CIC Lost my documents and now my application is refused.

[canuck_in_uk]

Also that inland applicants do not have a right to appeal. She sent me a link to the list of information on appealing and I do not see anywhere that I am not allowed to appeal.

I called CIC again and this time a guy, Joe, stated that my work permit is valid until it expires which is Nov, 2017, and that I am legally allowed to stay in Canada.

Has anyone experienced this before with CIC immigration losing your papers?

As others have said, there is no right to appeal for an inland application.

Yes, your work permit will remain valid until it expires.

It's entirely possible that Canada Post lost the papers and IRCC never received them. That is why it's important to always use registered mail or a courier when sending important documents.

It is very frustrating especially when we are planning a family and have to wait until after the chest xray which may be another year to have a child.

You probably won't want to hear this but had you applied outland, with an upfront medical, in Oct 2015, you would most likely have been a PR months ago. Inland is never the better choice for Americans.

If your inland app is not reopened, I seriously suggest you apply outland.

 

[nartcr]

Very Well done. Good for U!!

I am positive that the MP will help u out. If it doesn't work out, try the above way. Lastly I would encourage reapplying by outland way as others have suggested. There is a guide I read yesterday about appeals. So far I didn't come across any clause about no right of appeal for inland applicants. Possibly they have reversed the rule Secondly there are instructions about contesting CIC's decision in court. However, I feel courts r lengthy and expensive route as u'll probably need a lawyer or legal consultation. Reapplying seems more attainable goal in short term.

Keep us posted with updates

i applied outland and not inland. MP route will have to be taken for inland, and i suggest sponsor ( in above post ) to send a strong worded document. In the operational bulletin - http://www.cic.gc.ca/English/resources/manuals/index.asp - it clearly states thatCIC have to reopen the case if the mistake is on their side.

 

[kimt487]

I have been in contact with the MP's office. Today the constituent assistant told me that it will be probably be another week until she hears from CIC and then she will email me the response. I also received this email today:

This refers to your recent request for reconsideration of the decision on the Application for Permanent Residence you made under the Spouse or Common-Law Partner in Canada Class.

Please be advised that your request for reconsideration of that decision has been denied. You indicated in your letter of September 19, 2016 that you submitted the requested proof of relationship documents in mid-June, however to date these documents have not been received and you have not provided proof of submission of the documents. Your application for permanent residence in Canada was considered on its substantive merits and was refused. You were provided with the decision containing the reasons for refusing your application for permanent residence in Canada by correspondence addressed to you on September 16, 2016, thereby fully concluding your application.

Should you wish to submit a new application for permanent residence in Canada, you will have to:

 submit a new application with all required supporting documentation;

 submit new processing fees;

 meet all requirements; and

 provide proof that the reason(s) for the refusal of your previous application has been resolved.

Contact Information

To contact Citizenship and Immigration Canada (CIC) and for information on programs and services, application forms, or general updates on your file status, visit our web site at (link removed)
When you contact CIC, please include your 8-digit Unique Client Identifier (UCI) number. Your UCI can be found at the top left of this correspondence. Please note that CIC will only respond to inquiries about your sponsorship application with you or with the individual you appointed as your representative.

Change of Address

You must report any changes to your address, telephone number(s) and email address immediately. Please note that CPC Mississauga will not update contact information. Changes to your contact information should be made through our online service at (link not allowed to post on here)
Sincerely,

Officer AP

Case Processing Centre Mississauga

This is disheartening especially after reading an applicant's post. I was going to post the link here but it is not allowed. I found the post by googling "CIC lost my documents" it is titled "CiC may lost my documents. What should I do?

So that person was given a second chance, they were notified that their documents were not received and was allowed to have them resent in without their application being refused right off the bat, even though I was told over the phone that CIC would notify me if any documents were still needed. I never received such email.

I had considered applying outland in the beginning but my husband and I were both working 7 days a week with school and other responsibilities and just never found time to get all the documents together. We actually paid all the fees a few days after our wedding in January 2014 but life got in the way and I never found time to do the paperwork until I was able to quit my job and move here. I was student here in 2009 and we had already dated two years by the time I had to leave to finish my studies in the states (international student fees are 3-4 times more than domestic students fees as many on here would know). So from 2011 to 2015 we kept in touch by phone and skype and visiting each other whenever we could. It was very difficult but we made it and to do it over again even for several months to a year would put more strain on our relationship. Plus I had already quit my job and renewed my nursing license in the "inactive" state in California. I don't know if I would be able to even get it reactivated so soon. I am getting licensed here and hoping to at least be able to renew my work permit next year even if I have to reapply again. For now I am working minimum wage full time. I read about some people complaining to news agencies and getting their cases reopened. I considering doing the same or maybe go to the human rights tribunal. My husband is saying we should just reapply again but I feel like I am being taken advantage of and CIC is just sweeping my complaint under the rug, just like many other unheard cries of people who had to go through the same thing. Does anyone know of an American applying inland and actually was able to become a PR? Is it possible or am I just wasting my time? Should my husband and I be separated for another however many months to finally get this thing going? Since I am helping him pay our mortgage I would rather not and just the obvious emotional reasons but I don't want to waste so much more time and money if it is impossible for me to immigrate here with an inland application.

Thanks for listening and let me know if I ramble on too much. Just venting frustrations. :-[

 

[kimt487]

Btw nartcr thanks for the suggestion. In future correspondence I'm going to ask my husband to have more input since he is the sponsor. How were you able to post a link? My reply box stated that I am not allowed to post links. :

 

[cheng9999]

I have been in contact with the MP's office. Today the constituent assistant told me that it will be probably be another week until she hears from CIC and then she will email me the response. I also received this email today:

This refers to your recent request for reconsideration of the decision on the Application for Permanent Residence you made under the Spouse or Common-Law Partner in Canada Class.

Please be advised that your request for reconsideration of that decision has been denied. You indicated in your letter of September 19, 2016 that you submitted the requested proof of relationship documents in mid-June, however to date these documents have not been received and you have not provided proof of submission of the documents. Your application for permanent residence in Canada was considered on its substantive merits and was refused. You were provided with the decision containing the reasons for refusing your application for permanent residence in Canada by correspondence addressed to you on September 16, 2016, thereby fully concluding your application.

Should you wish to submit a new application for permanent residence in Canada, you will have to:

 submit a new application with all required supporting documentation;

 submit new processing fees;

 meet all requirements; and

 provide proof that the reason(s) for the refusal of your previous application has been resolved.

Contact Information

To contact Citizenship and Immigration Canada (CIC) and for information on programs and services, application forms, or general updates on your file status, visit our web site at (link removed)
When you contact CIC, please include your 8-digit Unique Client Identifier (UCI) number. Your UCI can be found at the top left of this correspondence. Please note that CIC will only respond to inquiries about your sponsorship application with you or with the individual you appointed as your representative.

Change of Address

You must report any changes to your address, telephone number(s) and email address immediately. Please note that CPC Mississauga will not update contact information. Changes to your contact information should be made through our online service at (link not allowed to post on here)
Sincerely,

Officer AP

Case Processing Centre Mississauga

This is disheartening especially after reading an applicant's post. I was going to post the link here but it is not allowed. I found the post by googling "CIC lost my documents" it is titled "CiC may lost my documents. What should I do?

So that person was given a second chance, they were notified that their documents were not received and was allowed to have them resent in without their application being refused right off the bat, even though I was told over the phone that CIC would notify me if any documents were still needed. I never received such email.

I had considered applying outland in the beginning but my husband and I were both working 7 days a week with school and other responsibilities and just never found time to get all the documents together. We actually paid all the fees a few days after our wedding in January 2014 but life got in the way and I never found time to do the paperwork until I was able to quit my job and move here. I was student here in 2009 and we had already dated two years by the time I had to leave to finish my studies in the states (international student fees are 3-4 times more than domestic students fees as many on here would know). So from 2011 to 2015 we kept in touch by phone and skype and visiting each other whenever we could. It was very difficult but we made it and to do it over again even for several months to a year would put more strain on our relationship. Plus I had already quit my job and renewed my nursing license in the "inactive" state in California. I don't know if I would be able to even get it reactivated so soon. I am getting licensed here and hoping to at least be able to renew my work permit next year even if I have to reapply again. For now I am working minimum wage full time. I read about some people complaining to news agencies and getting their cases reopened. I considering doing the same or maybe go to the human rights tribunal. My husband is saying we should just reapply again but I feel like I am being taken advantage of and CIC is just sweeping my complaint under the rug, just like many other unheard cries of people who had to go through the same thing. Does anyone know of an American applying inland and actually was able to become a PR? Is it possible or am I just wasting my time? Should my husband and I be separated for another however many months to finally get this thing going? Since I am helping him pay our mortgage I would rather not and just the obvious emotional reasons but I don't want to waste so much more time and money if it is impossible for me to immigrate here with an inland application.

Thanks for listening and let me know if I ramble on too much. Just venting frustrations. :-[

I hope your MP will be able to help you. I believe it will be your best shot, and if it becomes a dead end, you should move on instead of waste time.

In the mean time, the pragmatic thing to do is to gather up all the documents, and prepare to apply OUTLAND. You were denied not because of lack of documents, not because of other reasons, so it should be fine this time round.

You can remain in Canada, and continue to work (you mentioned your work visa expires Nov 2017, and somehow, this refusal will not cancel that), which means you won't have to leave and head back to the US.

When you send hard copies by mail, even if it's registered mail, do a scan and submit them via case specific enquiry. This way, CIC already has an electronic copy of the document. I myself am always worried about normal post mail without any tracking. To think that all the important documents are sent this way (PR card, drivers license, credit cards, etc), Canada is really backwards compared to many other places.

 

[kimt487]

Yes in the states its 50 cents for a tracking number here it is about 20 dollars. I didn't even know what registered mail is, but now I know it is what we call "certified mail" in the states.

Sorry but I am confused you said I was not rejected by a lack of documents but the officer rejected my application due to the missing documents. Or did you mean something else?

 

[kimt487]

And thank you about Case Specific enquiry. Someone suggested PDF before but I have never made a PDF document so if I won't be able to get one done in a timely manner I will scan. We don't have a printer but I am shopping for one now- if I have to reapply looks like a lot more printing to be done. At least my mother in law won't have to have lose all her paper and ink when I used hers to print so many photos last time.

 

[canuck_in_uk]

I read about some people complaining to news agencies and getting their cases reopened. I considering doing the same or maybe go to the human rights tribunal.

My husband is saying we should just reapply again but I feel like I am being taken advantage of and CIC is just sweeping my complaint under the rug, just like many other unheard cries of people who had to go through the same thing.

Does anyone know of an American applying inland and actually was able to become a PR? Is it possible or am I just wasting my time?

Should my husband and I be separated for another however many months to finally get this thing going?

You don't have a case for going to the media or filing a human rights complaint. As IRCC stated in their email, the documents didn't arrive and you couldn't produce proof that you mailed them, so your app was rightly refused.

Your husband is right. Just apply again and this time submit an outland app.

Yes, many Americans have applied inland without issue.

There is no need and never was any need for you to be separated, even with an outland app. You can be in Canada while an outland app processes.

 

[cheng9999]

Yes in the states its 50 cents for a tracking number here it is about 20 dollars. I didn't even know what registered mail is, but now I know it is what we call "certified mail" in the states.

Sorry but I am confused you said I was not rejected by a lack of documents but the officer rejected my application due to the missing documents. Or did you mean something else?

In the eyes of CIC, you did not submit some requested documents, so they were lacking.

Printers are really cheap nowadays. You can get an inkjet, and print everything while the cartridges are new.

As for scanning, Android phones can use a free app called Office Lens. You can get very good quality "photocopies" this way. When you upload to case-specific-inquiry system, it does not have to be a PDF, but also a JPG (picture file). In fact, I failed uploading a PDF in the past, but a JPG was fine.

Good luck with your case. It's frustrating, and sometimes it boils down to luck. I was in a similar situation, CIC asked for documents via email, which my spouse never received because it was auto-deleted as SPAM mail. By the time I knew about it via GCMS notes, it was well over the 30 day limit to supply them. I was afraid that CIC would just close the file, so I immediately got that information completed, scanned and uploaded it via GCMS, and then sent out the hardcopy with tracking. Luckily, CIC did not close the file, and in fact acted on the file fairly soon after I uploaded the document. The crazy thing about CIC is that there's no viable channel of communication. It's almost a one-way thing. We are expected to listen and spring into action, while our communication to them appear to end up in a black hole.

 

[nartcr]

Btw nartcr thanks for the suggestion. In future correspondence I'm going to ask my husband to have more input since he is the sponsor. How were you able to post a link? My reply box stated that I am not allowed to post links. :

I know how frustrating it can be, to go through what you are going through now. Keep your spirits high, and never give up.

And regd your question:

Insert the link between [url"] <link> [/url"] ( Remove the " from URL bbcode. )
http://www.canadavisa.com/canada-immigration-discussion-board/family-class-sponsorship-b5.0/

or click on button ( with globe in it, 2 row - 3rd column )

 

[canadianwoman]

There is no use going to a human rights tribunal. Going to the media might result in action, but I would guess it would not, or it would take a lot of time. Usually when the government agrees to overturn a decision, it is for something much more egregious than this case.
If your MP cannot help you, I would just reapply. Apply outland this time. The time for outland processing can be very fast, faster than trying to go to the media and get anything resolved that way.
You can apply outland even when you are in Canada.

 

[profiler]

And thank you about Case Specific enquiry. Someone suggested PDF before but I have never made a PDF document so if I won't be able to get one done in a timely manner I will scan. We don't have a printer but I am shopping for one now- if I have to reapply looks like a lot more printing to be done. At least my mother in law won't have to have lose all her paper and ink when I used hers to print so many photos last time.

Creating PDF's is pretty easy, if you have a scanner and a computer at home. You can also get it done at Staples I think?

 

[kimt487]

My hopes are up knowing that I can possibly reapply outland if it comes to it, and still remain in Canada and be able to work with my current work permit. Thanks all so much for this.

Nara, did you also apply inland? Is GCMS a courier company? Unfortunately my husband sent the documents at a postal service at his work and we didn't think to send registered mail. I will be making sure we send electronically through Case Specific Inquiry next time as well as through registered mail with a tracking number. 30 days from the rejection letter means only 10 days from today..I really hope the MP replies early next week so I can get this going before the deadline if I need to contact the Federal Court of Canada.

We will get a scanner soon I will try to make a PDF right away once we do.

Thanks Nara and thanks Cheng and everyone who contributed to this post I will keep you all updated.

Thank you.

 

[canuck_in_uk]

I really hope the MP replies early next week so I can get this going before the deadline if I need to contact the Federal Court of Canada.

As much as you may not like it, your app was correctly refused under the law, so going the legal route will be a waste of time and money.

 

[Omegabyte]

My hopes are up knowing that I can possibly reapply outland if it comes to it, and still remain in Canada and be able to work with my current work permit. Thanks all so much for this.

Nara, did you also apply inland? Is GCMS a courier company? Unfortunately my husband sent the documents at a postal service at his work and we didn't think to send registered mail. I will be making sure we send electronically through Case Specific Inquiry next time as well as through registered mail with a tracking number. 30 days from the rejection letter means only 10 days from today..I really hope the MP replies early next week so I can get this going before the deadline if I need to contact the Federal Court of Canada.

We will get a scanner soon I will try to make a PDF right away once we do.

Thanks Nara and thanks Cheng and everyone who contributed to this post I will keep you all updated.

Thank you.

You don't need to go to court, and don't count on the MP fixing this. Just put together a Outland application. My wife and I had it done and submitted within a month.

GCMS stands for Global Case Management System. It's the system CIC uses to manage applications. You can order a copy of your GCMS "notes" through a CIC program called ATIP. Just google "GCMS ATIP". They usually send out a copy of all the notes on your file within 30 days.

Outland processing for US apps goes very quickly. So far, it's been 32 days to my wife/sponsor's approval (SA). Transfer to Ottawa VO (Visa Office for US Outland) a couple days later.

I'm "visiting" my wife now in Canada, and will continue to "visit" until I get PR. If needed, I'll get an extension on my visitor status. Probably won't need it. Many June Outland US apps are seeing DM and CoPR's in the mail. Less than the 4 months it takes to get the OWP through Inland.

Good Luck!!