Application Refused but it is complete!! Now What?

[CdnandTrini]

Hello all, my husband has been a PR for over 3 years and we recently submitted an application for his son to immigrate as a PR under the dependent child category.

Today we received the entire application back in the mail saying we were missing the receipt, the original letter of employment and the Notice of Assessment....ALL of these ITEMS WERE IN THERE - STILL. This makes no sense and my husband and I are beyond frustrated.

The letter says we have to resubmit our application as we were not put into the queue because of the "missing information". The problem is my stepson is now over the age of what they consider a dependent child (he just turned 19 but his app. was submitted and received when he was actually 18) but they did not mention that in the letter at all. So technically they could refuse the 2nd complete application on those grounds.

And now that they have sent me the entire application back instead of sending an e-mail request for "what they think" is missing I have no way of proving to them that the original application was complete and this is their mistake!!! If they had just logged it and e-mailed me I could have just resent the docs they already have and maybe, just maybe, someone would have been able to look at it again and say "oops, we already have that info." And my stepson would be in the system already and we would not have any potential issues with the age limit for dependents.

My MP's office is basically useless and so is calling the immigration "help line". I am at a loss. Any advice or help would be most welcome and appreciated.

 

[abrakadabra]

Hello all, my husband has been a PR for over 3 years and we recently submitted an application for his son to immigrate as a PR under the dependent child category.

Today we received the entire application back in the mail saying we were missing the receipt, the original letter of employment and the Notice of Assessment....ALL of these ITEMS WERE IN THERE - STILL. This makes no sense and my husband and I are beyond frustrated.

The letter says we have to resubmit our application as we were not put into the queue because of the "missing information". The problem is my stepson is now over the age of what they consider a dependent child (he just turned 19 but his app. was submitted and received when he was actually 18) but they did not mention that in the letter at all. So technically they could refuse the 2nd complete application on those grounds.

And now that they have sent me the entire application back instead of sending an e-mail request for "what they think" is missing I have no way of proving to them that the original application was complete and this is their mistake!!! If they had just logged it and e-mailed me I could have just resent the docs they already have and maybe, just maybe, someone would have been able to look at it again and say "oops, we already have that info." And my stepson would be in the system already and we would not have any potential issues with the age limit for dependents.

My MP's office is basically useless and so is calling the immigration "help line". I am at a loss. Any advice or help would be most welcome and appreciated.

I feel so bad for you. I wish I could help, you need good lawyer and try to get more help from MP.
Did you make a list of everything what was in the package? After my application was lost and I got screwed with Provincial Nominee Program, I always make cover letter with the list of all the documents, and date and sign it, and scan whole package as pdf.

 

[simpsol22]

Ugh! I'm so sorry to hear this. How frustrating. Who is your MP? That would have been my suggestion--to talk to them.

Maybe try to contact Ahmed Hussen's office directly.

 

[Aquakitty]

Yikes. I'm not sure what you can do here, unless you have some proof of what you sent. You say your MP is useless, what happened when you visited them?

 

[wait_so_long]

There was a proposed change to raise the age of a dependent child from under 19 to under 22 for immigration purposes. You can contact the people mentioned in the article to see whether the change has been implemented yet or not.

http://www.gazette.gc.ca/rp-pr/p1/2016/2016-10-29/html/reg2-eng.php

A primary objective of this regulatory amendment would be to enhance family unity and reunification by enabling Canadians and permanent residents to bring their young adult children between 19 and 21 years of age to Canada. This is consistent with one of the main stated objectives of the Immigration and Refugee Protection Act: “to see that families are reunited in Canada.”

 

[PMM]

Hi

There was a proposed change to raise the age of a dependent child from under 19 to under 22 for immigration purposes. You can contact the people mentioned in the article to see whether the change has been implemented yet or not.

http://www.gazette.gc.ca/rp-pr/p1/2016/2016-10-29/html/reg2-eng.php

A primary objective of this regulatory amendment would be to enhance family unity and reunification by enabling Canadians and permanent residents to bring their young adult children between 19 and 21 years of age to Canada. This is consistent with one of the main stated objectives of the Immigration and Refugee Protection Act: “to see that families are reunited in Canada.”

1. It hasn't, it is bill C-6 still being debated in the Senate. The age of dependency is still under 19.

 

[CdnandTrini]

I feel so bad for you. I wish I could help, you need good lawyer and try to get more help from MP.
Did you make a list of everything what was in the package? After my application was lost and I got screwed with Provincial Nominee Program, I always make cover letter with the list of all the documents, and date and sign it, and scan whole package as pdf.

Thank you for the reply. Yes, I had a list of everything and of course I also have a photocopy of the entire package. The challenge for this application is that it had to be submitted by paper and because they did not log it or keep it and send me an e-mail saying they "thought" they were missing documents, they just sent the entire package back, I have no way of definitely proving it was complete the first time.

 

[CdnandTrini]

Ugh! I'm so sorry to hear this. How frustrating. Who is your MP? That would have been my suggestion--to talk to them.

Maybe try to contact Ahmed Hussen's office directly.

Thank you for the reply. Yes, I will contact the Minister's office directly and see what that response will be.

 

[simpsol22]

Thank you for the reply. Yes, I will contact the Minister's office directly and see what that response will be.

I really hope you get good news. It's unbelievable how little care the agents have with our paperwork.....and lives.

 

[CdnandTrini]

Yikes. I'm not sure what you can do here, unless you have some proof of what you sent. You say your MP is useless, what happened when you visited them?

Thank you for the reply. I have previously visited my MPs office (fairly recently) as I submitted all of the TRV applications for my step-children to visit. They were totally useless (the staff who "help" with immigration matters) and trying to get to the MP directly is more wasted time. They have no idea how to use the online system and when they call in on their "special" immigration hotline the person who answered had no idea either.

Then recently, before I submitted the application for PR for my stepson I called immigration myself to ask a few questions and the agent sent me a link to the website :-[ Not exactly helpful.....

 

[CdnandTrini]

There was a proposed change to raise the age of a dependent child from under 19 to under 22 for immigration purposes. You can contact the people mentioned in the article to see whether the change has been implemented yet or not.

http://www.gazette.gc.ca/rp-pr/p1/2016/2016-10-29/html/reg2-eng.php

A primary objective of this regulatory amendment would be to enhance family unity and reunification by enabling Canadians and permanent residents to bring their young adult children between 19 and 21 years of age to Canada. This is consistent with one of the main stated objectives of the Immigration and Refugee Protection Act: “to see that families are reunited in Canada.”

Thank you for the reply. I knew that this was not implemented yet and the reason we submitted my stepson's application before he turned 19 was because we have no guarantee of if or when, the bill will pass/be approved.

 

[CdnandTrini]

Hi


1. It hasn't, it is bill C-6 still being debated in the Senate. The age of dependency is still under 19.

Thank you for the reply. Do you have any specific advice or suggestions on my original post re: what I can do other than re-submit the application again with a letter outlining that they made an error? And would you know if the fact that the application was not logged on their system, will this compromise a lock-in date and render my step-son ineligible because he is now 19?

 

[CdnandTrini]

I really hope you get good news. It's unbelievable how little care the agents have with our paperwork.....and lives.

Thanks simpsol22. Yes having been involved with immigration on a personal level for many years now, it can be a little disheartening.

 

[CdnandTrini]

Hi, was your application returned intact? Nothing missing? I ask because I just received word they returned mine too and am afraid they lost some documents. I had a lawyer triple check mine as well as a table of contents to let them know what is in the package. Frustrating!

Yes it was returned intact, nothing missing. Not even the documents they claimed were missing ..........frustrating is an understatement. Good luck.

 

[Aquakitty]

Yes it was returned intact, nothing missing. Not even the documents they claimed were missing ..........frustrating is an understatement. Good luck.

Oh wow, that might be another story then. Hmm, there's got to be something that can be done here. Are any of those documents dated?

What you can possibly do is take photos of how it looked out of the package (showing the "missing" documents. Send it back, and if you end up with a procedural fairness letter over it, you can break out all your proof of what happened. You should have proof of the original delivery date, and it would be even better if any of those documents had a date from when you signed or printed them.

You can even go a bit "CSI" and look at your browser's history logs to show when you accessed the online account to print out the Notice of Assessment (if you did), you could get your boss to right an affidavit stating he wrote the letter on X date, and so on. There are probably lots of little things you can do to at least show some circumstantial evidence of this.

I'm not a lawyer, that's just what I would do since you can't get a hold of anyone.

Is it possible to contact a different MP that might actually know something?