Lawyer for Legal Advice- CEC PR Application Refusal - PCC Not Covering full stay dates

[rmafzal]

Hello

Im seeking legal guidance to appeal for the decision of PR Application Refusal under Canadian Experience Class. The first rejection letter says the Police Certificate (PCC) provided do not cover full stay dates in the previous country of stay.

I had submitted updated PCC, raised webform for reconsideration but the decision remained same and IRCC did not accept my Updated PCC. According to IRCC the applicant must submit perfect PCC at the first go.

Anyone may please refer an experienced Lawyer who could deal my case. Thanks

 

[scylla]

Hello

Im seeking legal guidance to appeal for the decision of PR Application Refusal under Canadian Experience Class. The first rejection letter says the Police Certificate (PCC) provided do not cover full stay dates in the previous country of stay.

I had submitted updated PCC, raised webform for reconsideration but the decision remained same and IRCC did not accept my Updated PCC. According to IRCC the applicant must submit perfect PCC at the first go.

Anyone may please refer an experienced Lawyer who could deal my case. Thanks

It is accurate that the applicant must submit a PCC that covers the full period of stay with the original application. The application must be completed from the start. This is very important.

Did you submit the correct PCC before or after the refusal?

If the correct PCC was submitted before the refusal and while your application was still being processed, then an appeal may succeed.

If the correct PCC wasn't submitted until after the application was refused, then I'm not sure there's any point in appealing. In that case you were correctly refused based on having submitted an incomplete application. Hiring a lawyer to appeal will likely result in a long wait and a big waste of money, only to end in another refusal. Appeals really only work if IRCC was the one who made the error (not the applicant). In this case, it seems pretty clear the error was yours and the application was in fact incomplete. In these situations, the best thing to do is to reapply from scratch (i.e. create a new EE profile and wait for ITA again). Appeals stand an extremely low chance of succeeding.

 

[asiqur]

Hello

Im seeking legal guidance to appeal for the decision of PR Application Refusal under Canadian Experience Class. The first rejection letter says the Police Certificate (PCC) provided do not cover full stay dates in the previous country of stay.

I had submitted updated PCC, raised webform for reconsideration but the decision remained same and IRCC did not accept my Updated PCC. According to IRCC the applicant must submit perfect PCC at the first go.

Anyone may please refer an experienced Lawyer who could deal my case. Thanks

That's so disappointing.

What's your AOR? Did you pass your R10 Completeness Check? My first application was canceled as incomplete due to a lack of a marriage certificate. IRCC apparently doesn't accept Family Registration Certificates.

 

[rmafzal]

It is accurate that the applicant must submit a PCC that covers the full period of stay with the original application. The application must be completed from the start. This is very important.

Did you submit the correct PCC before or after the refusal?

If the correct PCC was submitted before the refusal and while your application was still being processed, then an appeal may succeed.

If the correct PCC wasn't submitted until after the application was refused, then I'm not sure there's any point in appealing. In that case you were correctly refused based on having submitted an incomplete application. Hiring a lawyer to appeal will likely result in a long wait and a big waste of money, only to end in another refusal. Appeals really only work if IRCC was the one who made the error (not the applicant). In this case, it seems pretty clear the error was yours and the application was in fact incomplete. In these situations, the best thing to do is to reapply from scratch (i.e. create a new EE profile and wait for ITA again). Appeals stand an extremely low chance of succeeding.

Thanks a lot for sharing valuable information. Yes, I submitted updated PCC after refusal by raising webform and requested for reconsideration.

 

[rmafzal]

That's so disappointing.

What's your AOR? Did you pass your R10 Completeness Check? My first application was canceled as incomplete due to a lack of a marriage certificate. IRCC apparently doesn't accept Family Registration Certificates.

AOR : September 30, 2021
The refusal letter says my application is considered incomplete.

 

[scylla]

Thanks a lot for sharing valuable information. Yes, I submitted updated PCC after refusal by raising webform and requested for reconsideration.

In my opinion an appeal has a very low chance of succeeding. Your application was incomplete and was correctly refused by IRCC.

Having said that, you're obviously free to try appealing if that's what you want.

Good luck regardless what you decide to do.

 

[asiqur]

AOR : September 30, 2021
The refusal letter says my application is considered incomplete.

That's strange. They took all these months to perform your completeness check, or did you receive the "Cancelled as incomplete" somewhere in October/November? Usually, the R10 is checked within a month's time.

Well if that's the case, then I am sorry to say this but you don't have much luck getting it reopened. As @scylla said, you had a better chance if you had submitted a new PCC via Webform before the cancellation of your application, because then IRCC is at fault for not processing your Webform before making the cancellation decision. Many folks here have had the same issue for different reasons and many of them have already received their PR now.

FYI: My application was "canceled as incomplete" 30-35 days from submission because IRCC didn't accept my Family Registration Certificate as proof of my conjugal relationship with my spouse. I created a new profile the same day, received ITA in the next draw, and applied with proper documents.

I would suggest getting a consultation from a legal firm (Cohen Immigration Law, for instance). They're experts in dealing with such matters professionally.

GoodLuck!