Permanent Residency/EE Profile Cancelled due to unneeded ECA

[william-k]

Hi,

I recently got the following communication from IRCC:

Immigration, Refugees and Citizenship Canada (IRCC) 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 for (Spouse)
- Education Credentials:
A completed Education Credential Assessment (ECA) issued for immigration purposes
was not included with your electronic application. This document is required based on the
education details you provided in your Express Entry profile. Please consult our website
in order to determine the required document. https://www.canada.ca/en/immigration-
refugees-citizenship/services/immigrate-canada/express-entry/documents/education-
assessed.html

The key issue is that when we submitted the EE, we claimed points for my spouse's education, because we had an ECA. However, we later realized that the ECA was not for immigration purposes (our mistake), and we when we submitted the Permanent Residency, we didn't claim those points (I wasn't able to change the EE answer, but I changed it in the Permanent Residency application—that is, we answered No to the question about my spouse having an ECA). We didn't need the points to make the cutoff either in the EE or the PR application, so, I didn't think much of it.

What's my best course of action now—could this be appealed or should I best just start a new application? If I can appeal it, what steps can I take to maximize my odds of success?

Thanks for the help.

 

[Islander216]

I think what they did is hold you to what you put in your profile when you got the ITA, and based on that you were disqualified because you said you had an ECA for her education, and then did not provide it.

So you got points which you couldn't prove, even if when you filled the PR application you changed your answer, it's usually against the number of points you have when your ITA is provided that your application will be judged for as complete. Even if you didn't need the points, for every point you receive in your ITA you have to provide the relevant documents.

Is there no way you can't just get an ECA for immigration purposes? If you could, perhaps you could send it by webform and ask for reconsideration.

 

[william-k]

I think what they did is hold you to what you put in your profile when you got the ITA, and based on that you were disqualified because you said you had an ECA for her education, and then did not provide it.

So you got points which you couldn't prove, even if when you filled the PR application you changed your answer, it's usually against the number of points you have when your ITA is provided that you'll be judged for as complete. Even if you didn't need the points, for every point you receive in your ITA you have to provide the relevant documents.

Is there no way you can't just get an ECA for immigration purposes? If you could, perhaps you could send it by webform and ask for reconsideration.

Thanks for the reply, Islander216.

Yes, I think I can. So, would it make sense to call to double check anything, or should I just send the appeal request with the required document?

 

[Islander216]

Thanks for the reply, Islander216.

Yes, I think I can. So, would it make sense to call to double check anything, or should I just send the appeal request with the required document?

Honestly, if you call they will just say all decisions are final and you have to submit a new application.

The same assessing authority can provide you the immigration version very easily, i don't think you have to resubmit the documents. The difference why they need the immigration version is because the assessing authority sends an electronic copy of your ECA directly to IRCC.

It's worth a shot.

 

[william-k]

Honestly, if you call they will just say all decisions are final and you have to submit a new application.

The same assessing authority can provide you the immigration version very easily, i don't think you have to resubmit the documents. The difference why they need the immigration version is because the assessing authority sends an electronic copy of your ECA directly to IRCC.

Gotcha, thanks very much, Islander216—you rock!

 

[ShakthiH]

I think what they did is hold you to what you put in your profile when you got the ITA, and based on that you were disqualified because you said you had an ECA for her education, and then did not provide it.

So you got points which you couldn't prove, even if when you filled the PR application you changed your answer, it's usually against the number of points you have when your ITA is provided that your application will be judged for as complete. Even if you didn't need the points, for every point you receive in your ITA you have to provide the relevant documents.

Is there no way you can't just get an ECA for immigration purposes? If you could, perhaps you could send it by webform and ask for reconsideration.

I believe OP would've been fine if he had explained in a LOE why the ECA was removed and how he still qualifies with a CRS above the cut-off. It may be difficult to appeal and get it re-opened now.
Below is from canada.ca


Candidates are responsible for ensuring that the information in their Express Entry profile is up-to-date and accurate at all times.

Candidates’ Express Entry profile is automatically “locked” when they are issued an ITA. Candidates can only revise their profile information if they formally decline the ITA through their online account; however, their information may be updated in their APR. When a candidate declines an ITA, they are automatically returned to the pool and will be able to update their profile information, as they wait for a new ITA.

If a candidate realizes after having been issued an ITA that their circumstance has changed or that the information in their profile, on the basis of which they were issued an ITA, is no longer accurate, the candidate is instructed to recalculate their CRS score using the Express Entry calculator on the IRCC website. Examples of changes in circumstance that can impact a CRS score are listed below.

Where there is a change in circumstance and the candidate goes forward with submitting an APR, the candidate must ensure that the change in circumstance is properly reflected in their APR (i.e., the candidate must amend the information that was automatically transferred from their profile to their APR before submitting their application).

As per the Express Entry Ministerial Instructions, candidates are encouraged to decline an ITA if their change in circumstance negatively impacts their eligibility such that they no longer meet the MEC of the federal immigration program to which they were invited to apply, or if their recalculated CRS score falls below the lowest ranked candidate in their round of invitations. Applicants who cannot provide proof of the information provided in their profile, on the basis of which they were invited to apply, will be refused on section A11.2 and assessed for misrepresentation. Cost recovery fees will not be refunded.

 

[william-k]

I believe OP would've been fine if he had explained in a LOE why the ECA was removed and how he still qualifies with a CRS above the cut-off. It may be difficult to appeal and get it re-opened now.
Below is from canada.ca


Candidates are responsible for ensuring that the information in their Express Entry profile is up-to-date and accurate at all times.

Candidates’ Express Entry profile is automatically “locked” when they are issued an ITA. Candidates can only revise their profile information if they formally decline the ITA through their online account; however, their information may be updated in their APR. When a candidate declines an ITA, they are automatically returned to the pool and will be able to update their profile information, as they wait for a new ITA.

If a candidate realizes after having been issued an ITA that their circumstance has changed or that the information in their profile, on the basis of which they were issued an ITA, is no longer accurate, the candidate is instructed to recalculate their CRS score using the Express Entry calculator on the IRCC website. Examples of changes in circumstance that can impact a CRS score are listed below.

Where there is a change in circumstance and the candidate goes forward with submitting an APR, the candidate must ensure that the change in circumstance is properly reflected in their APR (i.e., the candidate must amend the information that was automatically transferred from their profile to their APR before submitting their application).

As per the Express Entry Ministerial Instructions, candidates are encouraged to decline an ITA if their change in circumstance negatively impacts their eligibility such that they no longer meet the MEC of the federal immigration program to which they were invited to apply, or if their recalculated CRS score falls below the lowest ranked candidate in their round of invitations. Applicants who cannot provide proof of the information provided in their profile, on the basis of which they were invited to apply, will be refused on section A11.2 and assessed for misrepresentation. Cost recovery fees will not be refunded.

Hey ShaktiH, thanks for the info. I updated the APR, explained the change in my LOE, and recalculated my CRS, which was above the cut-off both in the EE profile and the APR. I appreciate the extra info you included, since I will use it in my appeal, to indicate that I did comply with the regulation.

Does anything else come to mind that could help?

 

[william-k]

Actually, I had one last question: the letter cites Section 10 and Sections 12.01 to justify the refusal. From my inexperienced perspective, the relevant article of Section 10 seems to be:

(c) include all information and documents required by these Regulations, as well as any other evidence required by the Act;
(d) Include a declaration that the information provided in the application is complete and accurate

and S12:

12.01 An application for permanent residence that is made in response to an invitation issued by the Minister under Division 0.1 of the Act must be made by the electronic means that is made available or specified by the Minister for that purpose.

Any advice to address these? Or should I create a new thread for this question?

 

[nns14]

From quick read, it looks to me that you have a great chance for an appeal. Since you answered NO before the submission and even given LOE, there is no reason for them to reject. It looks like an agent in rush who made that decision.

 

[william-k]

Thanks, @nns14 ! Just to confirm, the link is
https://secure.cic.gc.ca/enquiries-renseignements/canada-case-cas-eng.aspx

and how long should I reasonably wait, for a reply?

 

[nns14]

Thanks, @nns14 ! Just to confirm, the link is
https://secure.cic.gc.ca/enquiries-renseignements/canada-case-cas-eng.aspx

and how long should I reasonably wait, for a reply?

From 1 week to 6 weeks
For my own case, they got back to me 10 days after I raised and they refused the appeal. But mine the mistake was on my side and I was just trying to see the remote chance of getting it.

 

[william-k]

Great, thank you—I really appreciate the help, everyone!

 

[william-k]

Hey everyone,

I wanted to confirm the tone of the letter, since I've never appealed before:

Hi,

I'm writing about a letter we received on April 24th about Application #### for PR. In this letter, we are told that our application "is rejected for being incomplete. Specifically, your application does not include the following elements for (accompanying spouse):

An ... ECA ... for immigration purposes... This document is required based on the education details you provided in your Express Entry Profile."

While it is true that in our EE profile we claimed points for my spouse's education, we later realized that our ECAs were not for immigration purposes, and so we amended our Permanent Residence Application to reflect that. That is, we did not claim any points for my spouse's education in the APR, following these instructions: "If a candidate realizes after having been issued an ITA that ... that the information in their profile, on the basis of which they were issued an ITA, is no longer accurate, the candidate is instructed to recalculate their CRS score... and the candidate must amend the information ... transferred from their profile to their APR before submitting their application."

After recalculating our CRS score, the 10 points afforded to us by her ECA would not have jeopardized the ITA we received: we were 20-30 points above the threshold. In our letter of explanation, we mentioned that "we are not claiming points for spouse's education."

Is it possible to reconsider our application, since it was rejected over a document we did not need?

Thanks!

Is this the right approach?

 

[navinball]

your application was rejected at r10 i.e completeness check as you did not provide a required doc. so they will not reopen.
remove your wife's education from the education history and move it to personal history when reapplying if you dont wish to claim points.

 

[william-k]

your application was rejected at r10 i.e completeness check as you did not provide a required doc. so they will not reopen.
remove your wife's education from the education history and move it to personal history when reapplying if you dont wish to claim points.

Hi @navinball : that's what I did in the APR (I removed her education history, listing it only in the personal history), I was not able to do it in the EE profile because it was already locked. Does that make a difference or not really?