hey freddie!

WORK PERMIT & L.M.O.

As of now, I have no L.M.O. or any job offer that is approved by HRDC. I am on Post Graduate Work permit and if i choose to stay I will get an extension or I can also find another employer. But even then I will extend my work permit and change it to IT WORKER VISA from the current Post grad work permit.
Even in that case i wont have L.M.O. . Moreover, the process of LMO is length and the extension thru HRDC takes 3 months where as IT worker VISA comes in a months time.
Anyways, I would be applying under FEDERAL SKILLED WORKER CLASS. And in that case it WON'T be processed with in Canada anyways. I would be sending it to Buffalo office and it will come under the category of Applications being processed outside of Canada. But i would still have the advantage of getting the processing done with in 10-12 months as I studied here ,worked here, paid my taxes. I qualify as my points are above 67. And this immigration system is i suppose is point based.

I know that after July 26th 2008 I cant re-enter Canada until my PR card arrives.
And anyways I wont be requiring to enter Canada as i would be busy working in Europe on my prospective project. I have given the mailing address of a Canadian family and they are close friends. So if there is some message/correspondence from CIC they would inform me.

I am aware that many of my friends who were there with me in toronto applied for PR from Toronto to Buffalo office and left for India. They also plan to return to Canada once their PR arrives.

I would like to know if its ok on my part? Will I be fine? I dont want to lose the opportunity to acquire PR status here and at the same time I want to build better profile and make some extra buck while I am working in Europe.
Please let me know if i can do this. I hope i wont be spoiling my chances here to get PR status in Canada. Once I apply with proper papers and documents and send it to Buffalo and get the ball rolling..how does it matter if i am in Canada or not? This i want to know? When my application is not being processed from with in Canada then how does it matter if i am here or not?

I have also sent an email to Buffalo Immigration office asking the same. I hope they reply ASAP so that I have some clue on this.

Meanwhile, i request you to go through this recent most post of mine and please answer the last bunch of queries i have put up.

regards,
Digi

Hi again,

If your friends who were in a similar position, have applied and left Canada for greener pastures, after applying from here and are waiting for a favorable reply, then please find out from them what their current status is and get to know more from their correspondence how soon they expect to get their approval. Would like to hear more about the success stories.

The information you are providing in this letter will facilitate me to delve deeper into the process, from the outside Canada procedures, for the Federally Skilled Worker's Class.
If you wish to stay and if you think that your decision to choose the IT Worker visa, will simplify the matters and if it gets your application process into the main stream and provides you with a PR entry, then please proceed in that direction. The decision is yours to make, either stay or go to Europe.

I note that you do not have Multiple entry Visa.

I for one cannot change my hats to inform you about anyone's success in this. It all depends on the merits, that the Officer sees in YOUR application and the DEMAND for your profession here in Canada currently, or projected requirement of the number of qualified personnel, in the immediate future.

There are many who apply from within Canada, who are currently on a Work Visa for a year and a few on Two years, who have successfully obtained a PR status with a sponsoring letter from their employer, who initially got a work permit for them and in a few cases an L.M.O. papers for them, even the second time. Once they got their PR status, their positions here became more stable. Hence the suggestion to proceed in that direction. Here the success was based upon the applicant's performance at work and the employer co-operating in providing him with a sponsorship letter. This is a win-win situation.

Keep us posted about the materials from Buffalo too.

Good Luck.

Freddie.

Hi Freddie,

It's me again. Finally, I have filled up all the forms. All documents, original and photocopies are ready.
I met an Immigration Lawyer and he told me that once an application is sent to Buffalo Office in New york, its processed under the APPLICATIONS PROCESSED OUTSIDE CANADA and once a file no. is issued the file cannot be transferred to India
and I can leave the country till my PR arrives and I can only enter if i have a multiple entry VISA. I might also need a USA Visa to appear for an interview if there is a call for an interview. So all in all, I am safe to apply for PR application and leave for Europe and wait till my PR arrives.

Now, I need to know if anyone here has ever used/included
a NON-ACCOMPANYING FAMILY MEMBERS DECLARATION
This is what mentioned in the Checklist Form of PR application.

NON-ACCOMPANYING FAMILY MEMBERS DECLARATION (IF APPLICABLE):
If you have a spouse, common-law partner or dependent children and you do not
intend to include them in your application for permanent residence, submit with your application a notarized statutory declaration stating your intention to proceed to Canada without your family members, and confirming that you understand that your family members must meet immigration requirements in their own right if they wish to join you in Canada.


Do you have any idea about the format of this? Any example or if someone has made a declaration like this before? I would like to know. I also have to get it Notarized by a Notary Public.

regards,
Digi

Hi,
What I gather from your statement about non accompanying members is: That you have talked with her/him or them and tried to convince them to accompany you and they agreed not to come down with you to Canada when your application is approved. Also they will make a statement to that effect and notarize the same and you will submit it to the CIC in Buffalo.

Please bear in mind that they may be subject to all of the formalities now or at a later stage as they may find it fit to put you through, prior to your application getting approved. To provide you with an example, a medical examination of all of the people that you submitted in your application as relatives, spouse or children as the case may be.
They 'might also' ask them to provide separate proof of funds for them and they have to pass all of the requirements too, like what you are doing now, whenever they want to join you at a later date. (You cannot sponsor them)

Since you have been to see a lawyer and you have been given proper guidance, what ever that I am telling you here is redundant. Do I make myself clear? So, please follow the instructions that he gave you. That will be the right route.

Please bear in mind that once you leave Canada and you settle down in a job in Europe, you will have to provide the CIC with another police clearance from the place you are going to and at that time they will ask you for a similar one from Canada also, if they will need one? So, prepare for all of this and for a US Visa also.

Freddie.

""ISSUE #3: FAMILIES NEVER TO BE UNITED: EXCLUDED FAMILY MEMBERS
Since June 2002, Canadian immigration regulations state that a person is not a family member if they were not examined by a visa officer when the person trying to sponsor them immigrated to Canada. The result of this rule is that a number of families are forever unable to reunite. Children are being kept from
their parents, and spouses are told they can never be reunited in Canada. The punishment for not having a family member examined is lifelong, since an excluded family member remains eternally an excluded family member.""

**http://www.acicgroup.com/webtool/html/admin/upload/upfiles/2007116172821.pdf
Here is a typical form that you can use.:
In my application for permanent residence in Canada, I have not included my or my
Spouse’s/common-law partner’s dependent, . I do not wish to have him/her examined for immigration purposes.
I am aware that section 117(9) (d) of the Immigration and Refugee Protection Regulations
stipulate the following:
117. (9) No foreign national may be considered a member of the family class by virtue of their relationship to a sponsor if
(d) the sponsor previously made an application for permanent residence and became a permanent resident and, at the time of that application, the foreign national was a non-accompanying family member or a former spouse or former common-law partner of the sponsor and was not examined.
I therefore acknowledge that, since the above dependent is not being examined, I may not in the future sponsor him/her as long as the above section remains in force.

Hi freddie,

I DO want to INCLUDE her in my application and sponsor her later when my PR arrives. that's it.


This is the reply i got from Buffalo immigration Office in new york.

"You must include your spouse on your application but you can list her as non-accompanying. Please be aware she will be required to meet all the statutory requirements at the time of your application. For additional information, please visit: http://www.cic.gc.ca" rel="nofollow">LINK

Client Service
Immigration Section
Canadian Consulate General"



They are saying YOU MUST INCLUDE YOUR SPOUSE.... BUT YOU CAN LIST HER AS NON-ACCOMPANYING.

THis is confusing. It means that In the Application for Permanent Residence in Canada, On page 2 of 2 in the Details of Family member where it is asked:

Will Accomapany you to Canada

I choose NO ?

Then where do I "INCLUDE" her ? And would you please explain what do they mean by saying include your spouse? Where is that? I mean where can I stress the fact that I would like to include her in my application and sponsor her later when my PR comes.


regards,
Digi

It is all clear.

""ISSUE #3: FAMILIES NEVER TO BE UNITED: EXCLUDED FAMILY MEMBERS
Since June 2002, Canadian immigration regulations state that a person is not a family member if they were not examined by a visa officer when the person trying to sponsor them immigrated to Canada. The result of this rule is that a number of families are forever unable to reunite. Children are being kept from
their parents, and spouses are told they can never be reunited in Canada. The punishment for not having a family member examined is lifelong, since an excluded family member remains eternally an excluded family member.""

Bungled bureaucracy and concentrated Bull.... You both are adamant. Read the paragraph above. 'That is the punishment......'

What you are trying to do is: "You are trying to cut a few corners, in trying to save a few dollars and they are trying to do their worst by making you spend twice as much".

You should know how all of this came about and what the courts here decided and how this got included into the immigration application forms. It takes time to read the treatise on immigration and you don't have it.
That is where the lawyers rule the roost.

You please go the Lawyer route and adhere to the advice that he provides.

Freddie.

THANKS FREDDIE!!


I am changing the whole idea now.
I WILL TICK YES in the section
WILL ACCOMPANY YOU TO CANADA.

I WANT TO SPONSOR HER EVENTUALLY. AND ITS NOT THAT SHE DOESNT WANT TO COME. I WAS ADVISED BY FRIENDS TO APPLY FOR MYSELF AS IT WOULD COME FASTER AS SHE IS THERE IN INDIA AND HER BEING THERE AND ME BEING HERE WOULD DELAY THE PROCESS.

Now, I will say YES, she will accompany to me to Canada. THis will INCLUDE ehr in my application.

I will pay for ONLY for myself as of now. I have all her imp. documents with me here like passport copy and police certificate and all.

And set the ball rolling....this is a time taking process and in case if they want some more docs from me I will provide it later.

thanks. Your suggestions, info and advise is INVALUABLE!
I thank you from the core of my heart and pray to god all the best wishes for you and your family. You saved me from making a grave mistake of signing that non-accompanying family member declaration. Hats off to you my brother!
thanks


Confusion solved now. its all clear. no more clouds of doubt. I am going ahead and applying.

regards,
Digi