Application Rejected!

[bimale4bipeople]

It is straightforward that if one does not attach PCC for countries where they've stayed for more than 6 months at a stretch within last 10 years, application will be rejected. But, what about the following cases (all are applicable for me)
1. Stayed in a country for more than 6 months at a stretch, but before 10 year cut-off period - Australia
PCC is not required in this case...
2. Stayed in a country for 4.5 months at a stretch within 10 years, but stayed for more than 6 months at a stretch before 10 year cut-off period - US
Although PCC is not required in this case, but getting a FBI PCC comes in handy for faster processing...
3. Stayed in a country for more than 1 year overall within 10 years, but never more than 1 month at a stretch - Kuwait - here added issue is that I was always traveling on business visa, so cannot apply for a PCC as I did not hold a residence permit
PCC is not required in this case... You can explain in LoE the KW only issues PCC to current or former residents only.

Why can't you do something simple in life Sam

 

[bimale4bipeople]

Always advisable that even if strech is not continous but cumulatively adds upto more than 6 months include your PCC for that country.

I agree with that...

 

[keebs]

She stayed there for 5 months, then came back for 2 weeks and then went for a month and half again. So it was not at a stretch. And both were on different visas.

Can’t you contest the rejection as she didn’t stay for more that 6
Months or 180 days continuously?

 

[jes_ON]

Can’t you contest the rejection as she didn’t stay for more that 6
Months or 180 days continuously?

Splitting hairs if she was visiting Canada while a temporary resident of the USA.

Also, not sure when the OP applied - the rules for PCCs recently changed from "cumulative" to "in a row," OP would have had to meet the requirements in effect at the time the eAPR was submitted .

In any case, it is probably easier and faster to just get the PCC and re-apply. But if the OP believes the VO made an error, he OP could send a CSE requesting that the refusal be reconsidered because of the error and explain why he thinks an error was made. You never know, the case could get re-opened (and save another round of application fees). Worth a shot maybe while waiting for the FBI cert...

 

[salehgondal]

This is exactly

This is exactly what I was thinking, it's not certain that they'll always follow their own stated rules to the T, depends on the Visa officer I guess. But as @bimale4bipeople pointed out above, they'll ask for upfront PCC with the e-APR submission only if the stay is 6 months at a stretch within last 10 years. Did they ask for your wife's US PCC upfront when you got ITA, or did they ask for it later while processing.

They never asked for it! They asked for the travel history again but not the PCC.

 

[keebs]

They never asked for it! They asked for the travel history again but not the PCC.

I think you should raise a case about the rejection and indicate that it wasn’t more than 6 months continuously and indicate if the rules change you have the PCC that you can attach even if it wasn’t asked for

 

[hamgha]

I think you should raise a case about the rejection and indicate that it wasn’t more than 6 months continuously and indicate if the rules change you have the PCC that you can attach even if it wasn’t asked for

Agreed

 

[salehgondal]

I have just sent a case specific enquiry. Should i expect a reply? And if they do not accept my enquiry, how long it will take for them to refund the fees?

 

[hamgha]

I have just sent a case specific enquiry. Should i expect a reply? And if they do not accept my enquiry, how long it will take for them to refund the fees?

They ll just refund rprf fees. About a couple of months if i remember well from former posts

 

[salehgondal]

They ll just refund rprf fees. About a couple of months if i remember well from former posts

They informed me in the letter that they will refund all of it!

 

[jes_ON]

They informed me in the letter that they will refund all of it!

Ah, that's right - rejected as incomplete (not refused). In that case, there is no "reconsideration" because it was never put into processing. Sorry! So, just get a new profile submitted, and apply for the FBI cert...