CIC EE APP CANCELLED - SHOULD I APPEAL OR APPLY AGAIN WITH SAME PNP NOMINATION

[Jawad Talib]

Many thanks Damijay for the info..

 

[AK84]

Hi Guys,

Can we apply under Express Entry if we get LMIA job offer as Food service supervisor but that is different than his/her previous Canadian work experience like graphic etc.

Question: CIC does not require that one's work experience has to be the same as LMIA ?

Would they be disqualified under Express Entry ?
Please suggest,

 

[damijay]

Hi guys,

Thanks for all your advice.

I have begun re-creating a new express entry profile and also sent a CSE; will follow through on whichever is faster.

Does anyone have an idea how long it takes CIC to refund the processing and RPR fees?

Thank you.

 

[smtele]

Can you create a new EE profile, while send a CSE to counter the refusal on the old EE profile, from the same myCIC account? I thought the old EE profile would need to be withdrawn before creating a new one.

Or, do you need to create a new myCIC account, and a new EE under it?

Sorry to hear about your refusal.

 

[damijay]

Can you create a new EE profile, while send a CSE to counter the refusal on the old EE profile, from the same myCIC account? I thought the old EE profile would need to be withdrawn before creating a new one.

Or, do you need to create a new myCIC account, and a new EE under it?

Sorry to hear about your refusal.

Well, according to the cancellation notice i got from my previous profile quoted below:
"New Express Entry profile
If you still want to come to Canada as a skilled immigrant, you must submit a new Express Entry profile through your MyCIC account. If you choose to submit a new Express Entry profile, you must make sure your documents are valid on:
- the date you submit your new Express Entry profile,
- the date you submit your application for permanent residence, if you are invited to apply.
Documents where validity is important are:
- Upfront medical report: Valid for 12 months from the date of the medical assessment.
- Education Credential Assessment: Must be no more than five years old and issued on or after the date of designation.
- Language test results: Must be no more than two years old.
- Offer of arranged employment (includes Labour Market Impact Assessment (LMIA) and letter of employment offer): LMIAs are valid for 6 months from the date of issue. Your letter of employment must demonstrate you have a current offer of employment.
The information you submitted as part of your original Express Entry profile will remain in your MyCIC account for 60 calendar days from the date of this letter. This information can be used to submit a new Express Entry profile."

It would appear you can just create a new express entry profile since the old one has already been cancelled(invalidated). And Yes, it can be done on your existing MyCIC account. Hope this info helps.

 

[smtele]

Thanks for the info.

 

[Dhaval27]

Hi Guys, i would like your advice concerning my application which was rejected today and wherewith i am very disappointed with the decision. In order to have a full grasp of the whole scenario, i will be stating as much information as possible.

So i got a correspondence today stating that my EE application had been rejected. Quoted is the reason i got in the correspondence letter:

"Citizenship and Immigration Canada (CIC) has reviewed your application for permanent
residence. We have determined that your application does not meet the requirements of a
complete application as described in sections 10 and 12.01 of the Immigration and Refugee
Protection Regulations. Your application is rejected for being incomplete.

Specifically, your application does not include the following elements:
- Police Certificate:
o The Police certificate from GHANA was not provided. This document is required based
on address/background history from 2013/01 to 2013/10. It appears you resided 6
months or more in that country. NOTE: You did not provide a letter of explanation and
proof of submission for this Police Certificate.

Note: A full review of your application was not performed. There may be other elements, not
identified above, which may also be missing or incomplete."

Prior to the above correspondence, i had received an earlier correspondence letter(28th of Jan) instructing me to upload forms IMM5669 and IMM5562 which i did same day. Now i want to state that at no point in time did i stay/reside at GHANA for upto or more than 6 months at a stretch and that was expressly stated in Form IMM5562; supplementary travels which was uploaded(as a merged pdf document with form IMM5669) as instructed. I was running a post graduate degree program there and would shuttle between GHANA and my country of residence without ever using up to 180days(6 months) @ a stretch. I stand to be corrected but i believe EE criteria states that you get a Police report for anywhere u have stayed for more than 6 months..

Also i got the ITA because i am a provincial nominee and had filled all the necessary forms including the above mentioned forms(IMM5669 and IMM5562) which got me the nomination. So all i really did was re-submit the forms i had earlier submitted to get my PNP to CIC.

Below is further information stated in the correspondence letter and i quote:

"Job Seeker account
Since your application is rejected, you are no longer a candidate for Express Entry and your
Express Entry profile number is no longer valid.

New Express Entry profile
If you still want to come to Canada as a skilled immigrant, you must submit a new Express Entry
profile through your MyCIC account. If you choose to submit a new Express Entry profile, you
must make sure your documents are valid on:
- the date you submit your new Express Entry profile,
- the date you submit your application for permanent residence, if you are invited to apply.

The information you submitted as part of your original Express Entry profile will remain in your
MyCIC account for 60 calendar days from the date of this letter. This information can be used to
submit a new Express Entry profile.
If you submit a new Express Entry profile, you will get a new profile number. You will also get
directions on how to register for Job Bank with this new number."

Now my questions are;

1) Can/Should i appeal the decision because in my opinion: I feel that whoever reviewed the documents on CIC probably did not review by IMM5562 form because it was a merged pdf with IMM5669 been the first document. If they had done that and needed proof, i would have gladly provided(stamped pages of my travel document).
2) If i did/do decide to appeal, how would i go about it?
3)Would it be possible to re-apply with the same PNP Nomination certificate which is valid till Jun this year because CIC state in the rejection correspondence and i quote; "Since your application is rejected, you are no longer a candidate for Express Entry and your
Express Entry profile number is no longer valid.". Is the nomination tied to the initial(rejected) EE profile no?
4) If i could reapply with the same PNP nomination, how would i go about it?

Thanks in advance for all your help.

Please check your personal message abdn

 

[damijay]

Please check your personal message abdn

I've replied to your message Dhaval

 

[damijay]

So, I realized its been close to 9 months and no feedback was given on how this issue was resolved. Consequently, in order to assist anyone out there who may have/had a similar case, below are the steps I took in getting it resolved. My apologies for not doing this sooner.

1) I created a new EE profile on my CIC account and all my previous details were automatically moved to the new profile.
2) Got a CIC message that my profile had been accepted. Same day I sent a mail to my Nominating province stating the new EE app no and requesting my nomination moved to that new EE profile.
3) Got a new CIC mail that I had received a nomination from my province.
4) Accepted provincial nomination
5) Received ITA.
6) Proceeded to get PCC that got the initial app cancelled.
7) Submitted ITA after successfully acquiring PCC with LOE futher explaining issues raised in earlier received rejection letter. Paid App processing fee only.

Things went on pretty smoothly after that.

NOTE: CIC has country specific instructions for acquiring PCC and it is best to always consult the information provided on their site. Also, it doesn't hurt to always submit an LOE for each correspondence one receives clarifying any "grey" areas that may not be initially apparent concerning requested documents.
In my case, steps 1 to 5 happened pretty much within a week, depending on your nominating province and the apps they are currently processing, a lil patience might be in order to get their feedback as per transfer of nomination. Finally, it may be more expedient to pay both App processing fee + RPRF as at when submitting ITA(I was squirmish after the rejection, so I played it "safe")

Special thanks to @jes_ON and @AsivadAnac

Good luck.

 

[kittU2000]

I had got ITA on 16th November, applied on 19th November. My PSK verification was taking time so I applied in local police station. They gave me PCC for las two years. I uploaded the same . I received a mail stating cancelled as incomplete. Now i have received my PCC from PSK too. I am so disturbed and disheartened. please suggest what should I do. Although I have created a new profile but my score is very low due to decreased scores of job offer. suggest and help. I have seen this forum is very helpful. I dont know how to put query on the portal. I am from India

 

[shivalk]

Hello Damijay,
I also get the rejection due to same reasons as your profile got rejected. I was alao nominated by a province.
Is your rejected EE profile reopened ? Did the authorities responded to your CEF. Did your Provincial nominee certificate also goes in Vein due to rejection of EE profile ?
Kindly help me in this tough time.

Regards,
Shival

 

[4RyL]

Incorrect understanding.

That link informs that Ghana authorities won't issue PCC to any foreigner resident in Ghana for less than 3 months. It doesn't mean that one needs to provide a PCC from Ghana if one has stayed there for 4 months. CIC requires PCC from countries where one has lived for 6 months or more in a row - no exceptions to that rule.

Another weird thing here - the link clearly informs that you do NOT need to submit an upfront PCC for Ghana. Makes this refusal hard to understand.

Still, I would recommend that you create another EE profile immediately and inform your nominating province about this refusal. Simultaneously, you can try sending in a CSE challenging this refusal in the light of the knowledge that an upfront PCC from Ghana is not requir
CSE ---> https://secure.cic.gc.ca/enquiries-renseignements/canada-case-cas-eng.aspx

Please did you get a LOE or a PCC from Ghana when you made the next application. I have a similar issue here and need advise.
Sep2016 - Date : USA
Jan 2015 - Aug 2016: UK
Birth - Jan 2015: Ghana

Do I need to apply for a PCC from Ghana before application or I will need to upload a LOE considering the instruction on their website about PCC from Ghana. Please advise

 

[4RyL]

Yes - CIC's own rules say that no PCC is required with the application. The VO made an error. This is definitely grounds for requesting reconsideration.

However, CIC instructions do state that in those cases where a PCC is not required up front, that the applicant should upload a LOE (letter of explanation) instead of the PCC that states “I am applying from a country that requires an official request letter from CIC to get a police certificate.”

So CIC could still claim that the application was incomplete. But worth a shot.

Please did you get a LOE or a PCC from Ghana when you made the next application. I have a similar issue here and need advise.
Sep2016 - Date : USA
Jan 2015 - Aug 2016: UK
Birth - Jan 2015: Ghana

Do I need to apply for a PCC from Ghana before application or I will need to upload a LOE considering the instruction on their website about PCC from Ghana. Please advise

 

[kitvy]

Hi guys,

Very insightful post.

I am based in Africa and enrolled in a long distance course in UK which i am claiming points for. I listed Country of Education as UK, though i am working full time in Africa. Will i need a PCC for UK even if i haven't been physically in the UK ? Shall i amend my Country of Education to my present physical address ?

Thoughts ?

 

[alzs-]

Hi guys,

Very insightful post.

I am based in Africa and enrolled in a long distance course in UK which i am claiming points for. I listed Country of Education as UK, though i am working full time in Africa. Will i need a PCC for UK even if i haven't been physically in the UK ? Shall i amend my Country of Education to my present physical address ?

Thoughts ?

From CIC's website (http://www.cic.gc.ca/english/resources/tools/perm/express/intake-complete.asp):

• Applicants are instructed to indicate that their education was completed by correspondence by typing in brackets {by correspondence} on the same line as the education institution name found in the Education Background Information tab of GCMS. The discretion remains with the officer to decide if a police certificate is required for the country of the education institution

I had a similar issue as the poster and got my application canceled. I suggest you add a LOE explaining your course was long distance and that's why you did not provide a PCC from UK.