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Wanted - Recommendation for Canadian immigration lawyer - Perth Australia

Wanted - Recommendation for Canadian immigration lawyer - Perth Australia

Old Jun 12th 2019, 1:48 pm
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Default Wanted - Recommendation for Canadian immigration lawyer - Perth Australia

Hi folks

5 months in to our FSW PR application and received multiple letters today 32 days from the decision date for our PR.

Requests as follows:

1 - Requesting biometrics for a non accompanying daughter aged 20 in the UK despite the “family” biometrics minus her being requested and accepted months ago.

2 - Requesting divorce certificate for my wife - She has never been married previously.

3 - Requesting we resubmit all bank statements etc as they believe we don’t have sufficient funds (circa 23k CAD because they include the non accompanying daughter taking the royal family numbers to 4)

PS we showed proof of more than this in our statements PLUS my employer gave written confirmation of continued employment even when I immigrate to Canada so I want to challenge point 3.

I also want to request an extension to the 30 day time limit given as my non accompanying daughter in the UK needs to obtain a new passport (expired) prior to her biometrics and I know a lawyer will need time to review matters.

Looking for recommendations for a Perth Western Australian lawyer familiar with Canadian FSW PR.

Thanks in advance.
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Old Jun 12th 2019, 2:02 pm
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Default Re: Wanted - Recommendation for Canadian immigration lawyer - Perth Australia

Why do you think you need a lawyer? Your daughter can get a new passport within days (even within the same day if she's prepared to go in person), so that shouldn't hold things up.

Your proof of funds amount does need to include your daughter, even if she's non-accompanying (as per this page - https://www.canada.ca/en/immigration...oof-funds.html), so you'll need to submit the bank statements as requested with the increased amount. Your employment continuing in Canada can't be used, as it's not a valid job offer, so there's no way of challenging that.

For the divorce cert, a simple letter explaining your wife has never been previously married should suffice.

HTH.
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Old Jun 12th 2019, 5:25 pm
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Default Re: Wanted - Recommendation for Canadian immigration lawyer - Perth Australia

Originally Posted by christmasoompa View Post
Why do you think you need a lawyer? Your daughter can get a new passport within days (even within the same day if she's prepared to go in person), so that shouldn't hold things up.

Your proof of funds amount does need to include your daughter, even if she's non-accompanying (as per this page - https://www.canada.ca/en/immigration...oof-funds.html), so you'll need to submit the bank statements as requested with the increased amount. Your employment continuing in Canada can't be used, as it's not a valid job offer, so there's no way of challenging that.

For the divorce cert, a simple letter explaining your wife has never been previously married should suffice.

HTH.
Hi Chris thanks for the reply.

You may may have misinterpreted my original post.

There are significantky more than the required $23k 4 family member amount in cleared funds in my accounts. That 4th person is my non accompanying daughter. We are well aware that dependants accompanying or not needed to be included when calculating the funds.

I disagree with your assessment regarding the job offer as well hence the need for a lawyer to step in and ensure this part is clarified.

Included with my application was a signed legally binding contract offer for a role in the companies Canadian office with Labour Market Assessment. How can that not be relevant to my application and financial stability? I will have zero interruption to financial income on arrival.

The passport is being applied for. FYI my daughter lives on the Scottish Islands so it’s is not just a case of walking into a local passport office and getting a same day passport renewal. Also biometrics are in London so again require logistics and planning to undertake.

She works offshore as a Medic so can’t just get herself onshore or fail to turn up for her rostered trip (due away again on Friday for 4 weeks, just our luck)

Dont even get me started on the fact she fails to be classed as a dependent in a few months time because she turns 21

Extremely frustrating that they request near the end of the application for her biometrics instead of doing so with the rest of the family. Anyone else asked to biometrically register their non accompanying children?

The extension request also includes time for a lawyers review of the application. The last thing I want is the case being rejected at the 11th hour due to the 30 day time expiry. I have submitted a case specific enquiry asking for exact clarification on the cleared funds concern as the letter was extremely generic.

Im prepared to have a lawyer review matters as this application is critical to our future. A small price to pay.

Given all of the above I am hoping a request for an extra 30 days is seen as reasonable. Fingers crossed.
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Old Jun 12th 2019, 5:43 pm
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Default Re: Wanted - Recommendation for Canadian immigration lawyer - Perth Australia

Originally Posted by ScottyB View Post
I disagree with your assessment regarding the job offer as well hence the need for a lawyer to step in and ensure this part is clarified.

Included with my application was a signed legally binding contract offer for a role in the companies Canadian office with Labour Market Assessment. How can that not be relevant to my application and financial stability? I will have zero interruption to financial income on arrival.
Ah, you didn't mention that you had a LMIA! If you've got a LMIA, then yes, that does count as a valid job offer. Assuming this is a FSW app and you provided that when you applied? It's sounding almost as though CIC have your application mixed up with somebody else's if so, as they've asked for a lot of stuff that you shouldn't be having to provide. On the plus side, at least they didn't just reject you.

Originally Posted by ScottyB View Post
Dont even get me started on the fact she fails to be classed as a dependent in a few months time because she turns 21
It's 22 and under, so she's still a dependent for well over a year. At least this way though she can be sponsored in the future, if she decides to join you before she turns 22 - nice to have the option at least I guess!

As above, I think CIC have made a mistake with your application. Before spending money on a lawyer, I think I'd be inclined to send a case specific email stating that (a) your wife has never been married previously; (b) your non-accompanying dependant shouldn't have to do biometrics; and (c) proof of funds shouldn't be required either as you have a valid job offer & LMIA. It's worth a try!

Good luck.
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Old Jun 12th 2019, 6:54 pm
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Default Re: Wanted - Recommendation for Canadian immigration lawyer - Perth Australia

Originally Posted by christmasoompa View Post
Ah, you didn't mention that you had a LMIA! If you've got a LMIA, then yes, that does count as a valid job offer. Assuming this is a FSW app and you provided that when you applied? It's sounding almost as though CIC have your application mixed up with somebody else's if so, as they've asked for a lot of stuff that you shouldn't be having to provide. On the plus side, at least they didn't just reject you.



It's 22 and under, so she's still a dependent for well over a year. At least this way though she can be sponsored in the future, if she decides to join you before she turns 22 - nice to have the option at least I guess!

As above, I think CIC have made a mistake with your application. Before spending money on a lawyer, I think I'd be inclined to send a case specific email stating that (a) your wife has never been married previously; (b) your non-accompanying dependant shouldn't have to do biometrics; and (c) proof of funds shouldn't be required either as you have a valid job offer & LMIA. It's worth a try!

Good luck.

+1
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Old Jun 13th 2019, 1:45 am
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Default Re: Wanted - Recommendation for Canadian immigration lawyer - Perth Australia

Originally Posted by christmasoompa View Post
Ah, you didn't mention that you had a LMIA! If you've got a LMIA, then yes, that does count as a valid job offer. Assuming this is a FSW app and you provided that when you applied? It's sounding almost as though CIC have your application mixed up with somebody else's if so, as they've asked for a lot of stuff that you shouldn't be having to provide. On the plus side, at least they didn't just reject you.



It's 22 and under, so she's still a dependent for well over a year. At least this way though she can be sponsored in the future, if she decides to join you before she turns 22 - nice to have the option at least I guess!

As above, I think CIC have made a mistake with your application. Before spending money on a lawyer, I think I'd be inclined to send a case specific email stating that (a) your wife has never been married previously; (b) your non-accompanying dependant shouldn't have to do biometrics; and (c) proof of funds shouldn't be required either as you have a valid job offer & LMIA. It's worth a try!

Good luck.
They have rejected me previously for much less lol, my sense of humour is wearing very thin

God knows why I thought dependence was 21? I remember it changing back in late 2017 from 19 and wrongly memorised it as 21 and not 22, no great shakes the funds are there anyway.

Definitely sending a case specific query as you recommend and see what they come back with. I will lay out the employment info as they have clearly not read the file or as you suggest they are referencing the wrong file.

Daughter is going to do her Bio's anyway to give them one less thing to worry about, she has managed to change her offshore mobilisation by 5 days and is headed to Glasgow to sort her Passport and London have confirmed she can do a walk in appointment (Nothing like a free trip to Glasgow/London when Dad is paying!!!) She needs a valid passport anyway which I am sure I have moaned about multiple times..........Bloody kids lol.

Watch this space and let's see what response we get from the case specific email!

Massive thanks for the balanced responses, much appreciated.
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Old Jun 13th 2019, 6:28 am
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Default Re: Wanted - Recommendation for Canadian immigration lawyer - Perth Australia

On the subject of your daughter, could I strongly suggest you change it to 'accompanying' and persuade her to at least 'land' and become a permanent resident. The age is locked in at the time of application and she would have a couple of years to decide after she has landed, whether she wants to come here or not. - as an example my son was one week from becoming 22 when our application was submitted and 27 by the time he became a permanent resident. When he was 20/21 he was adament that he didn't want to move to Canada but I persuaded him to at least go on my application.. so that he had options, no pressure, if he didn't want to move here, his choice! Having moved here permanently at 27 he said it was the best decision he had ever made. So many times we see parents posting and asking how they can support their children to enable them to come to Canada because they didn't want to go on the application as a dependant and changed their minds a few years later. For the sake of a few hundred dollars it could save a lot of heartache down the road.
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