Strange reply from NEW DELHI visa office.

[TANMEX]

Hi Scylla, appreciate your reply.
i am pr in canada since 2013. i am working as truck driver and cross border on daily basis. sometimes it's 2-3 days stay in usa but never more than that. I never had any issues crossing border. In last six year i used to visit my family every year for 1-2 months in winters.

Hi Jagga ,

is CIC aware of your daily travels to the U.S ? did you mention that in your application ? If you did not mention it in your application then that's not the reason of the answer you received .

CIC has no means to figure out what you do unless you tell them or of course in case of Criminal record or security concern .

 

[canadianwoman]

Order your GCMS notes again. Obviously something has changed since you last ordered them, because CIC is investigating something. I also figure it must be your job.

 

[jagga]

The rules are different for sponsoring your spouse. Not only do you have to meet the PR residency requirement - but you must also be living in Canada while sponsoring. A few short trips outside of Canada are fine. However if you are spending a great deal of time outside of Canada (like you are) - this can be grounds for refusal. We've seen several cases here over the last few years where refusals have happened for this reason. Again, this is just a guess. But what jumps out about your case is the amount of time you're spending outside of Canada as a PR.

Also, you should be aware that the rule you've quoted above doesn't apply to you for PR residency purposes. You can only count time outside of Canada as time in Canada if your employer relocates you permanently to another country. In your case you are simply making trips to the US but are still based in Canada - so only the time you physically spend in Canada will be counted towards RO. The time you spend in the US will not be counted.

We can just assume at that point of time that my trips to usa could be the reason for the delay. But on the other 60% of punjabi community is involved in trucking to usa. if that is the reason for the delay we should have seen numerous cases here on this forum related to physical presence. Anyone who went through same situation could give us better idea.
i am feeling very low and thinking to consult my local mp to see if he can get any detailed information regarding this case specific enquiry reply.thanks

 

[jagga]

Hi Jagga ,

is CIC aware of your daily travels to the U.S ? did you mention that in your application ? If you did not mention it in your application then that's not the reason of the answer you received .

CIC has no means to figure out what you do unless you tell them or of course in case of Criminal record or security concern .

hi tanmex, thanks for your reply.
I didn't give any details to cic about my travel to usa. Me and wife don't have any criminal background. This reply is really mystery for me. moreover it brought so much misery to our happy lives.

 

[jagga]

Order your GCMS notes again. Obviously something has changed since you last ordered them, because CIC is investigating something. I also figure it must be your job.

hi canadian women,
i just got these notes 20 days ago but i will apply for the new notes shortly. Although i have changed my company during this process, but my consultant told me that we dont have to update cic about our company change.
thanks

 

[TANMEX]

hi tanmex, thanks for your reply.
I didn't give any details to cic about my travel to usa. Me and wife don't have any criminal background. This reply is really mystery for me. moreover it brought so much misery to our happy lives.

I'm so sorry for your troubles and I'm reapply hoping that email was generated by Mistake .

 

[mikeymyke]

hi guys, thanks for your valuable replies. I went through cic obligations for pr status which clearly indicates that if you are working for canadian business, it won't affect your pr status.

You may count each day you were employed outside Canada if your employment meets the following requirements:

you are an employee of, or under contract to, a Canadian business or the public service of Canada or of a province or territory and
as a term of your employment or contract, you are assigned on a full-time basis to:
a position outside Canada
an affiliated enterprise outside Canada or
a client of the Canadian business or the public service outside Canada; and
you will continue working for the employer in Canada after the assignment.

ref: http://www.cic.gc.ca/english/information/applications/guides/5445ETOC.asp#appendixA

Even if you met these rules, these only talk about your own PR status. The issue isn't whether you keep your PR or not while sponsoring, the issue is no matter what, a permanent resident, regardless of working outside Canada or not, has to remain in Canada during sponsorship. Only a Canadian citizen wouldn't be affected by this.

It's too bad you didn't know about this rule prior to sponsorship, despite it being shown on the instructions. It seems like a mystery about this background check thing, but I have a strong feeling it's related to your cross border movements

 

[TANMEX]

I was reading somewhere as what might triggers such and investigation and found the following :
23.2. Permanent resident subject to an A44(1) report
Reasons for an A44(1) report on a permanent resident include:
• security grounds, human rights violations, serious criminality, organized crime,
misrepresentation (e.g., failing to declare all family members on the application for
permanent residence)
• non-compliance with conditions of residency (e.g., entrepreneur)
• non-compliance with residency requirement
If the sponsor becomes the subject of a removal order, the removal order is a bar to
sponsorship.
If an officer, either in Canada or at a visa office, uncovers information that could lead to
an A44(1) report, the officer should contact CPC-M. Staff there will transfer the
sponsorship to an inland CIC for investigation. The inland CIC should keep CPC-M and
the visa office informed of developments on the A44(1) report and make every effort to
have a decision on the report rendered as soon as possible.
For more information on A44(1) reports, please see the ENF 5 in the Enforcement
Manual.

http://www.cic.gc.ca/english/resources/manuals/ip/ip02-eng.pdf

 

[sam54562]

Hi Jagga ,

is CIC aware of your daily travels to the U.S ? did you mention that in your application ? If you did not mention it in your application then that's not the reason of the answer you received .

CIC has no means to figure out what you do unless you tell them or of course in case of Criminal record or security concern .

One more thing, do you think someone else behind your back raised an issue with cic? It happened with one of my coworker who's x gf got jealous when he got married to somebody else in India and gave a written statement to CIC for potential marriage fraud....

I pray and hope that it's not the case for you cause I saw how much pain my coworker had to go through for this silly act of his ex. Eventually she did give another notarized written statement stating that she was emotionally disturbed and hence did the mischief.

Hope it's just a random routine check and you will get the PPR soon.

Hope it helps.....

 

[jagga]

Even if you met these rules, these only talk about your own PR status. The issue isn't whether you keep your PR or not while sponsoring, the issue is no matter what, a permanent resident, regardless of working outside Canada or not, has to remain in Canada during sponsorship. Only a Canadian citizen wouldn't be affected by this.

It's too bad you didn't know about this rule prior to sponsorship, despite it being shown on the instructions. It seems like a mystery about this background check thing, but I have a strong feeling it's related to your cross border movements

hi mike, i just talk to my lawyer and he suggested me that physical presence should not be an issue as he has done hundreds of cases of truckers going to usa. Moreover as i mentioned earlier if usa trip is the reason for delay, we would have seen numerous posts here on this forum regarding this issue.

 

[jagga]

One more thing, do you think someone else behind your back raised an issue with cic? It happened with one of my coworker who's x gf got jealous when he got married to somebody else in India and gave a written statement to CIC for potential marriage fraud....

I pray and hope that it's not the case for you cause I saw how much pain my coworker had to go through for this silly act of his ex. Eventually she did give another notarized written statement stating that she was emotionally disturbed and hence did the mischief.

Hope it's just a random routine check and you will get the PPR soon.

Hope it helps.....

hi sam , my lawyer is also concerned if someone wrote anything to cic to mess my life. But on the other hand i couldnt see anyone in my circle who could go as low to write something to cic. Moreover i have nothing to fear about any complaint as i haven't done anything wrong in my life. so hoping to get ordeal over very soon. This stress is really unbearable. thanks

 

[mikeymyke]

You should order the GCMS notes now after this investigation they're doing, to see if any info has changed

 

[sam54562]

hi sam , my lawyer is also concerned if someone wrote anything to cic to mess my life. But on the other hand i couldnt see anyone in my circle who could go as low to write something to cic. Moreover i have nothing to fear about any complaint as i haven't done anything wrong in my life. so hoping to get ordeal over very soon. This stress is really unbearable. thanks

Dear jagga,

Hope you will hear the good news soon but still just try to think of anyone who can make your life difficult. Its usually people who didnt do any harm to others, become the victim. I hope its not a case for you and stay strong. It can be a routine random check.

On the other hand, you never had any issue with Customs Canada, right? Cause you mentioned you do cross border a lot and I am just over thinking that if one of those border people from either US/CANADA flagged you for some reason.

Sometimes, if you are extremely unlucky, same name and same dob but different individual who has red flag can make your file complicated too cause CIC want to make sure that you both are different person and you get the clearance not the other guy.,,

Hope it works.....

 

[jagga]

You should order the GCMS notes now after this investigation they're doing, to see if any info has changed

Yes i am going to apply for new notes.thanks

 

[jagga]

Dear jagga,

Hope you will hear the good news soon but still just try to think of anyone who can make your life difficult. Its usually people who didnt do any harm to others, become the victim. I hope its not a case for you and stay strong. It can be a routine random check.

On the other hand, you never had any issue with Customs Canada, right? Cause you mentioned you do cross border a lot and I am just over thinking that if one of those border people from either US/CANADA flagged you for some reason.

Sometimes, if you are extremely unlucky, same name and same dob but different individual who has red flag can make your file complicated too cause CIC want to make sure that you both are different person and you get the clearance not the other guy.,,

Hope it works.....

hi sam, I agreed with your points. The only thing we can do right now is wait. i am going to apply new set of notes to see if anything changes. thanks.