I received ITA in May 2015 and was Nominated by Manitoba as i have close family there. However, Express entry refused my application because gave me 0 points for Adaptability where as my spouse has 5 siblings living in Canada. Is there any way to challenge the decision?
Application refused, can you appeal?
- Thread starter emaanabbas
- Start date
Do I understand right, you were the main applicant, claimed points for having family in Canada and got rejected because the people aren't your relatives, but your spouse's?
This is correct and as per CIC website you are eligible to get 5 points for adaptability if you or your spouse have close relatives as per below:
http://www.cic.gc.ca/english/helpcentre/answer.asp?q=699&t=29.
you or your accompanying spouse have a qualifying relative in Canada (5 points)
http://www.cic.gc.ca/english/helpcentre/answer.asp?q=699&t=29.
you or your accompanying spouse have a qualifying relative in Canada (5 points)
okay.. but you get those points on the FSW grid, where you need to get at least 67 to qualify for FSW.
http://www.cic.gc.ca/english/immigrate/skilled/apply-factors.asp
Currently, there are no points going for relatives under the express entry grid.
http://www.cic.gc.ca/english/express-entry/grid-crs.asp
So, did you submit proof of the relationship with your spouse's siblings? If you got refused on this point I can only assume they took those points away, making you ineligible for FSW and therefore having to decline your application.
http://www.cic.gc.ca/english/immigrate/skilled/apply-factors.asp
Currently, there are no points going for relatives under the express entry grid.
http://www.cic.gc.ca/english/express-entry/grid-crs.asp
So, did you submit proof of the relationship with your spouse's siblings? If you got refused on this point I can only assume they took those points away, making you ineligible for FSW and therefore having to decline your application.
What evidence did you provide to show that your family members are currently living in Canada?
What evidence did you provide to prove that you are related to your family members in Canada?
Are all of your spouse's siblings living in Manitoba or only some?
What evidence did you provide to prove that you are related to your family members in Canada?
Are all of your spouse's siblings living in Manitoba or only some?
1. Did you receive 600 points for pnp?
Yes i did
2. Whats your score?
879
3. Were you refused post ITA or by Manitoba?
I was refused by express entry post ITA, Manitoba already nominated my under Family Stream which is why i got 600 points.
Yes i did
2. Whats your score?
879
3. Were you refused post ITA or by Manitoba?
I was refused by express entry post ITA, Manitoba already nominated my under Family Stream which is why i got 600 points.
What evidence did you provide to show that your family members are currently living in Canada?
Express entry only asked a question about siblings in Canada and i answered that as "YES", 1st sub-question, Relationship? I selected "Brother / Sister" from drop-down. 2nd sub-question which province i selected "Manitoba".
What evidence did you provide to prove that you are related to your family members in Canada?
When i reviewed the application, there was no requirement of uploading the document against this information. However, all this information was given to MPNP which is why they nominated me.
Are all of your spouse's siblings living in Manitoba or only some?
3 siblings in Manitoba and 2 siblings in Ontario.
Express entry only asked a question about siblings in Canada and i answered that as "YES", 1st sub-question, Relationship? I selected "Brother / Sister" from drop-down. 2nd sub-question which province i selected "Manitoba".
What evidence did you provide to prove that you are related to your family members in Canada?
When i reviewed the application, there was no requirement of uploading the document against this information. However, all this information was given to MPNP which is why they nominated me.
Are all of your spouse's siblings living in Manitoba or only some?
3 siblings in Manitoba and 2 siblings in Ontario.
Well if you say yes for relatives in canada, the checklist prompts for these documents. Did you take snapshots of the document checklist? If yes, than you can raise a CSE and request cic to reconsider as it was not your mistake since checklist did not prompt to you to upload the documents.emaanabbas said:
If however you decide to create a new profile and wait for next draw than you will have to get your nomination points transffered to the new profile.
If you have said that you have relatives, then the document upload list asks for a document "proof of relationship". Most people confuse this and assume that they are asking for the proof between you and your spouse, but that has its own placeholder "certificate of marriage".. I hope you did not confuse this either...
Another placeholder asks for "Status in Canada"... not sure whether it specifically mentions "Status of relative"that is where you would be uploading your siblings' Canadian passports/PR.
If you did not have these 2, then definitely explain that to CSE...
If you confused them, then I would suggest to send a CSE as well as re-apply with a new EE profile and wait for the next ITA...then wait 60 days to see what happens with the CSE... I assume your Manitoba nomination still stands... and can be transferred to a new file?
Another placeholder asks for "Status in Canada"... not sure whether it specifically mentions "Status of relative"that is where you would be uploading your siblings' Canadian passports/PR.
If you did not have these 2, then definitely explain that to CSE...
If you confused them, then I would suggest to send a CSE as well as re-apply with a new EE profile and wait for the next ITA...then wait 60 days to see what happens with the CSE... I assume your Manitoba nomination still stands... and can be transferred to a new file?
Thank you for your help, i really appreciate that.
I did go through my profile and i don't see any option where i am asked for "Proof of Relationship" therefore no supporting document was submitted.
Sorry for stupid question but what is CSE?
If i end up creating a new Express Entry profile, does that mean i will have to do IELTs again? Because my IELTS has been expired during this time.
I did go through my profile and i don't see any option where i am asked for "Proof of Relationship" therefore no supporting document was submitted.
Sorry for stupid question but what is CSE?
If i end up creating a new Express Entry profile, does that mean i will have to do IELTs again? Because my IELTS has been expired during this time.
CSE is case specific enquiry. You can find link on cic website. This will help you log an enquiry on your file.emaanabbas said:
You must have a valid ielts score card when creating an express entry profile. I think you will need a new one.