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

[Krish18]

Dear Legalfalcon, I would like to ask a small query about checking the status of the application.

Does calling the CIC automated number every day and getting the update from automated system without speaking to an agent affects the processing time of the application . Do these calls are monitored and recorded. I am abit worried on calling the number for the update thought it's same as login to your account and getting the update without bothering them.

Please throw some light on this matter.

Thanks and regards.
Krish

 

[Indi88]

Thank you as always @legalfalcon

Correct me if I am wrong. The s16 is to see if any of my organizations (jobs related) are involved in criminal activities? In the first notes ORGANIZATIONS & ENTITIES: 0 while in second and third notes it is retracted.
My eligibility is met at analyst level (review required for relative in Canada), will they still contact my previous or current organizations to verify the information I have provided? If so, is this delaying my file?

Thanking you in advance. I hope you have a wonderful day ahead.

 

[Prats6]

Dear Legalfalcon, I would like to ask a small query about checking the status of the application.

Does calling the CIC automated number every day and getting the update from automated system without speaking to an agent affects the processing time of the application . Do these calls are monitored and recorded. I am abit worried on calling the number for the update thought it's same as login to your account and getting the update without bothering them.

Please throw some light on this matter.

Thanks and regards.
Krish

This should not matter, but in general you should send them an email and expect a reply within a week or so. Calling them everyday is of no use.

 

[hamiltondreamer]

Dear @legalfalcon
Good day please I need help with clarification.

when a person clicks on legally separated on the drop down in filling f ITA what is the appropriate answer to this question under marital status:

Have you been in a previous relationship ? Should the answer be yes ?

if I answer yes the next question is how did the marriage end
death,divorce, annulment.
it doesn't say legally separated on the drop down

 

[Dreamboy2017]

Dear @legalfalcon
I need your urgent assistance.

I applied in 2014 under FSWP and got rejection due to selection of wrong NOC.

Now in 2017, I am at post ITA stage and on the verge of submitting my application.

My question is:

Is it required to say "YES" of the following question in Schedule-A in case of my spouse as she was included in the application as dependent spouse:

"Have you, or, if you are the principal applicant, any of your family members listed in your application for permanent residence in Canada, ever:
been refused refugee status, an immigrant or permanent resident visa or application to the PNP or visitor or temporary resident visa to Canada or any other country?"

Provided that, I have answered this question as 'YES" in my schedule-A form and provided the details.

Should the answer be "YES" for my spouse also in her Schedule-A?

 

[legalfalcon]

Thank you sir @legalfalcon
One question, in post ita it asked me if i did any government position. Here in Canada, I did work for 3 months for Utilities of city.
Will this let me in for security screening as i did government position?

Thanks

Working for the government by itself does not lead to enhanced security screening. It will depend on the nature of the government you worked for and the nature of your job. Eg. military, intelligence, etc.

 

[legalfalcon]

I’m from Libya and I have been living in the US for the last 2+ years on a student visa, and currently working through an OPT work permit.
I received an ADR requesting a Police certificate from Libya. In the cic website they don’t require A PCC from Libya unless they request one. However, in the website they say the following:
“ If you live outside of Libya:
Certificates are not available for former residents. If you no longer live in Libya, you are not required to provide a Libyan police certificate. If you are asked for a police certificate from Libya, write: “I cannot provide a police certificate for the time I spent in Libya because certificates are not available to former residents.”

http://www.cic.gc.ca/english/information/security/police-cert/africa/libya.asp

My question is, what should I do? Should I try to get a pcc from Libya? Or follow the cic instructions and say Libya doesn’t provide pcc for people who don’t live in Libya. Receiving the ADR made me worried, and don’t what to do. Can you help me please understand what to do?

If IRCC has requested for a PCC, and you cannot obtain one, you can send the explanation to IRCC and see if they will waive it. However, if your can provide one, you should as it will make the processing faster.

 

[legalfalcon]

@legalfalcon
Dear Legalfalcon,

I submitted my application on 25th April 2017. Medical passed on 20th June and they requested for Additional PCC from Japan. I uploaded the PCC on 4th July. The additional document status changed to being uploaded>being reviewed>we do not need additional document over next 2 weeks. The last time it changed was on 20th July, even though I did not get any messages.

Meanwhile, background check section has always been: Your application is in the process, we will send you a message once we start your background check.

Last week, on the 28th September, I sent an email to Ottowa and they replied saying "Your application is currently being processed at the visa processing center in Manila". They did not mention when it was transferred, though!

It has been over 5 months since I have applied and the account does not show any significant movements.
I am really worried and nowadays getting worried.

Can you please advise what can be done now? Is there something I should be concerned about?

Many thanks for reading my message. Desperately seeking some advice!

The MyCIC messages are not a very reliable source of knowing what is happening in your application. Each application goes through different stages of processing as defined in the Immigration Law, which are :

R10 completeness
Criminality,
Eligibility
Medicals,
Security.

You can read on these stages here - https://www.getgcms.com/blog/express-entry-application-processed/

If you are concerned about your application you should consider getting GCMS notes. You can also see https://www.getgcms.com/blog/gcms-notes-look-like-order/


Apart from that, there is nothing much you can do except wait.

 

[legalfalcon]

Hi legalfalcon

Would appreciate your help here

The spelling of my Mother's name in my passport has a difference of one letter than her actual name which is in her passport. Should I create an affidavit that both person are the same and submit it in LOE?
I am the primary applicant

You don't have to upload your mother's passport unless you are using it for claiming siblings or relative points. If you are not claiming family points, you can just ignore it.

If you are claiming points, then you will need affidavits.

 

[legalfalcon]

Dear @legalfalcon can we use the same Medical Report which we have used for Study Visa as long as it's still valid? Please help consult. Thank you a lot!

Yes, you can. However, please remember that medicals are valid for only 1 year from the date they are issued. So if your processing takes longer, you can ask for extension or will have to provide a new one, if extension is denied by IRCC. Also after your application is processed and approved, you have to land before with of the following, which ever happens first:

1. Medicals expire (1 year validity)
2. Passports expire
3. 6 months from the date application is approved.

 

[superspecial90]

The MyCIC messages are not a very reliable source of knowing what is happening in your application. Each application goes through different stages of processing as defined in the Immigration Law, which are :

R10 completeness
Criminality,
Eligibility
Medicals,
Security.

You can read on these stages here - https://www.getgcms.com/blog/express-entry-application-processed/

If you are concerned about your application you should consider getting GCMS notes. You can also see https://www.getgcms.com/blog/gcms-notes-look-like-order/


Apart from that, there is nothing much you can do except wait.

Many thanks!

 

[legalfalcon]

Dear @legalfalcon
appreciate your urgent assistance

Application Details:

EE, FSW O (India), AOR 9 Jun 17

Marital Status in application: Legally Separated

as the Divorce petition is still being contested in Indian courts for nearly 1.5 yrs now. The timeframe for final outcome is uncertain and obviously out of my control, it takes its own time as per Indian judicial system.

Documents provided during AOR: Divorce petition copy and LoE

ADR1: 9 Aug requesting Divorce Decree, wherein I responded with LoE, letter from lawyer about court proceedings (including uncertain timeframe) and latest court order

ADR2: 25 Aug requesting Divorce Decree second time and putting file on hold for 60 days.

Given that surely I am not getting a final Decree soon and even do not know when, I am planning to provide the following this time:

a. LoE explaining the timeline is uncertain and not to put me on hold for that long + I made attempts to get her examined but no cooperation attained

b. Solemn declaration (notarized in India) that I undertake not sponsor my non-accompanying spouse under any immigrations program in present / future as per R117(9)(d)

c. Letter from advocate with updates and the timeframe for final decree can take 2-3 yrs or even more

d. chronology of court hearing dates already elapsed


point a,b were also suggested by CIC helpline, who supposedly discussed with Technical team

Will these docs help support my case and convince Visa officer, given that I do not know when the divorce decree will be issued. Can you suggest if I can add anything??

What to do if they still insist on final Divorce Decree?? Pls help

Hi!
Sorry to hear what you had to go through. Let me explain the legal nuances and list out the options you have.

1. If you are married, and if your spouse is not accompanying IRCC wants the medical and PCC for the spouse. This is because if the spouse or the PA is inadmissible on the medical grounds or criminality, the entire family is inadmissible. Further, this also helps since the intention is that you would be later filing sponsorship for the non accompanying spouse.

2. In case you are divorced, then IRCC will need a divorce decree, as it will bar you from sponsoring the same person later and will exempt you from filing the medicals and PCCs.

3. If your proceeding is ongoing, then there is a likelihood that the court may not grant the divorce if it is contested. So IRCC will be cognizant of this fact.

In your case since you have notified IRCC of the ongoing divorce case, in all likelihood IRCC will not approved your application unless they get a document which finalizes the divorce. The documents you have provided in ADR, are all good and support your claim. Now it is discretionary on IRCC how they look at it, and decide to give you a discretional exemption and proceed with your application.

This is to ensure that there is no fraud. If you are legally divorced, you cannot sponsor your ex spouse, also they have to ensure that the divorce is genuine and not to get around the inadmissibility based on medicals. If you become a PR, or a citizen, you are eligible to sponsor your spouse, and even if they are medically inadmissible.

So wait for an answer from IRCC, but I would advise that you focus your energy on your divorce case and make it happen faster.

 

[legalfalcon]

Dear Legalfalcon, I would like to ask a small query about checking the status of the application.

Does calling the CIC automated number every day and getting the update from automated system without speaking to an agent affects the processing time of the application . Do these calls are monitored and recorded. I am abit worried on calling the number for the update thought it's same as login to your account and getting the update without bothering them.

Please throw some light on this matter.

Thanks and regards.
Krish

You can call the automated number as many times as you want, and it has no bearing on your application. However, it doesn't help much.
Each application goes through different stages of processing as defined in the Immigration Law, which are :

R10 completeness
Criminality,
Eligibility
Medicals,
Security.

You can read on these stages here - https://www.getgcms.com/blog/express-entry-application-processed/

If you are concerned about your application you should consider getting GCMS notes. You can also see https://www.getgcms.com/blog/gcms-notes-look-like-order/


Apart from that, there is nothing much you can do except wait or keep calling and asking for any progress on your application.

 

[legalfalcon]

Thank you as always @legalfalcon

Correct me if I am wrong. The s16 is to see if any of my organizations (jobs related) are involved in criminal activities? In the first notes ORGANIZATIONS & ENTITIES: 0 while in second and third notes it is retracted.
My eligibility is met at analyst level (review required for relative in Canada), will they still contact my previous or current organizations to verify the information I have provided? If so, is this delaying my file?

Thanking you in advance. I hope you have a wonderful day ahead.

You can read more on s15/16 here https://www.getgcms.com/blog/s15-s16-top-right-gcms-denote/

You eligibility is not passed until an agent finally confirms it. The program analyst only makes a recommendation subject to the approval by the Agent/officer.

 

[legalfalcon]

Dear @legalfalcon
Good day please I need help with clarification.

when a person clicks on legally separated on the drop down in filling f ITA what is the appropriate answer to this question under marital status:

Have you been in a previous relationship ? Should the answer be yes ?

if I answer yes the next question is how did the marriage end
death,divorce, annulment.
it doesn't say legally separated on the drop down

First, there really is no such thing as filing for ‘legal separation’ in Canada. You are legally separated as soon as you and your spouse are ‘living separate and apart’. However, the term ‘legal separation’ is commonly used to describe the contract that is created between two spouses at the time of their separation.

Second, there is no time limit to being separated, and a divorce will never automatically occur after or because of a separation. In fact, you can remain indefinitely separated from your spouse without ever filing for divorce. The only legal reason to obtain a divorce is if one partner wishes to remarry.

This will depend on your country. Not all countries have the consent of legal separation, annulment etc. So you have to be in compliance with the laws of your country.