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

[legalfalcon]

Hi legalfalcon,
I've finally landed in Canada
Thank you for your help and advice

That is awesome! Heartiest congratulations and all the best for the journey ahead!

 

[legalfalcon]

Hi Legalfalcon couple of questions.

My wife who is main applicant is at 470, and her birthday is 17th Jan. what are the chances of score dropping to 470 or less in next draw?

In case we are really lucky and CRS score drops to 470 or less before Jan 17 and we get an ITA then in that case is ITA still valid post her birthday after 5 points are reduced.

Please advise in Thanks in advance.

The relevant provision for you is available here <http://www.cic.gc.ca/english/resources/tools/perm/express/refuse.asp> and it states:

"An applicant may have a birthday after they receive an ITA but before they submit their e-APR. Their change in age may lower their CRS score below the lowest score in the round of invitations. It may also result in the applicant no longer meeting the minimum requirements of the FSWC and, consequently, no longer meeting the MEC, resulting in a refusal based on section A11.2.

When a change in age results in the candidate no longer meeting the MEC or having their recalculated CRS points score fall below the lowest points score in that round of invitations, officers should consider applying the public policy to exempt applicants for permanent residence from certain age-based requirements between invitation to apply and application, based on section A25.2. This consideration can result in an exemption from the refusal of an application under section A11.2.

This public policy also grants an exemption to applicants who may be refused for failing to meet FSWC program requirements when their birthday occurs between the ITA and e-APR."

The above coves the situation when the birthday falls after ITA and before the e-APR is submitted. But if your in the pool and the main applicant has a birthday, the applicant's score will go down based on the age.

Now I cannot predict if the score will drop below 470, but with the downward trend recently, you never know. Keep your fingers crossed.

Hope this answers your question.

 

[legalfalcon]

Hi legalfalcon,

Posted here because it seems appropriate.

I have received my ITA ;D but i have some prevailing concerns

• I am applying as common-law, my spouse applied for a TRV in December (2015) but it got rejected due to:
  
  1 - personal assets and financial status,
  2 - family ties to home country and Canada (she has none in Canada).
  3 - current employment situation (though she has been working there for 6 years since graduating).
  
  How do i go about explaining this? That's pretty much what they said after she got back her Passport with a white paper with checked responses. Without the brackets obvisously
  
  
  
• We currently Have, Joint bank account, Joint insurance, photos, messages and the statutory declaration of a common-law union, is this enough?
  
  
  
• I got here on a Student Visa now PGWP, but when i applied i did not know about it's only 1 year to establish common-law, where in my country it's 5 years. So we both left each other out on our application.
  Will this reduce my chances?
  
  

LOE is where i would provide these details. Could you provide some guidance on structuring the document to tackle these scary concerns.

Thanks for your time.

The first thing to keep in mind is that TRV and PR are entirely two different things. The intention behind TRV is to TEMPORARILY come to Canada and return back, however for the PR you come with an intention to remain in Canada indefinitely. If in the past your TRV was denied, you need not justify why it was denied and the change in circumstances as the PR application in itself will take care of it. You only have to disclose that the TRV was denied, and leave it there. You will give your PoF, there is no need to show ties to your home country for the PR, and if you qualify under FSW or PNP - you will have work experience.

To prove Common-law union CIC provides a list which is available here <http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=347&top=14>. Try and get an many as you can.

There is no need to worry as a common law union can start at any stage and you can justify that when you applied you were not that serious, however, later you did start a common law union.

Please be advised that if you are going to calculate the time prior to your arrival to show common law union, then you will have to justify why you did not mention it in your application, which is not a big deal.

Hope this helps!

 

[Nicotugz]

Thank you so much for your help.

Please be advised that if you are going to calculate the time prior to your arrival to show common law union, then you will have to justify why you did not mention it in your application, which is not a big deal.

This is exactly, what i was referring to, as we did not know it was 1 year for common law in Canada because back home you have to live together for 5 years.

Anything additional i might say for this?

 

[swish003]

Hi Legalfalcon,

My AOR is 14th Nov. My medicals passed on Dec 13. My background check changed from Not Needed at this time to Not Started on Dec 14. How long should I wait before ordering GCMS notes?

 

[legalfalcon]

Thank you so much for your help.

This is exactly, what i was referring to, as we did not know it was 1 year for common law in Canada because back home you have to live together for 5 years.

Anything additional i might say for this?

I don't think this is a big issue. You can add it in your PR application without providing any justification. Common Law unions are way different than marriages. They may be treat the same, but one has the sanctity of law, while the other has to be proved by circumstantial evidence. You may simply say that you did not consider yourself in a common law union at that stage.

Simple as that. Or you can go and get your married and get a certificate, to just get away with it and file the marriage certificate, it will be day when you get your marriage registered.

 

[legalfalcon]

Hi Legalfalcon,

My AOR is 14th Nov. My medicals passed on Dec 13. My background check changed from Not Needed at this time to Not Started on Dec 14. How long should I wait before ordering GCMS notes?

Things seem to be moving fine. If you are concerned about your application you can request GCMS notes now, or wait for 2 months before ordering them. I usually suggest waiting 2.5 months as that is the time when your eligibility is complete, which is a good time to order your GCMS notes. However, some people on the forum feel that you should order them after the first month to see if your R10 (completeness check) is complete. I find that absurd since, if your application fails the R10 it will be rejected and you cannot do anything about it. For eligibility, if you see an issue, you can file further documents to strengthen your case.

Its a personal preference, but ordering notes early does not hurt.

Hope this helps!

 

[Nicotugz]

I don't think this is a big issue. You can add it in your PR application without providing any justification. Common Law unions are way different than marriages. They may be treat the same, but one has the sanctity of law, while the other has to be proved by circumstantial evidence. You may simply say that you did not consider yourself in a common law union at that stage.

Simple as that. Or you can go and get your married and get a certificate, to just get away with it and file the marriage certificate, it will be day when you get your marriage registered.

Thank you so much.

Happy Holidays to you and your family!.

 

[Chef Sumit]

The relevant provision for you is available here <http://www.cic.gc.ca/english/resources/tools/perm/express/refuse.asp> and it states:

"An applicant may have a birthday after they receive an ITA but before they submit their e-APR. Their change in age may lower their CRS score below the lowest score in the round of invitations. It may also result in the applicant no longer meeting the minimum requirements of the FSWC and, consequently, no longer meeting the MEC, resulting in a refusal based on section A11.2.

When a change in age results in the candidate no longer meeting the MEC or having their recalculated CRS points score fall below the lowest points score in that round of invitations, officers should consider applying the public policy to exempt applicants for permanent residence from certain age-based requirements between invitation to apply and application, based on section A25.2. This consideration can result in an exemption from the refusal of an application under section A11.2.

This public policy also grants an exemption to applicants who may be refused for failing to meet FSWC program requirements when their birthday occurs between the ITA and e-APR."

The above coves the situation when the birthday falls after ITA and before the e-APR is submitted. But if your in the pool and the main applicant has a birthday, the applicant's score will go down based on the age.

Now I cannot predict if the score will drop below 470, but with the downward trend recently, you never know. Keep your fingers crossed.

Hope this answers your question.

Thank you Legalfalcon. As I understand and please correct me if I am wrong- in case the score drops to 470 in next draws (before 17th Jan) and we get an ITA but because of birthday on 17th Jan our crs score drops to 465 from 470 then we will no longer be eligible. Then in that case what do we do, do we decline an ITA and go back in the pool or can we still accept an ITA and go ahead with the application.

 

[Chef Sumit]

Merry Christmas Guys!!

 

[legalfalcon]

Thank you Legalfalcon. As I understand and please correct me if I am wrong- in case the score drops to 470 in next draws (before 17th Jan) and we get an ITA but because of birthday on 17th Jan our crs score drops to 465 from 470 then we will no longer be eligible. Then in that case what do we do, do we decline an ITA and go back in the pool or can we still accept an ITA and go ahead with the application.

Let me make it simple for you to understand. Lets divide the situation in three scenarios:

SCENARIO 1

Enter EE Pool ------Birthday-------ITA-----e-APR

In this scenario your score will go down before the ITA and if you get the ITA, with your pre-birthday score, you will have to decline, since you do not meet the minimum score eligibility. Also, you might not get the ITA since your score went down before the ITA.


SCENARIO 2

Enter EE pool ------ ITA -----Birthday ------e-APR

Now under this scenario CIC grants a leeway. They have described it here - <http://www.cic.gc.ca/english/resources/tools/perm/express/refuse.asp> It clearly states that if your birthday falls after the ITA and before you file the e-APR, you will get the exemption and the age will not be an issue.

An applicant may have a birthday after they receive an ITA but before they submit their e-APR. Their change in age may lower their CRS score below the lowest score in the round of invitations. It may also result in the applicant no longer meeting the minimum requirements of the FSWC and, consequently, no longer meeting the MEC, resulting in a refusal based on section A11.2.

When a change in age results in the candidate no longer meeting the MEC or having their recalculated CRS points score fall below the lowest points score in that round of invitations, officers should consider applying the public policy to exempt applicants for permanent residence from certain age-based requirements between invitation to apply and application, based on section A25.2. This consideration can result in an exemption from the refusal of an application under section A11.2.

This public policy also grants an exemption to applicants who may be refused for failing to meet FSWC program requirements when their birthday occurs between the ITA and e-APR.

SCENARIO 3

Enter EE pool ------ITA------E-APR-------Birthday

In this situation the birthday will not have any effect since your score is locked in on the date when you file the E-APR. Any changes happening after that will not impact your score or eligibility.

In your case, it will depend in which scenario you fall under, based on when you get the ITA.

Hope this helps!

 

[Chef Sumit]

Thank you Legalfalcon!!! Next draw will only decide what happens to our application!!

 

[rafzy]

Hi Legal Falcon,

I am FSW-Outland Applicant and my complete Timeline is as follows:

EE App Submit:07/08/2016
FSW ITA:02/11/2016
EAPR Submit & AOR:24/11/2016
Meds Passed: 30/11/2016
BG in Progress: 16/12/2016
RPRF Req: 19/12/2016
RPRF Paid: 19/12/2016

On 19th Dec, I got following RPRF payment request from London Visa Office i.e. local visa office for applicants from Pakistan:

Dear Rafzy:

This is in reference to your application for a permanent resident visa, which has been found eligible in the Class for which it was submitted. Admissibility review (security, criminality and/or medical) is still ongoing; you will be contacted if additional information is required for that purpose.

Before we can approve your application, we require payment of the Right of Permanent Residence Fee (RPRF). You must pay this fee before a permanent resident visa can be issued. The RPRF must be paid once for yourself as a principal applicant and once for your accompanying spouse or common law partner, if applicable.

If you delay the payment of the RPRF, your security or medical results may expire, which would delay the issuance of your visas. We therefore encourage you to pay the RPRF as soon as possible, by following these steps:
 Go to our Online Payment webpage : https://eservices.cic.gc.ca/epay/
 Read the instructions on each page, and click “Continue” to proceed
 Select the “Immigration” link, followed by “Right of Permanent Residence Fee”
 Enter the number of fee payments (1 or 2) in the box beside the fee of $490
 Click “Submit”
 Proceed to pay your fees by selecting “Pay” and then follow the instructions to pay with Visa, American Express or Mastercard.

Once the payment process is complete, the web site will display your official receipt in PDF format.
You must upload a copy of your receipt to your MyCIC account.

The RPRF will be refunded if the application is refused, if you withdraw your application or if you choose not to use your visa.

Your response to the above requests is required by 26 December, 2016.

Sincerely,
Immigration Section

The current status of my application is as follows (as seen in MYCIC):

Application/profile status Open
Review of eligibility Review in Progress
Review of medical results Passed
Review of submitted documents Provided
Scheduling an interview Not needed at this time
A background check is needed In Progress
Final decision Not Started

Based on the above data, I have following few queries in my mind and would be thankful if your can please answer them:

1. My application Background check status switched to "IN PROGRESS" 3 days before i got RPRF request from LVO. Is it normal for FSW-Outland applicants ?

2. The RPRF letter that I got from LVO states that my application has been found eligible under the category in which it was applied (which was FSW-Outland).

A) Is this some copy past letter the LVO sends to all of its applicants ?
B) By Eligibility meeting, Does LVO mean that my application has met FSW Eligibility requirements both from CIO and LVO ?

3. I have paid RPRF on 19th Decemer and Uploaded the Receipt on the same day on MYCIC as instructed by LVO in the RPRF Letter. However, till this day my document status is "Provided" and why not "Received" ?

4. Regarding Admissibility Reviews, What checks do they do and how long it takes usually for an FSW-Outland applicant ?

5. How soon can I expect a PPR email from LVO or CIC ?

Hoping to hear from you soon.

Thanks.

Rafzy

 

[Surbhigurpreet]

Since you are self employed, the documents that you have listed look sufficient. IF you can add a few more, that would be advantageous, but so far I do not see a problem. If CIC may have questions, they will ask you for additional documents and at that time you can add more depending on what is asked for.

As regards your NOC, I will still go with 4211, however, you are free to consult other people on the forum and make your decision. Alternatively, if you would like, I can refer you to a lawyer, a personal friend of mine, for a consultation and he can give you a conclusive answer.

All the best!

Thank you legal falcon. I will surely get in touch with you regarding same. I hve ordered. Otes and shall have them by next month. I shall talk to you friend post same. Thank u. Appreciate ur help...

 

[Ferasz]

Hi Legalfalcon
I have my AOR since 6 December, but yet I don't have the UCI. How can I get it?

Thanks