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

[legalfalcon]

Dear @legalfalcon

Thank you so much for your response. Could you please explain me what is the difference IRPA regulations and the ministerial instructions? Does the case officer only follow IRPA and not the ministerial instructions or both?

Please explain.

Thanks.

For this you need to understand 101 law, and here it is.

Laws are passed by the legislature, here, the Canadian Parliament. They passed the Immigration and Refugee Protection Act, and this is the law that governs immigration, refugee claims, in Canada. However, any agency that is intusted with the enforcement of the law, is given the power to frame their rules for practical convenience . Since the law cannot cover everything, the rules fill that void, such as how an application will be processed, the forms that are required, appeal within the agency etc. These rules are ratified by the Parliament. So the IRPA and the Regulations are both law and have the power as such.

However, the Minister in-charge will from time to time issue instructions there are executive orders and do not always have the baking of the law as they are not passed by the Parliament, or are from the delegated authority from the law itself. The Ministerial Instructions are provided for in s 87.3 of IRPA, and are created through Order in Council. The Ministerial Instructions drive current immigration policy. The Minister uses Ministerial Instructions to make fast, sweeping changes to the immigration system. The Court uses them to interpret the law, but does not give them as much deference as the Act or the Regulations.

The CRS cut off is through a MI, the criteria for CEC, FSW etc is set by MI.

Hope this helps!

 

[shru_91]

@legalfalcon :I received my GCMS notes today and i have RR .But what concerns me most is the anlayst has mentioned my "assessed CRS score as 389" which is 50 points lesser than my actual CRS .Apart from funds, i don't find any review/concerns related to the work exp/ielts/wes in my notes.i'm pasting the case analyst summary for your reference.Can you please help me in finding out why the 50 points were missed?
------------------------------------------------------------------------------------------------------
A11.2 -
- CASE PROCESSING AGENT: Lock-in Date: 2019-03-02_xxxxxxxx PA: xxxxxx - EE
FSW Having analyzed this application based on the documents submitted by the applicant and the information
contained in the file, I make the following recommendation.
------------------------------------------------------------------------------------------------------------------------------------------------
SUMMARY NOTES: REVIEW FUNDS SEE EDOC xxxxxxx A11.2: Review Required R75: FSW MINIMUM
REQUIREMENTS - REVIEW REQUIRED R76: SELECTION CRITERIA - FSW POINTS : REVIEW REQUIRED R76:
SELECTION CRITERIA - FUNDS : REVIEW REQUIRED FSW points total: 72 Ready to Finalize RPRF: Complete
-----------------------------------------------------------------------------------------------------------------------------------------------------------
Comprehensive Ranking System (CRS) CRS Score at invitation to apply (ITA) 439 CRS points minimum score
for round: 438 CRS score at application (APR): 439 Total CRS Points Assessed: 389 /Verified CRS score: 389
---------------------------------------------------------------------------------------------------------------------------------------------------------
INTEGRATED SEARCH (FOSSIGCMS): No trace for all other than present application
--------------------------------------------------------------------------------------------------------------------------------------------------------
COMPOSITION:MARRIED since 2016-04-29; Marriage certificate is on file; Spouse is ACCOMPANYING No
indication of previous marriageslcl partners No declared children MEDICALS: All valid for 6 months or more
PASSPORTS: All valid for 6 months or more
--------------------------------------------------------------------------------------------------------------------------------------------------
EXPERIENCE: Lock-in Date: 2019-03-02 Primary Occupation: NOC 2172 Database Analysts and Data

Administrators EDUCATION CREDENTIAL(S) PROVIDED: Bachelor's Degree: Computer Science and Engineering 2018-02 to 2019-03 - Associate (NOC: 2172) - at Cognizant Technology Solutions India Private Ltd - eDoc# xxxxxxxxxx - Letter dated 2019-02-06 appears to confirm employment in declared occupation throughout the specified period, and provides a job description which is consistent with the lead statement and main duties as set out in the declared NOC category. - Letter confirms salary of INR xxxxxx per month - Letter confirms full]
time employment; FSW Work: 1 year and 2 months. CRS Foreign Work: 1 year and 2 months. 2013-03 to 2015-11
- Project Engineer (NOC: 2172) - at Wipro Limited - eDoc# xxxxxxx - Letter dated 2019-02-13 appears to confirm employment in declared occupation throughout the specified period, and provides a job description which is consistent with the lead statement and main duties as set out in the declared NOC category. - Letter confirms salary of INR 32993 per month - Letter confirms fullltime employment; FSW Work: 2 years and 9 months. CRS Foreign Work: 2 years and 9 months. 2015-12 to 2018-02 - Senior Project Engineer (NOC: 2172) - at Wipro Limited - eDoc# xxxxxxxx - Letter dated 2019-02-13 appears to confirm employment in declared occupation throughout the specified period, and provides a job description which is consistent with the lead statement and main duties as set out in the declared NOC category. - Letter confirms salary of 47167 monthly
gross income - Letter confirms fullltime employment; FSW Work: 2 years and 3 months. CRS Foreign Work: 2 years and 3 months. FSW Work: 1 year CRS Foreign Work: 3+ year(s)
------------------------------------------------------------
EXPERIENCE: 6+ year(s), 15 FSW Points
------------------------------------------------------------
SETTLEMENT FUNDS: Review Required Approx. CAD $0 - CAD $9693 as per Indian Overseas Bank statement at
2019-02-01; - CAD $340 as per HDFC Bank statement at 2019-02-15; Family of 2 requires CAD $15 531 NOTE:

REVIEW PROVIDENT FUNDS SEE EDOC xxxxxxxx

NOTES: 4

Created Date: 2019/04/24 00:51:54
Created By: EAICIBIDS
Updated Date: 2019/04/24 00:51:54
Updated By: EAICIBIDS
Restricted: No
Label: Adm/Biometric
Office: Chennai VFS VAC
Text: 04/24/2019 04:50:41 XXXXXXXXXXXXXX - Fingerprint: left index capture marginal quality

NOTES: 5
Created Date: 2019/04/24 00:47:51
Created By: EAICIBIDS
Updated Date: 2019/04/24 00:47:51
Updated By: EAICIBIDS
Restricted: No
Label: Adm/Biometric
Office: Chennai VFS VAC

Text: 04/24/2019 04:46:14 XXXXXXXXXXXXXXX - Photograph: brightness insufficient

Label: EE Eligibility

Office: Centralized lntake Office
Text:

REVIEW TYPE: Program Assistant APPLICATION #: xxxxxxxxx REGULATION: FSW I have reviewed this
application based upon the documents submitted by the applicant and the information contained in the file and
note the following. MIN.SCORE: 438 CRS SCORE: 439 Principal Applicant Application Promoted: New UCI
Spouse Application Promoted: New UCI PA: Statutory details located in separate GCMS note SP: Statutory
details located in separate GCMS note Primary Applicant Medical Attached to UCI: Yes Spouse Medical
Attached to UCI: Yes Client Fees: Verified ----- LANGUAGES ----- Principal Applicant English- lELTS and Met
Threshold & Verified Spouse English- lELTS and Verified ----- EDUCATION ----- Primary Applicant ECA report
Verified on issuing agency website; foreign credential confirmed on ECA site ECA Canadian Equivalency
Summary reported by issuing agency as Bachelor's degree (four years) Foreign credential provided Spouse
ECA report Verified on issuing agency website; foreign credential confirmed on ECA site ECA Canadian
Equivalency Summary reported by issuing agency as Bachelor's degree (four years) Foreign credential
provided ----- POLICE CERTIFICATE ----- Primary Applicant India police certificate: Provided-NRT R10 OK
Recommendation: Review Required - Stat Questions Spouse India police certificate: Provided-NRT R10 OK
Recommendation: Review Required - Stat Questions -----AGE ----- Applicant's age reviewed and No Change from

ITA to e-APR ----- DOCUMENT SET FOR REVIEW----- Client Information

 

[legalfalcon]

Hi all, is it possible for an application to another country in the past be checked? Like what you filled in the application and documents submitted? TIA

Yes. There should be no inconsistencies and if there are, you should address them.

Eg. you cannot with one thing in your visitor's application and state something very different in your PR application filed later.

 

[legalfalcon]

Thank you So much @legalfalcon . I am under spousal sponsorship . I tried to fellow the link but it give me error .. Checked for admissibility means that I passed it , didn't it ? Thanks again for everything

You will have to copy the link and paste it in the browser.

 

[legalfalcon]

Thank You so much Sir @legalfalcon . I have just one last query. As I am writing a LOE for some clarity in my documents, i am facing a conundrum in establishing the format. I have 2 options:

Option 1: Writing a master LOE for everything and then along with it placing at the start of each document uploaded a section wise letter of explanation. But, here in this case, I am planning to upload the requisite documents only in the sub-sections and not with mastere LOE.

Option 2: The other thing which I can do is that, i shall write only section specific LOE and then upload documents there only without uploading any Master LOE.

I feel option 1 is better but what I am confused is that Visa Officer may not check my section specific uploads of documents and thus it may cause problems. Please suggest.


Also, i was unemployed after my post graduation, which I have mentioned in my Personal Section. Do i need to write LOE explaining that I was searching for jobs at that time ?


Please help !!

The LOE is not a synopsis of your application. LOE is only required to clarify something that needs clarification and should not be more than 1-2 pages. Things like PCC, Meds, PoF, Passports etc. generally do not need any explanation.

 

[legalfalcon]

@legalfalcon :I received my GCMS notes today and i have RR .But what concerns me most is the anlayst has mentioned my "assessed CRS score as 389" which is 50 points lesser than my actual CRS .Apart from funds, i don't find any review/concerns related to the work exp/ielts/wes in my notes.i'm pasting the case analyst summary for your reference.Can you please help me in finding out why the 50 points were missed?
------------------------------------------------------------------------------------------------------
A11.2 -
- CASE PROCESSING AGENT: Lock-in Date: 2019-03-02_xxxxxxxx PA: xxxxxx - EE
FSW Having analyzed this application based on the documents submitted by the applicant and the information
contained in the file, I make the following recommendation.
------------------------------------------------------------------------------------------------------------------------------------------------
SUMMARY NOTES: REVIEW FUNDS SEE EDOC xxxxxxx A11.2: Review Required R75: FSW MINIMUM
REQUIREMENTS - REVIEW REQUIRED R76: SELECTION CRITERIA - FSW POINTS : REVIEW REQUIRED R76:
SELECTION CRITERIA - FUNDS : REVIEW REQUIRED FSW points total: 72 Ready to Finalize RPRF: Complete
-----------------------------------------------------------------------------------------------------------------------------------------------------------
Comprehensive Ranking System (CRS) CRS Score at invitation to apply (ITA) 439 CRS points minimum score
for round: 438 CRS score at application (APR): 439 Total CRS Points Assessed: 389 /Verified CRS score: 389
---------------------------------------------------------------------------------------------------------------------------------------------------------
INTEGRATED SEARCH (FOSSIGCMS): No trace for all other than present application
--------------------------------------------------------------------------------------------------------------------------------------------------------
COMPOSITION:MARRIED since 2016-04-29; Marriage certificate is on file; Spouse is ACCOMPANYING No
indication of previous marriageslcl partners No declared children MEDICALS: All valid for 6 months or more
PASSPORTS: All valid for 6 months or more
--------------------------------------------------------------------------------------------------------------------------------------------------
EXPERIENCE: Lock-in Date: 2019-03-02 Primary Occupation: NOC 2172 Database Analysts and Data

Administrators EDUCATION CREDENTIAL(S) PROVIDED: Bachelor's Degree: Computer Science and Engineering 2018-02 to 2019-03 - Associate (NOC: 2172) - at Cognizant Technology Solutions India Private Ltd - eDoc# xxxxxxxxxx - Letter dated 2019-02-06 appears to confirm employment in declared occupation throughout the specified period, and provides a job description which is consistent with the lead statement and main duties as set out in the declared NOC category. - Letter confirms salary of INR xxxxxx per month - Letter confirms full]
time employment; FSW Work: 1 year and 2 months. CRS Foreign Work: 1 year and 2 months. 2013-03 to 2015-11
- Project Engineer (NOC: 2172) - at Wipro Limited - eDoc# xxxxxxx - Letter dated 2019-02-13 appears to confirm employment in declared occupation throughout the specified period, and provides a job description which is consistent with the lead statement and main duties as set out in the declared NOC category. - Letter confirms salary of INR 32993 per month - Letter confirms fullltime employment; FSW Work: 2 years and 9 months. CRS Foreign Work: 2 years and 9 months. 2015-12 to 2018-02 - Senior Project Engineer (NOC: 2172) - at Wipro Limited - eDoc# xxxxxxxx - Letter dated 2019-02-13 appears to confirm employment in declared occupation throughout the specified period, and provides a job description which is consistent with the lead statement and main duties as set out in the declared NOC category. - Letter confirms salary of 47167 monthly
gross income - Letter confirms fullltime employment; FSW Work: 2 years and 3 months. CRS Foreign Work: 2 years and 3 months. FSW Work: 1 year CRS Foreign Work: 3+ year(s)
------------------------------------------------------------
EXPERIENCE: 6+ year(s), 15 FSW Points
------------------------------------------------------------
SETTLEMENT FUNDS: Review Required Approx. CAD $0 - CAD $9693 as per Indian Overseas Bank statement at
2019-02-01; - CAD $340 as per HDFC Bank statement at 2019-02-15; Family of 2 requires CAD $15 531 NOTE:

REVIEW PROVIDENT FUNDS SEE EDOC xxxxxxxx

NOTES: 4

Created Date: 2019/04/24 00:51:54
Created By: EAICIBIDS
Updated Date: 2019/04/24 00:51:54
Updated By: EAICIBIDS
Restricted: No
Label: Adm/Biometric
Office: Chennai VFS VAC
Text: 04/24/2019 04:50:41 XXXXXXXXXXXXXX - Fingerprint: left index capture marginal quality

NOTES: 5
Created Date: 2019/04/24 00:47:51
Created By: EAICIBIDS
Updated Date: 2019/04/24 00:47:51
Updated By: EAICIBIDS
Restricted: No
Label: Adm/Biometric
Office: Chennai VFS VAC

Text: 04/24/2019 04:46:14 XXXXXXXXXXXXXXX - Photograph: brightness insufficient

Label: EE Eligibility

Office: Centralized lntake Office
Text:

REVIEW TYPE: Program Assistant APPLICATION #: xxxxxxxxx REGULATION: FSW I have reviewed this
application based upon the documents submitted by the applicant and the information contained in the file and
note the following. MIN.SCORE: 438 CRS SCORE: 439 Principal Applicant Application Promoted: New UCI
Spouse Application Promoted: New UCI PA: Statutory details located in separate GCMS note SP: Statutory
details located in separate GCMS note Primary Applicant Medical Attached to UCI: Yes Spouse Medical
Attached to UCI: Yes Client Fees: Verified ----- LANGUAGES ----- Principal Applicant English- lELTS and Met
Threshold & Verified Spouse English- lELTS and Verified ----- EDUCATION ----- Primary Applicant ECA report
Verified on issuing agency website; foreign credential confirmed on ECA site ECA Canadian Equivalency
Summary reported by issuing agency as Bachelor's degree (four years) Foreign credential provided Spouse
ECA report Verified on issuing agency website; foreign credential confirmed on ECA site ECA Canadian
Equivalency Summary reported by issuing agency as Bachelor's degree (four years) Foreign credential
provided ----- POLICE CERTIFICATE ----- Primary Applicant India police certificate: Provided-NRT R10 OK
Recommendation: Review Required - Stat Questions Spouse India police certificate: Provided-NRT R10 OK
Recommendation: Review Required - Stat Questions -----AGE ----- Applicant's age reviewed and No Change from

ITA to e-APR ----- DOCUMENT SET FOR REVIEW----- Client Information

See Heere you lost those 50 points.

 

[shru_91]

@legalfalcon :are you talking about the work experience?.but why would i lose there ..they seem to have validated all my docs and confirmed

 

[Therisaw]

You can definitely send emails and seek information about your application especially if you have cross the 6 months time frame.

Thank you. I will

 

[shru_91]

See Heere you lost those 50 points.

@legalfalcon :are you talking about the work experience?.but why would i lose there ..they seem to have validated all my docs and confirmed

 

[Chanpreetkaur20]

Hi legalfalcon...
M very much new to this site... just have one query...
My AOR is 29 apr 2018
MEP 10 june
BIL 10 june (haven't complete biometrics yet as there was no appointment available)
Today, i noticed there is status of 'your action is required ' but with no new msgs...
No ADR as well...
Can you pls guide me why this action msg is displaying??? Is it because of no submission of biometrics???
I'll b grateful to u...

 

[dineoctaor]

Medical extensions are granted in cases where there is a change of an approval soon. Also, before eligibility can be finalised and PPR issued, medicals have to be valid.

Given that your medical extension request has been sent, this is a good sign.

As regards the eligibility, many applicants keep sitting after an analyst review, waiting a final review by an officer.

I hope that as soon as your medical extension is granted you should see some movement in your application.

Thanks you!

 

[Jibihi]

Yes. There should be no inconsistencies and if there are, you should address them.

Eg. you cannot with one thing in your visitor's application and state something very different in your PR application filed later.

Thank you for your reply...so for example a visitor/student visa application to the USA can be checked when applying for Canada EE?

 

[Prakashbe.ckp]

Dear Legal falcon,

I need your kind clarification on below - Travel between ITA and eApr.

ITA on 15 Nov, My wife PCC which she got for both India and KSA on 26 Nov and left to India on 04 Dec with valid reentry visa. Submitted apr only on 05 Jan.

Country of residence - Saudi arabia
Citizen - India

My consultant and even in forums, I read that after getting PCC shouldn't leave between ITA and EAPR, as there was gap between 26 Nov to 04 Dec Which means new pcc for both countries should have got after leaving to India.

However she came back again to KSA from 19 Apr to 01 May and left again to India.

For me I was staying from last July continuously here in KSA.

Many are saying that I would have submitted new pcc for my spouse...

Kindly clarify...

 

[legalfalcon]

Dear Legal falcon,

I need your kind clarification on below - Travel between ITA and eApr.

ITA on 15 Nov, My wife PCC which she got for both India and KSA on 26 Nov and left to India on 04 Dec with valid reentry visa. Submitted apr only on 05 Jan.

Country of residence - Saudi arabia
Citizen - India

My consultant and even in forums, I read that after getting PCC shouldn't leave between ITA and EAPR, as there was gap between 26 Nov to 04 Dec Which means new pcc for both countries should have got after leaving to India.

However she came back again to KSA from 19 Apr to 01 May and left again to India.

For me I was staying from last July continuously here in KSA.

Many are saying that I would have submitted new pcc for my spouse...

Kindly clarify...

As regards PCC IRCC states the following:

• For the applicant’s current country of residence, the police certificate must have been issued no more than 6 months before the submission of the e-APR.
• For countries in which the applicant no longer resides, the police certificate must have been issued after the last time the applicant stayed in that country for 6 months or more in a row.
• Police certificates meeting the above requirements can be accepted even if they have an expiry date that has passed.
• This includes the requirement to provide a police certificate for countries in which the individual has travelled for 6 months or more in a row, whether or not the individual had an established residential address during this time.
• Police certificates are required upfront and are mandatory for each country (except Canada) where an individual has spent 6 months or more in a row within the last 10 years. The individual does not need to provide one for any period of time before the age of 18.
• Police certificates need to be a scan of the original police certificate(s) in colour. Certified true copies and unauthorized copies are unacceptable and will result in the application being rejected as incomplete.

 

[legalfalcon]

Thank you for your reply...so for example a visitor/student visa application to the USA can be checked when applying for Canada EE?

No, only prior applications filed with IRCC are reviewed.