Application rejected - What to do next?

[farrukhahmed]

Hello all, I am seeking guidance and advice for my case that was recently rejected due to negligence of my immigration consultant. I will try to summarize the issue as much as possible. Would appreciate if someone can guide me for any possibility of reconsideration.

I had applied for the EE program in Nov 2015 through an immigration consultant based in Markham, Canada. His first lapse came in when as per CRS, I should've received my ITA in Feb 2017, however I did not receive any invite. Upon probing, he mentioned that it must be a 'glitch' in the system and they would send an inquiry about it. I found out from my own probing that they had not renewed my profile upon expiry in Nov 2016, hence I was never a part of the draw. Luckily, I got the ITA in May after the profile was renewed.

I submitted all the required documents post ITA based on the list and details provided to me by the consultant. That list included the requirement of a Police Certificate for every address where I have stayed for 6 months or more.

On 20th December 2017, he sent me a rejection letter from CIC with the reason mentioned as "Application Incomplete". The details mentioned that the Police Certificate did not cover the whole period of stay (there was a difference of 3 months, wherein I was out of country on a visit visa for job search and subsequently moved to UAE from Pakistan). To clarify, the Police Certificate in Pakistan is prepared with specific addresses and dates for those addresses. Since I had moved out of my apartment and was traveling, I did not have a valid address in Pakistan.

Immediately, the consultant told me that he would appeal for a review since that was not the usual course of action and a chance of clarification should have been given before rejection, however, the appeal was also rejected. He forwarded my the rejection letters and that''s when I noticed that the letters mentioned that the initial communication of rejection was sent to him on 2nd August 2017 and he had 3 months to clarify before the application was rejected and closed.

All through this time, I had been chasing him on phone and emails to ensure that nothing is missed out in my application, since I was skeptic of his diligence after the ITA incident, however still he was negligible to the point that I lost my chance of immigrating to Canada.

I need advice on further course of action from the following perspective:

• How to get the access to my profile so I can review what was submitted?
• Any chance of requesting for review of my application by CIC while giving clarification or a revised Police Certificate if required by them?
• How to proceed in filing an official complaint and/or legal case against the consultant so his malpractice doesn't affect others.

Would appreciate any help here.

 

[nishantvshah]

Hello,

firstly dont lose heart. Your application was only cancelled as incomplete and not rejected. there is a big difference between cancellation and rejection. The first thing you should do is create a new EE profile immediately (and ask your province to send you the nomination to the new profile if you are a PNP nominee). You then stand a chance to get an ITA.

Secondly, concentrate on the reasons mentioned by IRCC for the cancellation. if this is PCC related, then speak to the officials and get the information IRCC is asking. They are very strict for PCC related matters and even 1 day of missing information can cause alarms.

you need to speak to your agent and get your login information to get access to your profile. i guess he is taking you for a ride.

You can do 2 -3 things for now.

1 - get PCC for the whole mentioned period.
2 - if you cannot get the above, gather as much information as possible and write a letter of explaination during your new e-apr submission.

Nishant.

 

[farrukhahmed]

Hi Nishant,

Thanks for your response. Can you help me understand the difference between cancellation and rejection? as the letter clearly uses the term 'rejection' and mentions that the file will NOT be reopened.

Further, I have already tried to get the login information from the consultant but he has refused, stating it against his policy. Is there any legal way to proceed and get him to share the login details? or maybe create a new GCKey and provide some information to link my profile with it?

 

[woot2342]

Hi Nishant,

Thanks for your response. Can you help me understand the difference between cancellation and rejection? as the letter clearly uses the term 'rejection' and mentions that the file will NOT be reopened.

Further, I have already tried to get the login information from the consultant but he has refused, stating it against his policy. Is there any legal way to proceed and get him to share the login details? or maybe create a new GCKey and provide some information to link my profile with it?

He meant that your application got rejected because of incomplete set of documents (not full PCC history). That's not something bad and happens to applicants. People here got rejected because of the incomplete documents and they had to start application again in most of the cases. Sometimes CIC allow to upload missing documents but this is very dependable on the officer.

In this case, the best option would be to get the GCKey from your consultant. If he will keep refusing, then at least try to get your UCI (Unique Client Identifier) number from him. It will help to refer to your previous application in your new GCKey account.

 

[craig123]

Hello all, I am seeking guidance and advice for my case that was recently rejected due to negligence of my immigration consultant. I will try to summarize the issue as much as possible. Would appreciate if someone can guide me for any possibility of reconsideration.

I had applied for the EE program in Nov 2015 through an immigration consultant based in Markham, Canada. His first lapse came in when as per CRS, I should've received my ITA in Feb 2017, however I did not receive any invite. Upon probing, he mentioned that it must be a 'glitch' in the system and they would send an inquiry about it. I found out from my own probing that they had not renewed my profile upon expiry in Nov 2016, hence I was never a part of the draw. Luckily, I got the ITA in May after the profile was renewed.

I submitted all the required documents post ITA based on the list and details provided to me by the consultant. That list included the requirement of a Police Certificate for every address where I have stayed for 6 months or more.

On 20th December 2017, he sent me a rejection letter from CIC with the reason mentioned as "Application Incomplete". The details mentioned that the Police Certificate did not cover the whole period of stay (there was a difference of 3 months, wherein I was out of country on a visit visa for job search and subsequently moved to UAE from Pakistan). To clarify, the Police Certificate in Pakistan is prepared with specific addresses and dates for those addresses. Since I had moved out of my apartment and was traveling, I did not have a valid address in Pakistan.

Immediately, the consultant told me that he would appeal for a review since that was not the usual course of action and a chance of clarification should have been given before rejection, however, the appeal was also rejected. He forwarded my the rejection letters and that''s when I noticed that the letters mentioned that the initial communication of rejection was sent to him on 2nd August 2017 and he had 3 months to clarify before the application was rejected and closed.

All through this time, I had been chasing him on phone and emails to ensure that nothing is missed out in my application, since I was skeptic of his diligence after the ITA incident, however still he was negligible to the point that I lost my chance of immigrating to Canada.

I need advice on further course of action from the following perspective:

• How to get the access to my profile so I can review what was submitted?
• Any chance of requesting for review of my application by CIC while giving clarification or a revised Police Certificate if required by them?
• How to proceed in filing an official complaint and/or legal case against the consultant so his malpractice doesn't affect others.

Would appreciate any help here.

It's unfortunate that the consultant took you for a ride. But the good part as pointed by others is that it is a rejection on the bases of incomplete file. This deems your current application as rejected but has no bad implications on your future filing. Also, Canadian PR can be applied by you as in the applicant and do not need legal representation from a consultant/lawyer. Finally, the process is fairly simple as long as you provide everything they require. Now follow things as below:
1. Find UCI number. Check the email for ITA and other documents your consultant has sent you for it. This is needed since one is generated for you during your first application.
2. Create a new GCKey and create a new account on cic.gc.ca. In the mean time keep asking for GCKey from consultant that he had created.
3. Create Express Entry profile and submit right away. Assuming no major changes have happened which will reduce your CRS points you give your self a chance for the next ITA. This is on the assumption that you have all the other documents ready since you had already submitted the application previously. NOTE: Tomorrow is Thursday and as per CIC's pattern there can be a new draw tomorrow.
4. Re-apply for PCC from Pakistan for the missing time. Even though you may be travelling for a period of time you must have entered an address in personal history, use that address to get PCC. If not ask the PCC issuing agency what do they do in scenarios like this when you are clearly in Pakistan but are travelling. Figure this out while you wait for ITA. Even if you do get an ITA you can reject before 90 days. But you should get the PCC.
5. File an official complain about your representative/consultant with CIC (aka IRCC) Let them take some action against the consultant: (https://www.canada.ca/en/immigration-refugees-citizenship/services/immigration-citizenship-representative/file-complaint-against-representative.html)
6. Submit complaint to Better Business Bureau BBB (https://www.bbb.org/en/ca). This is not a legal approach but just a raiting for the business but companies do take these things seriously. So try to file a complaint with detail info to get his rating down.
7. Finally after everything is done and you move to Canada you can hire a lawyer and try to get the money back that you paid.

Good Luck.

 

[farrukhahmed]

It's unfortunate that the consultant took you for a ride. But the good part as pointed by others is that it is a rejection on the bases of incomplete file. This deems your current application as rejected but has no bad implications on your future filing. Also, Canadian PR can be applied by you as in the applicant and do not need legal representation from a consultant/lawyer. Finally, the process is fairly simple as long as you provide everything they require. Now follow things as below:
1. Find UCI number. Check the email for ITA and other documents your consultant has sent you for it. This is needed since one is generated for you during your first application.
2. Create a new GCKey and create a new account on cic.gc.ca. In the mean time keep asking for GCKey from consultant that he had created.
3. Create Express Entry profile and submit right away. Assuming no major changes have happened which will reduce your CRS points you give your self a chance for the next ITA. This is on the assumption that you have all the other documents ready since you had already submitted the application previously. NOTE: Tomorrow is Thursday and as per CIC's pattern there can be a new draw tomorrow.
4. Re-apply for PCC from Pakistan for the missing time. Even though you may be travelling for a period of time you must have entered an address in personal history, use that address to get PCC. If not ask the PCC issuing agency what do they do in scenarios like this when you are clearly in Pakistan but are travelling. Figure this out while you wait for ITA. Even if you do get an ITA you can reject before 90 days. But you should get the PCC.
5. File an official complain about your representative/consultant with CIC (aka IRCC) Let them take some action against the consultant: (https://www.canada.ca/en/immigration-refugees-citizenship/services/immigration-citizenship-representative/file-complaint-against-representative.html)
6. Submit complaint to Better Business Bureau BBB (https://www.bbb.org/en/ca). This is not a legal approach but just a raiting for the business but companies do take these things seriously. So try to file a complaint with detail info to get his rating down.
7. Finally after everything is done and you move to Canada you can hire a lawyer and try to get the money back that you paid.

Good Luck.

Hi Craig! Thank you for taking out the time and responding in such detail. My consultant is still evading and not accepting their mistake. They're putting up silly excuses such as, CIC did not give any leave or ask for any clarifications regarding the discrepancy in the PCC. Even though they had received the first letter in August and final rejection in December, they say the contents of both the letters were same (they have not provided me with the August letter). They have now submitted an appeal in the Federal Court, though I feel there's hardly any meat in the matter or hope for reopening of the case.

I plan to apply again asap (my IELTS has expired so that's the first step now). I'm still unaware if I'll need to get my educational certificates verified again, experience letters reissued etc? Would appreciate your guidance.

Meanwhile, also exploring other options such as a start-up visa

 

[manboarpig]

If you paid RPRF fee beforehand, ask for it back because IRCC will refund RPRF fee.
My application was refused. Can I get a refund?

PCC is the most popular reason for rejection and the immigration expert should have known that. (Link)

If I were you, I'd note down the old EE and UCI numbers and proceed with a new EE profile by myself. (PS: Read the cases at the link posted to see how important pcc is)
Good luck.

 

[craig123]

Hi Craig! Thank you for taking out the time and responding in such detail. My consultant is still evading and not accepting their mistake. They're putting up silly excuses such as, CIC did not give any leave or ask for any clarifications regarding the discrepancy in the PCC. Even though they had received the first letter in August and final rejection in December, they say the contents of both the letters were same (they have not provided me with the August letter). They have now submitted an appeal in the Federal Court, though I feel there's hardly any meat in the matter or hope for reopening of the case.

I plan to apply again asap (my IELTS has expired so that's the first step now). I'm still unaware if I'll need to get my educational certificates verified again, experience letters reissued etc? Would appreciate your guidance.

Meanwhile, also exploring other options such as a start-up visa

You do not need education certificates verified again as long as the ECA was issued less than 5 years ago. If Wes was used then it has to be issued after April 13, 2013 and you are good to go. About experience letters, if they are for a company that you were no longer working at the time of applying for your first Express Entry then you can use the same document. But if you are currently working for an employer get the most recent experience letters. Get the same exact letter with updated date of issue.

 

[gotyou0000]

It's unfortunate that the consultant took you for a ride. But the good part as pointed by others is that it is a rejection on the bases of incomplete file. This deems your current application as rejected but has no bad implications on your future filing. Also, Canadian PR can be applied by you as in the applicant and do not need legal representation from a consultant/lawyer. Finally, the process is fairly simple as long as you provide everything they require. Now follow things as below:
1. Find UCI number. Check the email for ITA and other documents your consultant has sent you for it. This is needed since one is generated for you during your first application.
2. Create a new GCKey and create a new account on cic.gc.ca. In the mean time keep asking for GCKey from consultant that he had created.
3. Create Express Entry profile and submit right away. Assuming no major changes have happened which will reduce your CRS points you give your self a chance for the next ITA. This is on the assumption that you have all the other documents ready since you had already submitted the application previously. NOTE: Tomorrow is Thursday and as per CIC's pattern there can be a new draw tomorrow.
4. Re-apply for PCC from Pakistan for the missing time. Even though you may be travelling for a period of time you must have entered an address in personal history, use that address to get PCC. If not ask the PCC issuing agency what do they do in scenarios like this when you are clearly in Pakistan but are travelling. Figure this out while you wait for ITA. Even if you do get an ITA you can reject before 90 days. But you should get the PCC.
5. File an official complain about your representative/consultant with CIC (aka IRCC) Let them take some action against the consultant: (https://www.canada.ca/en/immigration-refugees-citizenship/services/immigration-citizenship-representative/file-complaint-against-representative.html)
6. Submit complaint to Better Business Bureau BBB (https://www.bbb.org/en/ca). This is not a legal approach but just a raiting for the business but companies do take these things seriously. So try to file a complaint with detail info to get his rating down.
7. Finally after everything is done and you move to Canada you can hire a lawyer and try to get the money back that you paid.

Good Luck.

Hi,

Can you please help me understand if an application is rejected by CIC Visa officer error and we want it to be reconsidered as I have all the screenshots etc to prove them wrong? Is it even possible for CIC to reconsider a refused/rejected application or not?

Because they have kind of wasted 12-14 months by rejected the application (as they rejected it after 6 months from AOR) and now if I resubmit the application in the pool - will get the ITA (15-20 days) and submit all docs (15 more days) and then finally PPR after 6 months (based on current trends). So, I don't wish to recreate my EE profile (maybe I can do simultaneously but wouldn't prefer that to be the only option). But would still want my old application to be reopened/considered

Many thanks!

Regards

 

[kuskus]

Hi,

Can you please help me understand if an application is rejected by CIC Visa officer error and we want it to be reconsidered as I have all the screenshots etc to prove them wrong? Is it even possible for CIC to reconsider a refused/rejected application or not?

Because they have kind of wasted 12-14 months by rejected the application (as they rejected it after 6 months from AOR) and now if I resubmit the application in the pool - will get the ITA (15-20 days) and submit all docs (15 more days) and then finally PPR after 6 months (based on current trends). So, I don't wish to recreate my EE profile (maybe I can do simultaneously but wouldn't prefer that to be the only option). But would still want my old application to be reopened/considered

Many thanks!

Regards

If you have proof that the denial is an error on their part, send them an e-mail with the evidence. They should reopen the file. However, if they refuse to, you have the option of hiring a lawyer to handle it or reapply.

 

[pharmaneuron]

Hi i have applied under EE on 2nd of Oct 2019 and my file was declined due to incomplete and i had applied Work permit Extension on the same day against the AOR received after Submitted EE file. On 13th of November i got another invitation to apply under EE and Submitted and get a new AOR. Will this AOR help me to get approve my Work permit extension or not?

My Email: Pharmaneuron@gmail.com
Please guide me if you have any knowledge regarding this.

 

[Psg88]

Hello,

firstly dont lose heart. Your application was only cancelled as incomplete and not rejected. there is a big difference between cancellation and rejection. The first thing you should do is create a new EE profile immediately (and ask your province to send you the nomination to the new profile if you are a PNP nominee). You then stand a chance to get an ITA.

Secondly, concentrate on the reasons mentioned by IRCC for the cancellation. if this is PCC related, then speak to the officials and get the information IRCC is asking. They are very strict for PCC related matters and even 1 day of missing information can cause alarms.

you need to speak to your agent and get your login information to get access to your profile. i guess he is taking you for a ride.

You can do 2 -3 things for now.

1 - get PCC for the whole mentioned period.
2 - if you cannot get the above, gather as much information as possible and write a letter of explaination during your new e-apr submission.

Nishant.

Is it possible to contact the province to transfer the points to the new profile after a cancellation for missing documents?? Is it easy to do??

 

[Tachfamily]

Is it possible to contact the province to transfer the points to the new profile after a cancellation for missing documents?? Is it easy to do??

I am in the same situation.waiting someone to reply

 

[pharmaneuron]

Is it possible to contact the province to transfer the points to the new profile after a cancellation for missing documents?? Is it easy to do??

HI friend,

I called to the IRCC officer on their concerned contact number and they guide me very well. I contacted them (IRCC officer) by web form regarding my missing document and request them to reconsider my file. after about 15-20 days one of the IRCC officer reviewed my file and reconsider my file as normal. now my file is under process as other candidates profile in the pipeline. the only possible way to contact immigration officer in IRCC is by Web form. if you try to contact IRCC by call for your kind of information they are not immigration officer they are there just to guide us to the right direction.
just explain everything regarding your file in an justification letter and attach necessary documents in the web form. i wish they reconsider your file as well. wish you luck brother/sister.

 

[pharmaneuron]

I am in the same situation.waiting someone to reply

HI friend,

I called to the IRCC officer on their concerned contact number and they guide me very well. I contacted them (IRCC officer) by web form regarding my missing document and request them to reconsider my file. after about 15-20 days one of the IRCC officer reviewed my file and reconsider my file as normal. now my file is under process as other candidates profile in the pipeline. the only possible way to contact immigration officer in IRCC is by Web form. if you try to contact IRCC by call for your kind of information they are not immigration officer they are there just to guide us to the right direction.
just explain everything regarding your file in an justification letter and attach necessary documents in the web form. i wish they reconsider your file as well. wish you luck brother/sister.

I am in the same situation.waiting someone to reply