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

[HopeCanadaHelp]

Hello @legalfalcon,

I wanted to know if you could throw some light on my situation. I applied for PR under FSW-Outland category. I am the primary applicant and my husband is listed as non accompanying spouse as he did not want to accompany me as of now since he had a work contract he wanted to complete. I got my PPR request on June 1st and submitted my passport and got it back on June 13th.
Between then and now, my family situation changed drastically. My husband and I decided our marriage wasn't working out and we had to accept it now better than ever as I got my COPR and would leave to a different country. So we decided to split. We started the divorce process and expected it to take at least 3 months. So, I was looking into filing legal separation and update CIC about it. But today, our attorney called and said that there is a hearing date available as soon as June 27th and we could be granted divorce on the same day. Now, my worry is.. would CIC think that I knew that my marriage broke down and didn't inform them since it has only been about 15 days from the day my COPR has been issued that I headed for a divorce. I am already in a very stressful situation with my impending divorce and I don't want to lose my COPR as well. Could you please advice on how I should proceed? Should I
- postpone my divorce date and file a legal separation and let CIC know or
-go ahead with 27th divorce date and intimate CIC

Any help is greatly appreciated.

Thank you.

 

[fazilasadiq]

Hello @legalfalcon,

I wanted to know if you could throw some light on my situation. I applied for PR under FSW-Outland category. I am the primary applicant and my husband is listed as non accompanying spouse as he did not want to accompany me as of now since he had a work contract he wanted to complete. I got my PPR request on June 1st and submitted my passport and got it back on June 13th.
Between then and now, my family situation changed drastically. My husband and I decided our marriage wasn't working out and we had to accept it now better than ever as I got my COPR and would leave to a different country. So we decided to split. We started the divorce process and expected it to take at least 3 months. So, I was looking into filing legal separation and update CIC about it. But today, our attorney called and said that there is a hearing date available as soon as June 27th and we could be granted divorce on the same day. Now, my worry is.. would CIC think that I knew that my marriage broke down and didn't inform them since it has only been about 15 days from the day my COPR has been issued that I headed for a divorce. I am already in a very stressful situation with my impending divorce and I don't want to lose my COPR as well. Could you please advice on how I should proceed? Should I
- postpone my divorce date and file a legal separation and let CIC know or
-go ahead with 27th divorce date and intimate CIC

Any help is greatly appreciated.

Thank you.

You never got any points for your spouse because he was non accompanying in your application so you won’t lose your COPR but its better to inform IRCC as soon as possible.

 

[ankitdhawan]

Hi all,

I have a query re the ITA application, My wife uses her maiden name in all documents: passport, education, WES, Work ex certificate etc. However, our marriage certificate mentions her post marriage surname and in brackets "Before Marriage - her maiden name". It is the format of the issuing authority. Will it cause a problem in my application?

I intend to mention the scenario in LOE. Do i need to write Yes in - Have you used any other name in the past? Actually we never user her after marriage name but marriage certificate mentions it

Thanks in advance

 

[legalfalcon]

Hi sir
my mother PA applied for PR in the year 2010 from outside canada, i a dependant child age 22. I was studying till may 2012. Got job in dec 2012. I joined the job as it was not known as how many more years will take to decide.
We got medicals in 2013 and were asked to submit studying proof for me.
My parents arranged som fake study certificate and submitted. It was caught and got ban for two years for me and mother.
Since I m married by now and wish to apply myself with my spouse with all 100% authentic documents. Will CIC process my application or what.
We have very good score, and other credentials to apply.
what will be the effect of old case. We are so worried as to apply or not.

In your case your old application will not impact your case in terms of eligibility, but your application will have a higher scrutiny and you will need to address the prior application and ban in your LoE.

 

[legalfalcon]

NOTES: REVIEW REQUIRED FOR ARRANGED EMPLOYMENT RE:ONE YEAR OF EMPLOYMENT AFTER PERMANENT RESIDENCE VISA ISSUANCE A11.2:REVIEW REQUIRED R87.1:CEC MINIMUM REQUIREMENTS- MET RPRF: COMPLETE

This is what is written in the notes column.

IRCC is need to evaluate your arranged employment and its authenticity. After that is done, your eligibility will be cleared. IRCC may contact your prospective employer.

 

[legalfalcon]

Hi all,

I have a query re the ITA application, My wife uses her maiden name in all documents: passport, education, WES, Work ex certificate etc. However, our marriage certificate mentions her post marriage surname and in brackets "Before Marriage - her maiden name". It is the format of the issuing authority. Will it cause a problem in my application?

I intend to mention the scenario in LOE. Do i need to write Yes in - Have you used any other name in the past? Actually we never user her after marriage name but marriage certificate mentions it

Thanks in advance

In the form write yes, and put your wife's maiden name. Also, your wife will need to execute a same name affidavit for the different name as it appears in her documents and in the marriage certificate.

All this also has to be addressed in LoE.

 

[smile 15]

In your case your old application will not impact your case in terms of eligibility, but your application will have a higher scrutiny and you will need to address the prior application and ban in your LoE.

Thank You
We are giving file no. and that there was a ban which has been served

 

[legalfalcon]

Hi @legalfalcon,

1. What shall I put in the "Has this person ever used any other name", if my passport states one of my first name's as the surname, and the actual surname is given under first or given names. Can I add my actual last name starting with the first names, when filling the Post-ITA application? Should I select as Birth in the drop down?

2. If a parent is deceased, what shall I put for the "City/town of residence"

1. Your name as it appears in the passport has to be there in your application. If you want to change it, you will need to change it in your passport too.

2. There will be a drop down for deceased.

 

[legalfalcon]

Hi @legalfalcon,

I was told 2 weeks ago by the IRCC support center, that my application had been transferred from London to LA. However I got an email from the LA office stating that my application was not with them. I planned to put in a CSE, but I already ordered new gcms notes. Should I wait for the notes instead or should I immediately raise a CSE since I’m unsure of the location of my application? Thank you so much for all your support.

The VO where your application is is irrelevant. Instead you should focus on which stage your application is at. Also, in your GCMS, the VO will be mentioned. So just wait for the GCMS before enquiring again.

 

[legalfalcon]

Hello @legalfalcon,

I wanted to know if you could throw some light on my situation. I applied for PR under FSW-Outland category. I am the primary applicant and my husband is listed as non accompanying spouse as he did not want to accompany me as of now since he had a work contract he wanted to complete. I got my PPR request on June 1st and submitted my passport and got it back on June 13th.
Between then and now, my family situation changed drastically. My husband and I decided our marriage wasn't working out and we had to accept it now better than ever as I got my COPR and would leave to a different country. So we decided to split. We started the divorce process and expected it to take at least 3 months. So, I was looking into filing legal separation and update CIC about it. But today, our attorney called and said that there is a hearing date available as soon as June 27th and we could be granted divorce on the same day. Now, my worry is.. would CIC think that I knew that my marriage broke down and didn't inform them since it has only been about 15 days from the day my COPR has been issued that I headed for a divorce. I am already in a very stressful situation with my impending divorce and I don't want to lose my COPR as well. Could you please advice on how I should proceed? Should I
- postpone my divorce date and file a legal separation and let CIC know or
-go ahead with 27th divorce date and intimate CIC

Any help is greatly appreciated.

Thank you.

Until the day your get the divorce decree, i.e. when it is granted by the Court, you are legally married. Only after you get the divorce you should inform IRCC. It will not impact your CoPR or your application at all.

"Legal seperation" is a legal term and will depend on the country you are in. If you are from India, there is nothing as legal separation. However, it will also depend on the laws under which you were married and which jurisdiction you are in.

In either case, your application will not be affected and you need not worry about anything. If you have decided to get divorced, do it, you can move to Canada at anytime. All you need to understand is this:

When you file an application where your spouse is non-accompanying, IRCC asks for your spouse's passport, PCC and Medicals. This is because if any member of the family is inadmissible on any ground, the whole family will be rendered inadmissible as IRCC does not want to split families and encourage fake divorces and separations.

Also, you need to mention your spouse's details so that later you can sponsor him. In your case, your application has already been approved and you have the CoPR. You can enter Canada anytime you want. Whenever you get the divorce, you can simply inform IRCC of the same. All that informing IRCC would do would be that if your ever get married again to a foreign national and decide to sponsor him, IRCC will already have it in their record that your are divorced, and also you will not be allowed to sponsor your ex.

But in a nut shell, no need to get stressed and no need to postpone anything. Just relax.

 

[ankitdhawan]

In the form write yes, and put your wife's maiden name. Also, your wife will need to execute a same name affidavit for the different name as it appears in her documents and in the marriage certificate.

All this also has to be addressed in LoE.

Thanks a ton mate, our marriage certificate mentions both names for my spouse: "MyName MySurname married to HerName MySurname (before marriage - HerName HerSurname)". do i still need same name affidavit as marriage certificate specifies both names
Also, if i mention maiden name in Other Names, it will be same as applicants name because our entire application, all her documents have her maiden name only. the only place where my surname is used is marriage certificate.

 

[Akhs]

IRCC is need to evaluate your arranged employment and its authenticity. After that is done, your eligibility will be cleared. IRCC may contact your prospective employer.

@legalfalcon but in one of the pages of my GCMS notes under the ARRANGED EMPLOYMENT it's is mentioned FSW ARRANGED EMPLOYMENT - MET. So if it's MET then why have they mentioned Review Required in notes.

 

[villavittoria]

The VO where your application is is irrelevant. Instead you should focus on which stage your application is at. Also, in your GCMS, the VO will be mentioned. So just wait for the GCMS before enquiring again.

@legalfalcon thanks so much! I’ll wait then... since my last gcms notes only had review required in the analyst’s section for the eligibility without any reason and the summary had eligibility as not started, should I assume that there are some cases where the analysts don’t review eligibility. Instead the computer marks those ones as review required? I’m just trying to understand why the analyst marked eligibility as review required without giving a reason. I know that there’s a lot of backlog these days. So could this be a new step, where the analysts only check r10 compliance?

 

[HopeCanadaHelp]

Until the day your get the divorce decree, i.e. when it is granted by the Court, you are legally married. Only after you get the divorce you should inform IRCC. It will not impact your CoPR or your application at all.

"Legal seperation" is a legal term and will depend on the country you are in. If you are from India, there is nothing as legal separation. However, it will also depend on the laws under which you were married and which jurisdiction you are in.

In either case, your application will not be affected and you need not worry about anything. If you have decided to get divorced, do it, you can move to Canada at anytime. All you need to understand is this:

When you file an application where your spouse is non-accompanying, IRCC asks for your spouse's passport, PCC and Medicals. This is because if any member of the family is inadmissible on any ground, the whole family will be rendered inadmissible as IRCC does not want to split families and encourage fake divorces and separations.

Also, you need to mention your spouse's details so that later you can sponsor him. In your case, your application has already been approved and you have the CoPR. You can enter Canada anytime you want. Whenever you get the divorce, you can simply inform IRCC of the same. All that informing IRCC would do would be that if your ever get married again to a foreign national and decide to sponsor him, IRCC will already have it in their record that your are divorced, and also you will not be allowed to sponsor your ex.

But in a nut shell, no need to get stressed and no need to postpone anything. Just relax.

Thank you so much for your clarification and assurance. It gives me tad bit of hope amidst the chaos. I will update this thread on how it goes from here to help anyone who might be facing a similar situation.

 

[dolfin]

YEs, CBSA notes are different from cSIS. While CSIS only informs you when the screening was started by CSIS and when it ended. However, CBSA provides you with a GCMS in which security is not retracted.

Thank you so much!