Application has been allegedly submitted to the incorrect visa office.

[edtok]

I am using one of the most well-known, if not the most well-known immigration lawyers to help me with my application. I have a fairly straightforward application, I am already in Canada and got married this year. I decided to go the outland route as I wanted the option to be able to leave and come back as I travel for work. They said they submitted my outland PR application to the case processing center in Sydney, Nova Scotia and had been received on the 12th of November 2020.

I did not hear anything from them for months so in early March I emailed the immigration lawyers asking for an update, they replied saying that just that day they received my case file back from the Case processing centre in Sydney citing the application has been allegedly submitted to the incorrect visa office, they said that however the Outland stream was indeed processed in Sydney and they asserted that this was returned in error and they would contest the return. They asked me to resign the documents and resubmit which I duly did.

I don't understand however how someone who works processing Outland applications would return such an application in error. Has anyone experienced anything like this? Did my immigration lawyer just forget to send the application and is now trying to cover up and is misleading me? Any insight would be greatly appreceiated.

 

[krishnat]

Unless if your immigration lawyers makes mistake with your application it is very unlikely returned from the CIC.If they sent to correct address in Sydney (each stream has its own PO number in Sydney office).so based on my knowledge either your lawyer did not full the application forms or used an old version forms etc..Ask your lawyer why they returned..

 

[armoured]

Ask for a copy of the letter ircc returned with the application.

 

[armoured]

Ask for a copy of the letter ircc returned with the application.

My guess is that the lawyer made some other mistake, but that's only a guess. If the letter said it was sent to the wrong office, then the lawyers should be willing to provide you with that letter.

If they refuse, they're not being honest with you. Their claim that they would 'contest the return' doesn't sound entirely honest, frankly - how do they suggest they're going to do that? There's no real process to 'contest a mistaken return'; they could write a letter asking for it to be processed quicker but so could anyone - doesn't mean it will work.

In occasional cases when applicants have sent to the wrong office (where it really was the applicant's mistake), IRCC has simply re-routed through their own internal mail. That doesn't mean they always do so, but it makes it even less likely to my ears that IRCC would mistakenly return an applicaiton sent to the right office. (Of course, mistakes are possible so I'm not claiming it has never happened or couldn't happen)

 

[armoured]

I did not hear anything from them for months so in early March I emailed the immigration lawyers asking for an update, they replied saying that just that day they received my case file back from the Case processing centre in Sydney

BTW I find this coincidence that they 'just that day' received your case file back a wee bit improbable.

Hope you kept that reply email. If my (perhaps wild) speculation is correct, you can complain to them and about them; lawyers aren't supposed to lie to their clients.

I hope I'm wrong as you say they are a well-known firm.

 

[esam99]

i agree with armoured, i dont think ur lawyer is honest with u

 

[DiiDii]

Why are you using a lawyer anyway. You spent extra money for this to happen. If you're application is straight forward then you could have sent it yourself. Reputable or not they made a mistake. I haven't seen them sent back for that reason. They usually re-route and it takes longer. Unless it was someone knew. But they can't contest anything. Sorry for your situation

 

[edtok]

BTW I find this coincidence that they 'just that day' received your case file back a wee bit improbable.

Hope you kept that reply email. If my (perhaps wild) speculation is correct, you can complain to them and about them; lawyers aren't supposed to lie to their clients.

I hope I'm wrong as you say they are a well-known firm.

Yes, this was also the red flag for me, a big coincidence that they received it back that day. It is perhaps possible they had received it back earlier but as they are a big company it had fallen through the cracks and they have forgotten to deal with it.

I think I will request the letter as you recommended and see what they say, at the end of the day I just want the process to go a fast as possible and I'm not really looking to shame anyone but I just wish they would be honest with me.

 

[edtok]

Why are you using a lawyer anyway. You spent extra money for this to happen. If you're application is straight forward then you could have sent it yourself. Reputable or not they made a mistake. I haven't seen them sent back for that reason. They usually re-route and it takes longer. Unless it was someone knew. But they can't contest anything. Sorry for your situation

They were recommended to me by a friend who they helped and I just thought I would get the help of a professional to make the process as easy as possible.

 

[pc8922]

I am using one of the most well-known, if not the most well-known immigration lawyers to help me with my application. I have a fairly straightforward application, I am already in Canada and got married this year. I decided to go the outland route as I wanted the option to be able to leave and come back as I travel for work. They said they submitted my outland PR application to the case processing center in Sydney, Nova Scotia and had been received on the 12th of November 2020.

I did not hear anything from them for months so in early March I emailed the immigration lawyers asking for an update, they replied saying that just that day they received my case file back from the Case processing centre in Sydney citing the application has been allegedly submitted to the incorrect visa office, they said that however the Outland stream was indeed processed in Sydney and they asserted that this was returned in error and they would contest the return. They asked me to resign the documents and resubmit which I duly did.

I don't understand however how someone who works processing Outland applications would return such an application in error. Has anyone experienced anything like this? Did my immigration lawyer just forget to send the application and is now trying to cover up and is misleading me? Any insight would be greatly appreceiated.

Couple of points. Although they are already covered but want to second that :-

1. There is no 'contest the return' process. There is only re-submitting and restarting the process. Your lawyer knows that better than us.
2. Coincidences should always be questioned. They got the file returned the same day you inquired is a little unbelievable, although a possibility.
3. Every returned application gets a refusal letter. That letter also has a date. Please ask them for that letter. You have every right as a client to it.
4. Why it happened? Probably due to the part in the checklist where you differentiate b/w Inland and Outland OR maybe the officer looked at the address - saw it as Canadian - and decided that it was probably incorrect to be Outland ( which is an error on their part ).
5. If I were you - I wouldn't be paying that lawyer a dime. But that is your decision.

 

[armoured]

3. Every returned application gets a refusal letter. That letter also has a date. Please ask them for that letter. You have every right as a client to it.
4. Why it happened? Probably due to the part in the checklist where you differentiate b/w Inland and Outland OR maybe the officer looked at the address - saw it as Canadian - and decided that it was probably incorrect to be Outland ( which is an error on their part ).

I'm going to set this out a bit differently:
-if they do not provide the refusal letter or say they do not have it, they are not telling the truth. (Or completely incompetent). No legal office would not keep a copy of such correspondence.

-almost any error is possible, really. Lawyer's offices make mistakes too. Assuming it is the lawyer's error and not IRCC (not impossible of course).

-the issue is whether they own up to it or not. Let's see what the real story is (i.e. I'm not getting into what they applicant should or might do later just yet)

I don't wish ill on them here - perhaps it was an IRCC error.

 

[pc8922]

I'm going to set this out a bit differently:
-if they do not provide the refusal letter or say they do not have it, they are not telling the truth. (Or completely incompetent). No legal office would not keep a copy of such correspondence.

-almost any error is possible, really. Lawyer's offices make mistakes too. Assuming it is the lawyer's error and not IRCC (not impossible of course).

-the issue is whether they own up to it or not. Let's see what the real story is (i.e. I'm not getting into what they applicant should or might do later just yet)

I don't wish ill on them here - perhaps it was an IRCC error.

Just to clarify - by 'their' fault I was referring to the Officer, so IRCC. That is definitely a possibility.

 

[Idrissrafd]

Armoured has said everything, but I would like to add that this (they replied saying that just that day they received) sounds a little bit weird, suspicious or call it whatever you want.
I’m not a big fan of IRCC (lol), but I suspect the lawyers. That’s just my personal impression, feeling, no more, no less.

One more time, ask for the letter and all your file and check it yourself.

 

[armoured]

Frankly I wouldn't be surprised if it turned out that they didn't submit it, and then realised when the OP contacted that the signatures had also expired. Perhaps unfair but stranger things have happened.

 

[Crazywire]

I am using one of the most well-known, if not the most well-known immigration lawyers to help me with my application. I have a fairly straightforward application, I am already in Canada and got married this year. I decided to go the outland route as I wanted the option to be able to leave and come back as I travel for work. They said they submitted my outland PR application to the case processing center in Sydney, Nova Scotia and had been received on the 12th of November 2020.

I did not hear anything from them for months so in early March I emailed the immigration lawyers asking for an update, they replied saying that just that day they received my case file back from the Case processing centre in Sydney citing the application has been allegedly submitted to the incorrect visa office, they said that however the Outland stream was indeed processed in Sydney and they asserted that this was returned in error and they would contest the return. They asked me to resign the documents and resubmit which I duly did.

I don't understand however how someone who works processing Outland applications would return such an application in error. Has anyone experienced anything like this? Did my immigration lawyer just forget to send the application and is now trying to cover up and is misleading me? Any insight would be greatly appreceiated.

I think your lawyer is lying to you. I sent my outland application mistakenly to Mississauga CPC and they forwarded it to Sydney CPC.