CIC EE APP CANCELLED - SHOULD I APPEAL OR APPLY AGAIN WITH SAME PNP NOMINATION

[damijay]

Hi Guys, i would like your advice concerning my application which was rejected today and wherewith i am very disappointed with the decision. In order to have a full grasp of the whole scenario, i will be stating as much information as possible.

So i got a correspondence today stating that my EE application had been rejected. Quoted is the reason i got in the correspondence letter:

"Citizenship and Immigration Canada (CIC) has reviewed your application for permanent
residence. We have determined that your application does not meet the requirements of a
complete application as described in sections 10 and 12.01 of the Immigration and Refugee
Protection Regulations. Your application is rejected for being incomplete.

Specifically, your application does not include the following elements:
- Police Certificate:
o The Police certificate from GHANA was not provided. This document is required based
on address/background history from 2013/01 to 2013/10. It appears you resided 6
months or more in that country. NOTE: You did not provide a letter of explanation and
proof of submission for this Police Certificate.

Note: A full review of your application was not performed. There may be other elements, not
identified above, which may also be missing or incomplete."

Prior to the above correspondence, i had received an earlier correspondence letter(28th of Jan) instructing me to upload forms IMM5669 and IMM5562 which i did same day. Now i want to state that at no point in time did i stay/reside at GHANA for upto or more than 6 months at a stretch and that was expressly stated in Form IMM5562; supplementary travels which was uploaded(as a merged pdf document with form IMM5669) as instructed. I was running a post graduate degree program there and would shuttle between GHANA and my country of residence without ever using up to 180days(6 months) @ a stretch. I stand to be corrected but i believe EE criteria states that you get a Police report for anywhere u have stayed for more than 6 months..

Also i got the ITA because i am a provincial nominee and had filled all the necessary forms including the above mentioned forms(IMM5669 and IMM5562) which got me the nomination. So all i really did was re-submit the forms i had earlier submitted to get my PNP to CIC.

Below is further information stated in the correspondence letter and i quote:

"Job Seeker account
Since your application is rejected, you are no longer a candidate for Express Entry and your
Express Entry profile number is no longer valid.

New Express Entry profile
If you still want to come to Canada as a skilled immigrant, you must submit a new Express Entry
profile through your MyCIC account. If you choose to submit a new Express Entry profile, you
must make sure your documents are valid on:
- the date you submit your new Express Entry profile,
- the date you submit your application for permanent residence, if you are invited to apply.

The information you submitted as part of your original Express Entry profile will remain in your
MyCIC account for 60 calendar days from the date of this letter. This information can be used to
submit a new Express Entry profile.
If you submit a new Express Entry profile, you will get a new profile number. You will also get
directions on how to register for Job Bank with this new number."

Now my questions are;

1) Can/Should i appeal the decision because in my opinion: I feel that whoever reviewed the documents on CIC probably did not review by IMM5562 form because it was a merged pdf with IMM5669 been the first document. If they had done that and needed proof, i would have gladly provided(stamped pages of my travel document).
2) If i did/do decide to appeal, how would i go about it?
3)Would it be possible to re-apply with the same PNP Nomination certificate which is valid till Jun this year because CIC state in the rejection correspondence and i quote; "Since your application is rejected, you are no longer a candidate for Express Entry and your
Express Entry profile number is no longer valid.". Is the nomination tied to the initial(rejected) EE profile no?
4) If i could reapply with the same PNP nomination, how would i go about it?

Thanks in advance for all your help.

 

[CanadaWeCome]

I was running a post graduate degree program there and would shuttle between GHANA and my country of residence without ever using up to 180days(6 months) @ a stretch. I stand to be corrected but i believe EE criteria states that you get a Police report for anywhere u have stayed for more than 6 months..

I am sorry to hear about rejection...

CIC has been known & heard to have asked for PCCs from countries where applicants may have enrolled themselves/studied/studying/completed there for an educational program despite them not living there for more than 6 months at a stretch.

I would suggest you can send a CSE and ask them to reopen your file after you get a PCC from Ghana and simultaneously keep OINP informed about your rejection so they can reissue you a fresh PN should you need to open a new EE profile to reapply to CIC again.

All the very best!

 

[rajkamalmohanram]

Hi Guys, i would like your advice concerning my application which was rejected today and wherewith i am very disappointed with the decision. In order to have a full grasp of the whole scenario, i will be stating as much information as possible.

So i got a correspondence today stating that my EE application had been rejected. Quoted is the reason i got in the correspondence letter:

"Citizenship and Immigration Canada (CIC) has reviewed your application for permanent
residence. We have determined that your application does not meet the requirements of a
complete application as described in sections 10 and 12.01 of the Immigration and Refugee
Protection Regulations. Your application is rejected for being incomplete.

Specifically, your application does not include the following elements:
- Police Certificate:
o The Police certificate from GHANA was not provided. This document is required based
on address/background history from 2013/01 to 2013/10. It appears you resided 6
months or more in that country. NOTE: You did not provide a letter of explanation and
proof of submission for this Police Certificate.

Note: A full review of your application was not performed. There may be other elements, not
identified above, which may also be missing or incomplete."

Prior to the above correspondence, i had received an earlier correspondence letter(28th of Jan) instructing me to upload forms IMM5669 and IMM5562 which i did same day. Now i want to state that at no point in time did i stay/reside at GHANA for upto or more than 6 months at a stretch and that was expressly stated in Form IMM5562; supplementary travels which was uploaded(as a merged pdf document with form IMM5669) as instructed. I was running a post graduate degree program there and would shuttle between GHANA and my country of residence without ever using up to 180days(6 months) @ a stretch. I stand to be corrected but i believe EE criteria states that you get a Police report for anywhere u have stayed for more than 6 months..

Also i got the ITA because i am a provincial nominee and had filled all the necessary forms including the above mentioned forms(IMM5669 and IMM5562) which got me the nomination. So all i really did was re-submit the forms i had earlier submitted to get my PNP to CIC.

Below is further information stated in the correspondence letter and i quote:

"Job Seeker account
Since your application is rejected, you are no longer a candidate for Express Entry and your
Express Entry profile number is no longer valid.

New Express Entry profile
If you still want to come to Canada as a skilled immigrant, you must submit a new Express Entry
profile through your MyCIC account. If you choose to submit a new Express Entry profile, you
must make sure your documents are valid on:
- the date you submit your new Express Entry profile,
- the date you submit your application for permanent residence, if you are invited to apply.

The information you submitted as part of your original Express Entry profile will remain in your
MyCIC account for 60 calendar days from the date of this letter. This information can be used to
submit a new Express Entry profile.
If you submit a new Express Entry profile, you will get a new profile number. You will also get
directions on how to register for Job Bank with this new number."

Now my questions are;

1) Can/Should i appeal the decision because in my opinion: I feel that whoever reviewed the documents on CIC probably did not review by IMM5562 form because it was a merged pdf with IMM5669 been the first document. If they had done that and needed proof, i would have gladly provided(stamped pages of my travel document).
2) If i did/do decide to appeal, how would i go about it?
3)Would it be possible to re-apply with the same PNP Nomination certificate which is valid till Jun this year because CIC state in the rejection correspondence and i quote; "Since your application is rejected, you are no longer a candidate for Express Entry and your
Express Entry profile number is no longer valid.". Is the nomination tied to the initial(rejected) EE profile no?
4) If i could reapply with the same PNP nomination, how would i go about it?

Thanks in advance for all your help.

I'm sorry about your rejection! As already mentioned by CanadaWeCome, CIC is known for asking PCC even from people who have not spent 6 continuous months! Having said that, please take a look at the below excerpt from the CIC website -

You must get one from each country or territory where you have lived for six or more months in a row since the age of 18. (For example, if you lived in a country for eight months but left on a two-week vacation, that counts as living there for eight months.)

Here's the link -->

http://www.cic.gc.ca/english/infORmation/security/police-cert/intro.asp

Trips inbetween might not be considered "Time not spent" in the country!

I suggest you to create a new EE profile and try applying again - this time with a Ghana PCC.

Don't lose hope!

Good luck and all the very best!

 

[Baljas]

Hi Guys, i would like your advice concerning my application which was rejected today and wherewith i am very disappointed with the decision. In order to have a full grasp of the whole scenario, i will be stating as much information as possible.

So i got a correspondence today stating that my EE application had been rejected. Quoted is the reason i got in the correspondence letter:

"Citizenship and Immigration Canada (CIC) has reviewed your application for permanent
residence. We have determined that your application does not meet the requirements of a
complete application as described in sections 10 and 12.01 of the Immigration and Refugee
Protection Regulations. Your application is rejected for being incomplete.

Specifically, your application does not include the following elements:
- Police Certificate:
o The Police certificate from GHANA was not provided. This document is required based
on address/background history from 2013/01 to 2013/10. It appears you resided 6
months or more in that country. NOTE: You did not provide a letter of explanation and
proof of submission for this Police Certificate.

Note: A full review of your application was not performed. There may be other elements, not
identified above, which may also be missing or incomplete."

Prior to the above correspondence, i had received an earlier correspondence letter(28th of Jan) instructing me to upload forms IMM5669 and IMM5562 which i did same day. Now i want to state that at no point in time did i stay/reside at GHANA for upto or more than 6 months at a stretch and that was expressly stated in Form IMM5562; supplementary travels which was uploaded(as a merged pdf document with form IMM5669) as instructed. I was running a post graduate degree program there and would shuttle between GHANA and my country of residence without ever using up to 180days(6 months) @ a stretch. I stand to be corrected but i believe EE criteria states that you get a Police report for anywhere u have stayed for more than 6 months..

Also i got the ITA because i am a provincial nominee and had filled all the necessary forms including the above mentioned forms(IMM5669 and IMM5562) which got me the nomination. So all i really did was re-submit the forms i had earlier submitted to get my PNP to CIC.

Below is further information stated in the correspondence letter and i quote:

"Job Seeker account
Since your application is rejected, you are no longer a candidate for Express Entry and your
Express Entry profile number is no longer valid.

New Express Entry profile
If you still want to come to Canada as a skilled immigrant, you must submit a new Express Entry
profile through your MyCIC account. If you choose to submit a new Express Entry profile, you
must make sure your documents are valid on:
- the date you submit your new Express Entry profile,
- the date you submit your application for permanent residence, if you are invited to apply.

The information you submitted as part of your original Express Entry profile will remain in your
MyCIC account for 60 calendar days from the date of this letter. This information can be used to
submit a new Express Entry profile.
If you submit a new Express Entry profile, you will get a new profile number. You will also get
directions on how to register for Job Bank with this new number."

Now my questions are;

1) Can/Should i appeal the decision because in my opinion: I feel that whoever reviewed the documents on CIC probably did not review by IMM5562 form because it was a merged pdf with IMM5669 been the first document. If they had done that and needed proof, i would have gladly provided(stamped pages of my travel document).
2) If i did/do decide to appeal, how would i go about it?
3)Would it be possible to re-apply with the same PNP Nomination certificate which is valid till Jun this year because CIC state in the rejection correspondence and i quote; "Since your application is rejected, you are no longer a candidate for Express Entry and your
Express Entry profile number is no longer valid.". Is the nomination tied to the initial(rejected) EE profile no?
4) If i could reapply with the same PNP nomination, how would i go about it?

Thanks in advance for all your help.

oh rejections are very devastating news. you should apply for a new express entry .
what is your timeline and when you heard about the rejection ??

 

[damijay]

oh rejections are very devastating news. you should apply for a new express entry .
what is your timeline and when you heard about the rejection ??

Yeah Rejections are a bummer.

Timeline:
EE Profile created: 4/15/2015
EE Profile accepted: 4/16/2015
PNP app submitted: 6/15/15
PNP app confirmed/accepted: 6/18/15
PNP nomination received: 12/9/15
PNP nomination accepted: 12/16/15
ITA received: 12/18/15
ITA app submitted: 23/01/16
CIC ITA EE profile update: Medical passed(upfront): 25/01/2016
CIC ITA correspondence received; FORMS IMM5669, IMM5562 required: 28/01/2016, Correspondence sent: 28/01/2016
CIC ITA APP CANCELLED: 29/01/2016

 

[Jawad Talib]

@Damijay - Would you please confirm the below:

How much length of the course you took at Ghana?
Your longest stay in Ghana?

I am asking the questions, because I enrolled and completed my self for a distance learning Ph.D programe in UK, but never stayed there more than a month. Thats why, I also didn't provide the PCC from UK. Should I get it now and submit it via CSE?

Thanks in advance!!

 

[jes_ON]

Specifically, your application does not include the following elements:
- Police Certificate:
o The Police certificate from GHANA was not provided. This document is required based
on address/background history from 2013/01 to 2013/10. It appears you resided 6
months or more in that country. NOTE: You did not provide a letter of explanation and
proof of submission for this Police Certificate.
[/b]

So somewhere on your Sched A Background Declaration - IMM 5669 E - probably your personal history section - you have an entry with the dates 2013/01 - 2013/10 that appears to place you in Ghana. This period encompasses more than 6 months, so the VO checks for the PCC, you did not provide one, and you did not provide an explanation. END of file review.

By looking at the travel history, the only thing the VO would see is another discrepancy.

So when you re-apply, where the system asks you for PCCs, you need to write a Letter of Explanation about why you are not providing one for Ghana (just as you explained in your post). You are correct about the criteria, but what you did not realize is that the information in your personal history appears to require a PCC, so you either have to provide the PCC or a written explanation.

This is not a refusal, your application was simply returned as incomplete. You can re-apply, you just need to set up a new profile, when that is ready, you contact the PNP program and let them know what happened, they will re-issue the PNP nomination, and you will get a new ITA quickly.

You COULD try to argue with CIC, but honestly I don't think it will go anywhere, and it will take longer than just re-applying. I understand it is frustrating, but the only way CIC can speed up processing is to automate as many decisions as possible... Good luck!

 

[jes_ON]

I am asking the questions, because I enrolled and completed my self for a distance learning Ph.D programe in UK, but never stayed there more than a month. Thats why, I also didn't provide the PCC from UK. Should I get it now and submit it via CSE?

You don't need the PCC, but it would not hurt to send a CSE explaining why you didn't give the PCC for the UK...

 

[damijay]

@Damijay - Would you please confirm the below:

How much length of the course you took at Ghana?
Your longest stay in Ghana?

I am asking the questions, because I enrolled and completed my self for a distance learning Ph.D programe in UK, but never stayed there more than a month. Thats why, I also didn't provide the PCC from UK. Should I get it now and submit it via CSE?

Thanks in advance!!

It was an 18 month course(M.Sc), Google: "CIC police report UK" and click on the CIC link for specific info about the UK. Just discovered that CIC requirements for Police reports are "country specific".

All the best.

 

[damijay]

So somewhere on your Sched A Background Declaration - IMM 5669 E - probably your personal history section - you have an entry with the dates 2013/01 - 2013/10 that appears to place you in Ghana. This period encompasses more than 6 months, so the VO checks for the PCC, you did not provide one, and you did not provide an explanation. END of file review.

By looking at the travel history, the only thing the VO would see is another discrepancy.

So when you re-apply, where the system asks you for PCCs, you need to write a Letter of Explanation about why you are not providing one for Ghana (just as you explained in your post). You are correct about the criteria, but what you did not realize is that the information in your personal history appears to require a PCC, so you either have to provide the PCC or a written explanation.

This is not a refusal, your application was simply returned as incomplete. You can re-apply, you just need to set up a new profile, when that is ready, you contact the PNP program and let them know what happened, they will re-issue the PNP nomination, and you will get a new ITA quickly.

You COULD try to argue with CIC, but honestly I don't think it will go anywhere, and it will take longer than just re-applying. I understand it is frustrating, but the only way CIC can speed up processing is to automate as many decisions as possible... Good luck!

Thanks for the insight and advice.

Just to clarify; when i do reapply, instead of stating a timeline of 2013/01 - 2013/10 on form IMM5669 should i just break it down by months i spent at a stretch or it wouldn't matter since i would submit a written explanation anyways?

 

[jes_ON]

Just to clarify; when i do reapply, instead of stating a timeline of 2013/01 - 2013/10 on form IMM5669 should i just break it down by months i spent at a stretch or it wouldn't matter since i would submit a written explanation anyways?

You could do probably do it either way... What were you doing when you were outside Ghana? Do you have something else roughly covering the same time period?

 

[damijay]

You could do probably do it either way... What were you doing when you were outside Ghana? Do you have something else roughly covering the same time period?

All I did whenever I was away from Ghana was spend time with my family, work on some personal projects. I don't have anything else that would cover the time period.

 

[damijay]

IMPORTANT UPDATE: Just Googled "CIC police report Ghana" and I discovered a CIC link(would have posted it but i'm informed I can't) and It would appear that CIC has specific instructions for police report on any country. But specifically, for Ghana, you need a police report if you have spent 3 months or more and not 6. ???

@Jawad Talib: there's also specific Police report instructions for the UK too. Just Google "CIC police report UK" and visit the CIC link. I'm sure you'd find some useful info there.

 

[Asivad Anac]

IMPORTANT UPDATE: Just Googled "CIC police report Ghana" and I discovered a CIC link(would have posted it but i'm informed I can't) and It would appear that CIC has specific instructions for police report on any country. But specifically, for Ghana, you need a police report if you have spent 3 months or more and not 6. ???

Incorrect understanding.

That link informs that Ghana authorities won't issue PCC to any foreigner resident in Ghana for less than 3 months. It doesn't mean that one needs to provide a PCC from Ghana if one has stayed there for 4 months. CIC requires PCC from countries where one has lived for 6 months or more in a row - no exceptions to that rule.

Another weird thing here - the link clearly informs that you do NOT need to submit an upfront PCC for Ghana. Makes this refusal hard to understand.

Still, I would recommend that you create another EE profile immediately and inform your nominating province about this refusal. Simultaneously, you can try sending in a CSE challenging this refusal in the light of the knowledge that an upfront PCC from Ghana is not required.

CSE ---> https://secure.cic.gc.ca/enquiries-renseignements/canada-case-cas-eng.aspx

 

[jes_ON]

Yes - CIC's own rules say that no PCC is required with the application. The VO made an error. This is definitely grounds for requesting reconsideration.

However, CIC instructions do state that in those cases where a PCC is not required up front, that the applicant should upload a LOE (letter of explanation) instead of the PCC that states “I am applying from a country that requires an official request letter from CIC to get a police certificate.”

So CIC could still claim that the application was incomplete. But worth a shot.