIFIED INTERNATIONAL TRAVEL PCC*1 ON FILE: NO ADVERSE INFO MEDS PASSED.

 

[scylla]

Hi Scylla, appreciate your reply.
i am pr in canada since 2013. i am working as truck driver and cross border on daily basis. sometimes it's 2-3 days stay in usa but never more than that. I never had any issues crossing border. In last six year i used to visit my family every year for 1-2 months in winters.

In any given month, over the last year - how much time have you typically spent in Canada vs. in the US?

 

[jagga]

Roughly 18 days in Canada and 12 days in USA.

 

[scylla]

I wonder if CIC is unhappy with the amount of time you have been spending outside of Canada and this has triggered some kind of delay / investigation? Have you ordered your notes recently? If not, I would do it again.

 

[mikeymyke]

Yes that could be it. As a PR, you're supposed to remain in Canada while sponsoring.

 

[jagga]

hi guys, thanks for your valuable replies. I went through cic obligations for pr status which clearly indicates that if you are working for canadian business, it won't affect your pr status.

You may count each day you were employed outside Canada if your employment meets the following requirements:

you are an employee of, or under contract to, a Canadian business or the public service of Canada or of a province or territory and
as a term of your employment or contract, you are assigned on a full-time basis to:
a position outside Canada
an affiliated enterprise outside Canada or
a client of the Canadian business or the public service outside Canada; and
you will continue working for the employer in Canada after the assignment.

ref: http://www.cic.gc.ca/english/information/applications/guides/5445ETOC.asp#appendixA

 

[impatientwife]

hi guys, thanks for your valuable replies. I went through cic obligations for pr status which clearly indicates that if you are working for canadian business, it won't affect your pr status.

You may count each day you were employed outside Canada if your employment meets the following requirements:

you are an employee of, or under contract to, a Canadian business or the public service of Canada or of a province or territory and
as a term of your employment or contract, you are assigned on a full-time basis to:
a position outside Canada
an affiliated enterprise outside Canada or
a client of the Canadian business or the public service outside Canada; and
you will continue working for the employer in Canada after the assignment.

ref: http://www.cic.gc.ca/english/information/applications/guides/5445ETOC.asp#appendixA

I don't know when you got the gcms notes but you can always order again, new details might have been added since you last ordered.

 

[scylla]

hi guys, thanks for your valuable replies. I went through cic obligations for pr status which clearly indicates that if you are working for canadian business, it won't affect your pr status.

The rules are different for sponsoring your spouse. Not only do you have to meet the PR residency requirement - but you must also be living in Canada while sponsoring. A few short trips outside of Canada are fine. However if you are spending a great deal of time outside of Canada (like you are) - this can be grounds for refusal. We've seen several cases here over the last few years where refusals have happened for this reason. Again, this is just a guess. But what jumps out about your case is the amount of time you're spending outside of Canada as a PR.

Also, you should be aware that the rule you've quoted above doesn't apply to you for PR residency purposes. You can only count time outside of Canada as time in Canada if your employer relocates you permanently to another country. In your case you are simply making trips to the US but are still based in Canada - so only the time you physically spend in Canada will be counted towards RO. The time you spend in the US will not be counted.