EE application rejected 07/01/2016

[jo4977]

Hii...

We got invitation to apply on 02/October/2015...my wife is the primary applicant and myself as spouse...we are applying under cec category..my wife was in canada and myself in India when we got invitation ..I got my pcc on oct 08 and travelled to canada on nov 11 for a short trip to visit my wife..we submitted our application on nov 27 and I returned back to to India on dec 29..in my application i had given my current address as our canada address as I was then in canada when submitting the application....now that our application was rejected by stating the following:

Your application is rejected for being incomplete

Specifically, your application does not include the following elements:
- Police Certificate:
o The Police certificate from India for your spouse was issued prior to his last
residence in that country. The Police certificate was issued on October 8, 2015. His last residence in this country was November 11, 2015.

We including our lawyer never considered such an issue.
Plz give valuable comments to reopen the file or whether I should proceed with a new profle and wait for invitation.

 

[cjs]

I think you ll need to file CSE that you are back in India and it was a short trip to Canada to your wife. At the time of filing application your address was given for Canada.
Try convincing them, may be they ll re-open your case.

 

[thatguy56]

The ways Police Certificate work is that whenever you visit the country of which you have gotten a PCC from, you will have to get the latest one.

For example : I stayed in France for more than 6 months and then I left. I had to get a Police Certificate from France. Now this police certificate is valid only until I set foot in France again. When I do so, I will have to get a new Police Certificate.

So in your case, you got a PCC from India in October and left India for Canada. Then you returned back to India in November which means you should have gotten a new PCC and sent it to them as your older PCC was now void.

Does that help?

 

[One_Topsy]

So he should get a new PCC and raise CSE?

 

[thatguy56]

Yes, he should get the latest police certificate and raise a CSE with it and include a polite LOE and hope they decide to re open his file.

 

[cjs]

May be he would have given the India Address in application, that would have saved him.
I think new PCC and address change should be explained in CSE with clearly mentioning the fact that they were not aware that PCC works the way as it is. be very humble in your writing. If lucky you ll get it re-opened.

Other senior members might be having better opinions to this.

 

[chaitanyaprsd1]

Hii...

We got invitation to apply on 02/October/2015...my wife is the primary applicant and myself as spouse...we are applying under cec category..my wife was in canada and myself in India when we got invitation ..I got my pcc on oct 08 and travelled to canada on nov 11 for a short trip to visit my wife..we submitted our application on nov 27 and I returned back to to India on dec 29..in my application i had given my current address as our canada address as I was then in canada when submitting the application....now that our application was rejected by stating the following:

Your application is rejected for being incomplete

Specifically, your application does not include the following elements:
- Police Certificate:
o The Police certificate from India for your spouse was issued prior to his last
residence in that country. The Police certificate was issued on October 8, 2015. His last residence in this country was November 11, 2015.

We including our lawyer never considered such an issue.
Plz give valuable comments to reopen the file or whether I should proceed with a new profle and wait for invitation.

As you mentioned your current address at the time of application is in Canada, CIC expects a PCC obtained after Nov 11. If the application have had your Indian address, then the PCC what you have submitted could have met the requirements.

Write a letter (CSE) to CIC explaining that you did not move to Canada but went on a holiday trip. I hope thy will re-open your file. Wish you good luck.

 

[kiran_6sb]

Guys quick question ..I m living in canada since 4 years and I have submitted my Indian PCC dated April 2015 and I have never visited India since 2014 .

My AOR date is Aug 10 2015 ,but the problem is I had to visit India in last november for 3 weeks .

Is it going to have any issue like this ?Do i need to get a new PCC ? Im worried now

 

[ntwkengg]

Guys quick question ..I m living in canada since 4 years and I have submitted my Indian PCC dated April 2015 and I have never visited India since 2014 .

My AOR date is Aug 10 2015 ,but the problem is I had to visit India in last november for 3 weeks .

Is it going to have any issue like this ?Do i need to get a new PCC ? Im worried now

could be. as according to them you visited 3 weeks as you mentioned in your personal history so they do not have any record for those 3 weeks when they do criminal record check so they may request additional pcc doc from you or may reject you or it may be ok.

so safer side get a new one a raise a cse.

 

[Asivad Anac]

Guys quick question ..I m living in canada since 4 years and I have submitted my Indian PCC dated April 2015 and I have never visited India since 2014 .

My AOR date is Aug 10 2015 ,but the problem is I had to visit India in last november for 3 weeks .

Is it going to have any issue like this ?Do i need to get a new PCC ? Im worried now

If you've never visited India since 2014, does 'last' November indicate 2015 or 2014? Whatever it may be, any visit after your AOR doesn't matter to your PR application.

 

[kiran_6sb]

It was november 2015 ( After I got the AOR ) ..My heart just skipped a beat to get a new PCC ..Thanks Asivad...

Are you sure about it or do I need run right away to apply PCC.

Thanks +1 to you

 

[ybjianada]

Hypothetical question: suppose he has not filed a PR application yet, and suppose in the past 4 years he did not return to India and live there for more than 6 months (which is what he is implying), there should still not be any problems about his April 2015 PCC, right?

'For countries in which the applicant no longer resides, the PC must have been issued later than the departure date of the last time the client resided in that country for more than six months.'

If you've never visited India since 2014, does 'last' November indicate 2015 or 2014? Whatever it may be, any visit after your AOR doesn't matter to your PR application.

 

[kiran_6sb]

Just called CIC call centre ,they told me that it should be fine , if they need a new PCC for visit after AOR , they are going to contact us to provide a new one ..Feeling better now !!

 

[Asivad Anac]

Hypothetical question: suppose he has not filed a PR application yet, and suppose in the past 4 years he did not return to India and live there for more than 6 months (which is what he is implying), there should still not be any problems about his April 2015 PCC, right?

'For countries in which the applicant no longer resides, the PC must have been issued later than the departure date of the last time the client resided in that country for more than six months.'

That was the confusion in early days of EE. Based on member comments and refusals in the recent past, it appears that PCC is valid indefinitely only if one never visits that country (even for a day) after getting PCC.

 

[ybjianada]

But is that not contradicting the precise words of the CIC instructions?

I ask because my situation is this: I am now living in Singapore and my country of nationality is China. I left China in 2012 for Singapore, and went back only once -- the visit was between Oct 5 and Oct 19, 2015. My China PC was dated Oct 12, 2015.

Will be submitting my application this month. Any problems with my China PC? Should I rush to get a new one?

That was the confusion in early days of EE. Based on member comments and refusals in the recent past, it appears that PCC is valid indefinitely only if one never visits that country (even for a day) after getting PCC.