Reasons for Rejection

[Twee]

Hello everyone
Need help!
Received letter today that my PR rejected because I submitted police certificate issued directly in Ukraine, not from Embassy Of Ukraine in Toronto (instructions on website are tricky; if you live outside of Ukraine you have to get it from embassy. But in my case, I was visiting my family, I was at home in Ukraine so I applied for police certificate directly there!) This is so stupid reason to refuse! I’m desperate. I want to submit webform and explain the misunderstanding. I applied for new certificate via embassy right away but it will take 4 weeks to be issues. I’ll include confirmation of the fact that I applied to my webform but still... I need to hear good stories: did anyone had their cases re opened after webform? Do I have any chances?
My points are 447 (Canadian experienced class), not sure I have much chances to receive ITA soon... please share your stories. I can’t sleep or eat... I have hope IRCC will reconsider my case, but chance is so tiny, I know that.

Sorry to hear about that. What is your AOR. I don’t see that you have to get it from the Ukraine Embassy in Canada. Perhaps, the date of the Cert is a problem? Quote:
“For any other country, the police certificate must be issued after the last time you stayed there for 6 months or more in a row”.
Do they said in your letter that it was because you did not get it from your Embassy? I am confused.

 

[Twee]

There must be something else wrong with the PCC. There is no requirement as to where to get it. You must submit a scan of the original + the translation. The translation must include a certified copy of the original and the translation. It's 3 versions in total: original + certified copy + translation of the certified copy.

Did you submit it in that form?

Agree! My Embassy in Cananda will not issue PC. And I can ask my immediate relatives in my home country to get it for me, so I am confused with the case.

 

[lostinquebec]

When submitted application - in Canada
But I got police certificates before I received ITA. In September 2019 I was visiting Ukraine and I got certificate. In June 2020 I receive ITA and my certificates were still valid so I used them. But apparently I need to get one from embassy, I couldn’t use those from Ukraine.

Unfortunately it is required that the police certificate is issued after your last visit to Ukraine, this is because the Canadian government wants to evaluate your entire stay at Ukraine during the last 10 years as part of their PR evaluation. If you get the certificate while you´re still in Ukraine, there will always a portion of your stay that won´t be evaluated after your certificate has been issued.

For any other country
For any other country, the police certificate must be issued after the last time you stayed there for 6 months or more in a row.

Some countries put expiry dates on their police certificates. If you have a police certificate that expired, include it. We’ll accept it if:

• it was issued after the last time you stayed there for 6 months or more in a row
• it is not for the country where you currently live

An officer may ask for a new one later on.

https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/express-entry/apply-permanent-residence/police-certificates.html

 

[Zozulia]

Yes, but I did not stay there for 6 months though.. I came for 1 month to visit. My certificate was issued on October 11, and I left Ukraine on October 18. So I guess this might be an issue...but still, if I was there just 1 month - it counts under that rule?
Do you think it worths applying for case reopening? I applied for new police certificates, have proof and can attach it in webform.

 

[Zozulia]

And I need one more advise: my certificate from Poland was issued on Nov 2019. By rules, certificates are valid only 1 year? So it’ll expire on Nov,2020? Even though I never visited Poland since 2016, I still will have to apply for new certificate and cannot use this one?
thanks! Now I’m so scared with these certificates

 

[lostinquebec]

And I need one more advise: my certificate from Poland was issued on Nov 2019. By rules, certificates are valid only 1 year? So it’ll expire on Nov,2020? Even though I never visited Poland since 2016, I still will have to apply for new certificate and cannot use this one?
thanks! Now I’m so scared with these certificates

Your Poland certificate is ok, IRCC will accept it if you haven´t been there since 2016.
Your Ukraine certificate needs to cover your entire stay there for the last 10 years, so as long as you lived there for more than 6 months as some point, it doesn´t matter if your last stay was less than 6 months, the police certificate needs to confirm that you never had any trouble whenever you were there for the past 10 years.
To have a judicial review and reopen your immigration case, I believe those things take a lot of time and $, you definitely need an immigration lawyer for that so you should consult one to see what´s your best chance.
If you can reapply that would be best and this rejection won´t matter, since it was simply because of missing documentation. Good luck!

 

[lostinquebec]

That is obviously wrong.

The police certificate for the country where you currently live:

• must be issued no more than 6 months before the date you submit your application
• must not be expired

For any other country, the police certificate must be issued after the last time you stayed there for 6 months or more in a row.

https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/express-entry/apply-permanent-residence/police-certificates.html

You´re taking that sentence literally, if it didn´t have the clarification of 6months or more, people will assume they need to get a police certificate of every country they've visited in the last 10 years, which is not true. IRCC may not list every possible scenario on the website, but if you stayed at a country for 6 months or more at some point and you visited there multiple times, then the certificate needs to be after the last visit.
If a person commits a criminal activity at their home country while visiting, IRCC is not going to ignore and be ok with that just because their stay was less than 6 months, that doesn't make sense at all.
There's a purpose why IRCC asks you to complete all of your travels during the last 10 years on your PR application.

 

[lostinquebec]

I've submitted a PCC of my home country where I haven't resided since I was 18. I got it 2 years before AOR and I've traveled back to my home country since then. IRCC hasn't rejected it. IRCC also doesn't require you to list travels to your home country in the travel history at all. The form says so quite clearly.

Look, honestly I´m not interested in vouching for IRCC on a case by case scenario and maybe you got lucky or maybe I´m wrong on this, and that´s fine.
The main issue here is OP requested his police certificate while he was in Ukraine when he declared his residency at Canada. Instruction are very clear on that scenario:

If you live outside of Ukraine:
You can:

• apply in person at your nearest Embassy of Ukraine
• provide notarized authorization (Doruchennya) to a representative to apply to the regional militia office or centralized office in Kyiv (see Special notes and considerations for complete address) on your behalf

For more information, please visit your nearest Ukrainian embassy or consular office.

https://www.canada.ca/en/immigration-refugees-citizenship/services/application/medical-police/police-certificates/how/ukraine.html

 

[Zozulia]

Thank you guys! Yes, I think you are right and I made a stupid mistake which hurts a lot...

 

[a_sharath]

Hi guys, CEC applicant here
I got my refusal yesterday
"Your application was assessed based on the occupation(s) which you identified as part of your skilled
work experience in Canada: NOC 6211, Manager on Duty
I am not satisfied that you meet the skilled work experience requirement(s) because I am not satisfied that
you have the foreign work experienced claimed. I have read your explanation regarding the discrepancy
between stated activities in this application and from a previous application and from my assessment the
balance of probabilities strongly indicates that you have not fulfilled the amount of foreign work at the
stated NOC level as claimed. As such, you have insufficient points to pass this campaign."

Do you guys suggest I should remove my foreign work experience when I make a new profile? Is there a way I can mention the foreign work experience perhaps in letter of explanation or personal history just to be safe but no intent to claim points for it or do not mention it all?

I can't understand. Are you saying, you don't have foreign work experience? or you had previous application which got rejected due to incorrect noc?

 

[Princes2020]

You´re taking that sentence literally, if it didn´t have the clarification of 6months or more, people will assume they need to get a police certificate of every country they've visited in the last 10 years, which is not true. IRCC may not list every possible scenario on the website, but if you stayed at a country for 6 months or more at some point and you visited there multiple times, then the certificate needs to be after the last visit.
If a person commits a criminal activity at their home country while visiting, IRCC is not going to ignore and be ok with that just because their stay was less than 6 months, that doesn't make sense at all.
There's a purpose why IRCC asks you to complete all of your travels during the last 10 years on your PR application.

Instructions are supposed to be taken literally, not in any other sense. If “IRCC is not going to ignore and be ok with that just because their stay was less than 6 months”, then IRCC wouldn’t haven’t made 6 months benchmark. A person can commit a crime in just one day. The purpose of discussion here is to ascertain the actual reason behind rejection. And it seems it’s something else that went wrong, not the fact the the applicant was visiting his home country and obtained police certificate.

 

[Princes2020]

I can't understand. Are you saying, you don't have foreign work experience? or you had previous application which got rejected due to incorrect noc?

Yes, it’s not clear. If you have CEC why r u claiming foreign experience? Are you getting points for foreign exp without which u won’t get ITA?

 

[Shiva Kumar]

Hi All,

I have read in few other posts that for applicants outside Canada it is not a problem to claim experience(since I have all the documents including offer letter, payslips, form16 everything) along with the full time education(by correspondence) at the same. However, my questions to experts are:-

1) Do I need to mention it in LOE? If so what exactly do I need to mention?
2) Although Wes has evaluated it as masters will CIC again contact university or will this create problems?

Experts please answer.. As I have received ITA and have to file the application ASAP

 

[Shiva Kumar]

Hi All,

I have read in few other posts that for applicants outside Canada it is not a problem to claim experience(since I have all the documents including offer letter, payslips, form16 everything) along with the full time education(by correspondence) at the same. However, my questions to experts are:-

1) Do I need to mention it in LOE? If so what exactly do I need to mention?
2) Although Wes has evaluated it as masters will CIC again contact university or will this create problems?

Experts please answer.. As I have received ITA and have to file the application ASAP

This is regarding full time education(by correspondence) and work experience at the same time.

 

[armaanwadhwa]

Look, honestly I´m not interested in vouching for IRCC on a case by case scenario and maybe you got lucky or maybe I´m wrong on this, and that´s fine.
The main issue here is OP requested his police certificate while he was in Ukraine when he declared his residency at Canada. Instruction are very clear on that scenario:

If you live outside of Ukraine:
You can:

• apply in person at your nearest Embassy of Ukraine
• provide notarized authorization (Doruchennya) to a representative to apply to the regional militia office or centralized office in Kyiv (see Special notes and considerations for complete address) on your behalf

For more information, please visit your nearest Ukrainian embassy or consular office.

https://www.canada.ca/en/immigration-refugees-citizenship/services/application/medical-police/police-certificates/how/ukraine.html

The concerned person just didn't a PCC from the embassy, that's all. The fact is that a PCC is only required and issued after the last you stayed in a country for 6 months or more in a row. ITS PRETTY CLEAR and I don't think its fair to spread information which may cause stress to people unnecessarily.

This rule I think came around 2018. The entire stay thing was the rule before I think!