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

[dholhin1]

Hello there,
Today CIC requested me to submit Medical Exam results of my spouse. She had done exam last year and it expired last month while Application was under process.

Problem starts here,
I've applied as Non-Accompanying spouse because things didn't go well between us and we are taking divorce. I was been waiting desperately for PR so afterword I could initiate divorce process from here. Her family been consistently pushing me to start divorce asap and lot stress from mine family too. I am sure she's not gonna cooperate me anyhow for medical exam because of her family pressure. Only choice left is to decline ITA and process now and take divorce first..
Please give me advice what else can be done in this situation.

 

[axolotl]

Hi,

I've raised 2 CSEs after my AOR, and my profile status has changed from " addtional documents are being reviewed" to " the additional documents you provided have been uploaded". Could this be a form of acceptance of the CSE? Or is it just an update to the initial status message of that it was being reviewed?

It will move back and forth between "additional documents are being reviewed" and "the additional documents you provided have been uploaded" if you have raised multiple CSEs.

 

[legalfalcon]

Hi Legalfalcon,

Hope you are doing well. I have a following queries. Your help is appreciated.

I got EOI, dated 29th June, 2017 from OINP HCP stream based on following job NOC and work history details mentioned in my express entry profile:

Primary Job NOC in Express Entry (EE) profile - 2281
Work history:
- Job NOC 2281 - 7+ years,
- Job NOC 2173 - 4+ years (current/latest job)

The same work history details were submitted in the OINP application. And OINP application didn't asked to specify Primary Job NOC.
Now that I have got nomination by OINP and the nomination certificate states my Job NOC and occupation as 2281 - Computer network technicians. This implies that once I receive ITA from CIC, I have to apply with primary job NOC 2281 (same as mentioned on OINP nomination certificate).

Question:

1. My recent work experience 4.2 years in last 5 years is in NOC 2173. Would it makes me ineligible in provincial or CIC work experience criteria which states to have minimum 1 year experience in last five years?

2. Is it possible to change the recent work experience NOC 2173 to NOC 2281 in my express entry profile now before ITA to take care of the above question, since 70% of roles and responsibilities meet according to my reference letter of recent job?

3. Would it be possible to request OINP to change my job occupation/NOC on the nomination certificate since both job NOCs fall in ICT and HCP stream?

4. If I reject EE ITA now, would my profile remain in the EE pool with additional 600 points increase due to OINP nomination?


What is the best way to handle this situation meeting eligibility criteria (s) for both OINP and EE? And avoid any misinterpretations which can lead to rejections by CIC?

Looking forward to your help asap.

Thanks!

Best regards,
Che10

1. My recent work experience 4.2 years in last 5 years is in NOC 2173. Would it makes me ineligible in provincial or CIC work experience criteria which states to have minimum 1 year experience in last five years?

All you need is to make sure that you get minimum of 67 points to meet the FSW

Even if you get a PNP nomination, you still need to meet FSW, FSTC or CEC Minimum Eligibility Criteria. IRCC states the following <http://www.cic.gc.ca/english/resources/tools/perm/express/refuse.asp>

As per section A11.2, PNC applications that come through Express Entry must also meet the requirements of one of the three immigration programs managed through Express Entry (FSWC, FSTC, or CEC).

A candidate may appear to meet the program requirements of more than one federal immigration program. When this occurs, the processing office must only determine that the applicant meets the requirements for one of the federal programs for which they have been tagged. Once the applicant is determined to have met the requirements for one of the federal immigration programs, there is no need for further assessment of the others.

Processing offices should assess PNC applicants for federal programs in the following order:
​

• CEC
• FSWC
• FSTC

Should the applicant fail to meet the requirements of the first program considered, the processing office should consider the other programs in which the applicant has been tagged until either the applicant meets the requirements of one program or all possible programs in which the applicant has been tagged have been considered.

If it is determined that the applicant does not meet any of the tagged federal immigration programs, the application should be refused under section A11.2. Misrepresentation should also be considered, where applicable.​

For the FSW eligibility requirements you can read here - http://www.cic.gc.ca/english/resources/tools/perm/econ/fsw/minimum.asp



The applicant must have accumulated at least one year of continuous full-time (or the equivalent in part-time) paid work experience in the occupation identified in their application for permanent residence as their primary occupation. In calculating this period of work experience, the occupation must be listed in skill type 0 (Managerial occupations), skill level A (Professional occupations) or skill level B (Technical occupations and skilled trades) of the National Occupational Classification (NOC) 2011 [R75(2)(a)].

The applicant’s skilled work experience must also

• have occurred within the ten years preceding the date of their application for permanent residence; and
• not be in an occupation that has been designated as a restricted occupation.

Note: At the time of publication, no occupations were designated as restricted.

In addition, during that period of employment, the applicant must have

• performed the actions described in the lead statement for the occupation as set out in the occupational description of the NOC [R75(2)(b)]; and
• performed a substantial number of the main duties, including all of the essential duties, of the occupation as set out in the occupational description of the NOC [R75(2)(c)].

Note: The applicant does not need to demonstrate that they meet the “employment requirements” listed in the NOC occupational description.

2. Is it possible to change the recent work experience NOC 2173 to NOC 2281 in my express entry profile now before ITA to take care of the above question, since 70% of roles and responsibilities meet according to my reference letter of recent job?

Read above. You need at lest 1 year of continuous full time work experience in the NOC of your selection. Other work experience can be in different NOCs and you can combine them together to get points for the work experience.

For FSW you get maximum points for 6 years of work experience
For CRS you get max points at 3 years of work experience.

3. Would it be possible to request OINP to change my job occupation/NOC on the nomination certificate since both job NOCs fall in ICT and HCP stream?

I am not sure, why you need that? Can you elaborate.


4. If I reject EE ITA now, would my profile remain in the EE pool with additional 600 points increase due to OINP nomination?

If you reject ITA, your profile will stay in the pool for 1 year from the date you made it. The nomination will also be there. If you delete your profile and make a new one, you will need to ask ONIP to transfer the nomination to the new EE profile.

 

[legalfalcon]

Hi Legalfalcon,

My 18th birthday is Nov 30 2008. At that time I was studying my bachelors.
My concern is that my Bachelor started from Sept 2008 - Sept 2012. So which start date should I put for this Education activity in Personal history, Nov 2008 or Sept 2008?
Currently I put Sept 2008 to be consistent with Education history, but this date is not my 18th birthday.

Thanks a lot for all your replies!

IRCC is concerned about the lat 10 years or since when you turned 18. If you go beyond 18, it doe not matter. So go ahead and give 2008 - 2012.

 

[legalfalcon]

Hello there,
Today CIC requested me to submit Medical Exam results of my spouse. She had done exam last year and it expired last month while Application was under process.

Problem starts here,
I've applied as Non-Accompanying spouse because things didn't go well between us and we are taking divorce. I was been waiting desperately for PR so afterword I could initiate divorce process from here. Her family been consistently pushing me to start divorce asap and lot stress from mine family too. I am sure she's not gonna cooperate me anyhow for medical exam because of her family pressure. Only choice left is to decline ITA and process now and take divorce first..
Please give me advice what else can be done in this situation.

Even if you have a non accompanying spouse, you have to provide her medicals and PCC. This is because you may later decide to sponsor your spouse and your spouse should not be inadmissible. Anticipation of divorce is no ground.

However, if you initiate the divorce proceedings, you can then ask IRCC to exempt you from your spouse's medical and PCC. But you will need to provide the documentation from the court.

 

[dholhin1]

Even if you have a non accompanying spouse, you have to provide her medicals and PCC. This is because you may later decide to sponsor your spouse and your spouse should not be inadmissible. Anticipation of divorce is no ground.

However, if you initiate the divorce proceedings, you can then ask IRCC to exempt you from your spouse's medical and PCC. But you will need to provide the documentation from the court.

I've been in Canada for almost four years and got married in India in June 2016. I am about to file divorce from one of the Family Court Ontario.
Any idea what kind of docs CIC will need in order to ensure our separation. Just the proof of proceeding or divorce certificate?

 

[legalfalcon]

I've been in Canada for almost four years and got married in India in June 2016. I am about to file divorce from one of the Family Court Ontario.
Any idea what kind of docs CIC will need in order to ensure our separation. Just the proof of proceeding or divorce certificate?

Just the proof of proceeding will be enough for you to seek exemption from filing your spouse PCC and medicals.

 

[lino82]

Hi legal falcon,
I have two queries,kindly advise

1. Will primary applicant have to upload birth certificate...? I have as my date of birth proof, Secondary School leaving certificate/ Identity card issued by Govt of India / passport / Income Tax PAN card...I also have obtained a 'non availability of birth registration details certificate' from local governance body as my birth wasn't registered at the time of birth and hence no birth certificate is available.
2. Do we have to fill in the details since last 10 years only under work history / personal history ? I'm 35 now and will i be required to fill in details prior to 2007 in personal history / work history??
thank you...

 

[Nik_shy]

Hi @legalfalcon

I am really worried about my case,
FSWO
AOR 16 Feb
Medical pass 16th March
RPRF requested and paid in April
BG NA since April.

I am worried as there is no movement in my file since April. I have sent mail to IRCC as well, but the only reply i got that my file is at Ottawa CPC no other info, Also called an agent but got the same reply. They have not even asked for any additional document ( as in some case like mine i have seen IRCC have asked for additional doc which might be the reason for delay). It seems no one has looked at my file for more than 3 months now

I have also ordered GCSM in July end , waiting for its arrival. However if you could give me some idea what exactly they process at CPCO that took so long for me?
Also will they transfer my file to LVO or it can be finalized at Ottawa as well? I hope this wait ends for me soon.

Also i am completing my six months mark next week

Awaiting your response!!
Many Thanks

 

[Chef Sumit]

Hi @legalfalcon

Thank you for your help so far. I have couple of questions please advise and thanks in advance.

My timeline so far is:
AOR- 30th March
Med Passed- 2nd June
BG IP1- 4th June
BG NA-18th June
No additional docs required-14th July

After this there has been no movement in BG check I am still at NA and have completed more than 130 days post AOR. I see lot of people getting PPR in less than 60 days now, so I was little worried. Do you advise to take some action like calling them or writing an email or rather ordering GCMS notes or just wait for few more days?

Please advise and thanks once again.

 

[legalfalcon]

Hi legal falcon,
I have two queries,kindly advise

1. Will primary applicant have to upload birth certificate...? I have as my date of birth proof, Secondary School leaving certificate/ Identity card issued by Govt of India / passport / Income Tax PAN card...I also have obtained a 'non availability of birth registration details certificate' from local governance body as my birth wasn't registered at the time of birth and hence no birth certificate is available.
Birth certificate is not required for the EE, unless to show proof of relationship.

2. Do we have to fill in the details since last 10 years only under work history / personal history ? I'm 35 now and will i be required to fill in details prior to 2007 in personal history / work history??
thank you...
For work history, only for the points claimed.
For personal history, last 10 years for from when you turned 18, which ever is earlier.

 

[legalfalcon]

Hi @legalfalcon

I am really worried about my case,
FSWO
AOR 16 Feb
Medical pass 16th March
RPRF requested and paid in April
BG NA since April.

I am worried as there is no movement in my file since April. I have sent mail to IRCC as well, but the only reply i got that my file is at Ottawa CPC no other info, Also called an agent but got the same reply. They have not even asked for any additional document ( as in some case like mine i have seen IRCC have asked for additional doc which might be the reason for delay). It seems no one has looked at my file for more than 3 months now

I have also ordered GCSM in July end , waiting for its arrival. However if you could give me some idea what exactly they process at CPCO that took so long for me?
Also will they transfer my file to LVO or it can be finalized at Ottawa as well? I hope this wait ends for me soon.

Also i am completing my six months mark next week

Awaiting your response!!
Many Thanks

Usually at the CPC the initial eligibility is done and he file is sent to the LVO, for finalizing eligibility and BGC. However, with the workload distribution, some files are being processed at CPC itself and only for the final BGC they are sent to LVO. The picture will be clear after you receive the GCMS notes.

 

[legalfalcon]

Hi @legalfalcon

Thank you for your help so far. I have couple of questions please advise and thanks in advance.

My timeline so far is:
AOR- 30th March
Med Passed- 2nd June
BG IP1- 4th June
BG NA-18th June
No additional docs required-14th July

After this there has been no movement in BG check I am still at NA and have completed more than 130 days post AOR. I see lot of people getting PPR in less than 60 days now, so I was little worried. Do you advise to take some action like calling them or writing an email or rather ordering GCMS notes or just wait for few more days?

Please advise and thanks once again.

I don't see anything wrong with your application. Each application is processed differently, so just because someone else got PRR, it does not mean that there is something is wrong with yours.

You can definitely call and find out, however the information given is limited. If you order GCMS, you will have a detailed insight into your application and the agent notes. The choice is yours. You can order your notes from https://www.getgcms.com

 

[denapr]

Hello Legalfalcon,

I am pleased to inform you that with I received the golden email today morning.
I am truly grateful for the help and guidance I received from you to fulfil my journey towards Canada PR. May gid bless you.

I need some more help from you. As discussed with you above, I have already applied for passport renewal. However, my PSK appointment date is August 30. Therefore, I can expect the renewed passport only by 7-8 September. Considering 30 day deadline for passport submission, I would need an extension.

-COPR date: August 09
-Passport submission within 30 days

Can you please guide me steps for taking extension from CIC for submission of passport.

When is the right time to seek extension, now or Around 15 days later?

 

[legalfalcon]

Hello Legalfalcon,

I am pleased to inform you that with I received the golden email today morning.
I am truly grateful for the help and guidance I received from you to fulfil my journey towards Canada PR. May gid bless you.

I need some more help from you. As discussed with you above, I have already applied for passport renewal. However, my PSK appointment date is August 30. Therefore, I can expect the renewed passport only by 7-8 September. Considering 30 day deadline for passport submission, I would need an extension.

-COPR date: August 09
-Passport submission within 30 days

Can you please guide me steps for taking extension from CIC for submission of passport.

When is the right time to seek extension, now or Around 15 days later?

Heartiest Congratulations on getting your application approved!! This is great news!!

Just send an email at the id you have in your PPR giving them the explanation that your passport needs to be renewed, and they will extend the deadline. Not a big issue.

Send the email now, since it takes them a week or longer to respond on some occasions. Make sure that in the email you mention the date before which you will not be able to send the passport.