I need Some help / ITA canceled

[RenanFM]

Hi,

I got my ITA a couple of months ago, everything was going as planned. Due to the COVID there was a message on their website saying that they would not refuse applications missing documents due to the COVID and at that point, I didn't think that I was missing anything since most of the documents were the same needed for my PGWP.
Anyways, after a couple of months, my lawyer received a letter saying that my invite was cancelled due to a document missing, and the document missing was my Diploma. The issue is that I never received my diploma and never actually needed since Humber always provided the transcripts and all legal documents that prove that I have my diploma and that I completed the program, even for my PGWP I applied with the same documents, and if there was any doubt about it I would never have my PGWP approved to begging with it.

So, since they stated that applications missing documents would be accepted we thought that if is there anything missing they will request it... But that never happened, in fact, my whole application was not even fully reviewed. So, I did the impossible and got Humber to print my diploma in less than 1 week and send it to me, after 5 years, of course, that it would never happen if I haven't threatened to sue them. So with all that in hands, I called CIC and told them all my case, the lady on the phone said that indeed the only thing missing was the diploma itself and after taking a look on their own website she confirmed that in fact applications missing documents would be accepted and was strange not receive any request to provide extra documents, so she told me to ask my lawyer to send an appeal letter with all documents attached, proofs that I could not get my diploma faster due the covid, proofs that I have been asking for my diploma to Humber all those years with no success and mention that missing documents applications would be accepted and for that reason, we would like to attach the missing document.

Well, they did not just ignore all that but they again didn't perform a full review of my case and decided to keep the decision that the first agent had, although another agent at CIC confirmed to me that was just that paper missing.

My problem is that in this meantime I turned 33 so even going back to the pool my score is lower than before so my only option is to have them honoring their own recommendations and at least provide a fair review of my case.

Has anybody here had a similar issue? What are the options I have to escalate my case since I followed every single recommendation from them? Does anybody know why they ignored all the other legal documents that prove my graduation since it was exactly the same I sent to them when I got my PGWP (that would never be approved if I could not prove my graduation from my course)?

I'm just desperate because one officer that decided to not review my case properly, my whole life here in Canada is at risk to be ruined.

Pls, I will really appreciate any help at this point, my lawyer seems to have no idea what to do, and that makes things even worse for me.

Thank you and sorry for the long text.

 

[NOC98]

I’m sorry to hear about your situation. However, the IRCC requirements are clear for Canadian educationyou have to provide a diploma.

Once IRCC received your application, they’ll do a completeness check first, make sure you provided all the required documents. If anything is missing, they can reject it right away without any additional request. The onus is on the applicant to provide a complete documentation in the first place. If there are documents you can’t provide due to covid, you have to provide an LOE to say that you can’t provide a document because of COVID. You said you have lawyer, did they help you file your application? They should have caught this in the first place.

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/permanent-residence/express-entry/applications-received-on-after-january-1-2016-completeness-check.html

• Proof of completed Canadian or foreign educational credentials can include copies of
  • secondary or post-secondary education documents (certificates, diplomas or degrees); and
  • transcripts for successfully completed secondary or post-secondary studies, if available.

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/service-delivery/coronavirus/permanent-residence.html

If a new application is missing supporting documentation (associated fees are required), the applicant should include an explanation with their application that they are affected by the service disruptions as a result of the novel coronavirus. The application may then be promoted and reviewed in 90 days.

 

[RenanFM]

I’m sorry to hear about your situation. However, the IRCC requirements are clear for Canadian education you have to provide a diploma.

Once IRCC received your application, they’ll do a completeness check first, make sure you provided all the required documents. If anything is missing, they can reject it right away without any additional request. The onus is on the applicant to provide complete documentation in the first place. If there are documents you can’t provide due to covid, you have to provide an LOE to say that you can’t provide a document because of COVID. You said you have a lawyer, did they help you file your application? They should have caught this in the first place.

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/permanent-residence/express-entry/applications-received-on-after-january-1-2016-completeness-check.html

• Proof of completed Canadian or foreign educational credentials can include copies of
  • secondary or post-secondary education documents (certificates, diplomas or degrees); and
  • transcripts for successfully completed secondary or post-secondary studies, if available.

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/service-delivery/coronavirus/permanent-residence.html

If a new application is missing supporting documentation (associated fees are required), the applicant should include an explanation with their application that they are affected by the service disruptions as a result of the novel coronavirus. The application may then be promoted and reviewed in 90 days.

Thank you for replying.

The problem is here:

"transcripts for successfully completed secondary or post-secondary studies, if available."

We provided all transcripts and documents from Humber, everything, exactly the same documents used to prove it when I applied for my PGWP, even calling Humber they confirmed that those were all legal documents that prove that I finished and completed the course. The only thing missing apparently was the Diploma paper, the one that you hang on your wall. I can't understand how comes that my transcripts were good enough to get my PGWP but now they didn't accept the same documents.
The whole application was done by the lawyer. He also appealed the decision but with no success.

Humber didn't manage to deliver my Diploma for almost 5 years, I had contacted them many times... Since that paper was never necessary for any Visa application after I finished the course I didn't look for it anymore.

Also is really strange that they didn't even look at the rest of the documents provided, at this point, I don't even know if they look all my transcription papers.

I don't know why they treat immigrants like that, I came to this country legally, I pay all my taxes, I completed my education here and did everything the right way, and now I'm not worth enough to even get my application properly reviewed.... That hurts. I hope they know that the laziness of the agent to review all my papers has probably ruined my stay here, after 8 years. I just turned 33 so even reapplying now I already lost 6 points so my score is not very promising.

I used to disagree with people complaining about the immigration process until I actually had to pass through, I can't blame the ones who decide to live here illegally, they give those people no choice.

My lawyer said that he already has my name back on the pool... But God knows when they gonna call again.

At this moment I'm looking for ways to appeal to those decisions, going to court helps? Is there any institution that can help me with that? Anything at this point is welcome, to be honest. I can't find the CIC address to go there in person, if you know and could share with me I'll really appreciate it.

Thanks again for replying.

 

[EscoBlades]

An appeal would be a waste of money, and they won’t rule in your favor. The fault lies with you here, not the agent. They did their job based on the regulations they are bound by.

You are better off waiting for a new ITA since you are back in the pool. And be sure you include the diploma document next time, along with any other required documents. Best of luck

 

[RenanFM]

An appeal would be a waste of money, and they won’t rule in your favor. The fault lies with you here, not the agent. They did their job based on the regulations they are bound by.

You are better off waiting for a new ITA since you are back in the pool. And be sure you include the diploma document next time, along with any other required documents. Best of luck

As I said, I provided the documents. It says there:

Proof of completed Canadian or foreign educational credentials can include copies of

• secondary or post-secondary education documents (certificates, diplomas or degrees); and
• transcripts for successfully completed secondary or post-secondary studies, if available.

So that's my issue here, I did provide all transcripts, everything from Humber, just like it says in there.

 

[EscoBlades]

You literally posted it right there:

secondary or post-secondary education documents (certificates, diplomas or degrees);

Even those of us with foreign credentials that need to get an ECA, are required to include our degree certificates and/or diplomas, regardless of inclusion of transcripts.

Anyway it is your application, and money. You can choose to do what you want. You asked for help here and two of us have given you the reality of the situation. I’m sorry you have to deal with this but consider it a lesson learned. And you can easily salvage it.

 

[NOC98]

With your Canadian diploma and Canadian work experience, I’m sure you have a great score to get invited the next round?

 

[RenanFM]

You literally posted it right there:

secondary or post-secondary education documents (certificates, diplomas or degrees);

Even those of us with foreign credentials that need to get an ECA, are required to include our degree certificates and/or diplomas, regardless of inclusion of transcripts.

Anyway it is your application, and money. You can choose to do what you want. You asked for help here and two of us have given you the reality of the situation. I’m sorry you have to deal with this but consider it a lesson learned. And you can easily salvage it.

I totally appreciate your help, don't take me wrong, I'll bring all this information to my lawyer as well and I thank you for that.

My only concern is that it says there clearly that "...can include copies of (certificates, diplomas or degrees)..." and it says right after "...and transcripts for successfully completed secondary or post-secondary studies, if available..." So it's clear that the Diploma is not the only document accepted as proof of education. My problem is that we are pointing that out and they are just ignoring, and it's their own criteria published on their website.

 

[RenanFM]

With your Canadian diploma and Canadian work experience, I’m sure you have a great score to get invited the next round?

I wish I had, because of the time passing my work experience, some of it, has expired and the age also plays a big role in here. When I got invited I had 458, now that I'm 33 went down to 452.

 

[thomas3456]

I wish I had, because of the time passing my work experience, some of it, has expired and the age also plays a big role in here. When I got invited I had 458, now that I'm 33 went down to 452.

I think you should not listen to people but appeal. say due to covid you couldn't get it. as simple as that..

dont argue with cic right now.. just explaination letter and request reconsideration but this time make sure to attach everything they need.. all the best

 

[scylla]

Thank you for replying.

The problem is here:

"transcripts for successfully completed secondary or post-secondary studies, if available."

We provided all transcripts and documents from Humber, everything, exactly the same documents used to prove it when I applied for my PGWP, even calling Humber they confirmed that those were all legal documents that prove that I finished and completed the course. The only thing missing apparently was the Diploma paper, the one that you hang on your wall. I can't understand how comes that my transcripts were good enough to get my PGWP but now they didn't accept the same documents.
The whole application was done by the lawyer. He also appealed the decision but with no success.

Humber didn't manage to deliver my Diploma for almost 5 years, I had contacted them many times... Since that paper was never necessary for any Visa application after I finished the course I didn't look for it anymore.

Also is really strange that they didn't even look at the rest of the documents provided, at this point, I don't even know if they look all my transcription papers.

I don't know why they treat immigrants like that, I came to this country legally, I pay all my taxes, I completed my education here and did everything the right way, and now I'm not worth enough to even get my application properly reviewed.... That hurts. I hope they know that the laziness of the agent to review all my papers has probably ruined my stay here, after 8 years. I just turned 33 so even reapplying now I already lost 6 points so my score is not very promising.

I used to disagree with people complaining about the immigration process until I actually had to pass through, I can't blame the ones who decide to live here illegally, they give those people no choice.

My lawyer said that he already has my name back on the pool... But God knows when they gonna call again.

At this moment I'm looking for ways to appeal to those decisions, going to court helps? Is there any institution that can help me with that? Anything at this point is welcome, to be honest. I can't find the CIC address to go there in person, if you know and could share with me I'll really appreciate it.

Thanks again for replying.

There is no IRCC address where you can go in person. The building does not allow in person visits for security reasons. You won't get past the front door. In terms of communicating with an IRCC officer, the most you can do is submit a case specific inquiry and request reconsideration.

You can formally appeal if you feel strongly about this. You will need to hire a lawyer at your own cost if you want to appeal. As others have said, no guarantee this will turn out in your favour. Also, while you are going through the appeal process, you can't submit a second application (you can only have one application in process at a time).

I agree with the advice to re-enter the pool and get another ITA. Can you increase your language test scores to make up for the 6 points you have lost?

 

[scylla]

I wish I had, because of the time passing my work experience, some of it, has expired and the age also plays a big role in here. When I got invited I had 458, now that I'm 33 went down to 452.

Ah - you got selected under the lower CEC scores.

In that case I would start with a request for reconsideration. If that is negative, then you can go the appeal route if that's what you still want to do.

Good luck.

 

[Liliem]

The pointed out the 2 bullet points of "Proof of completed Canadian or foreign educational credentials" are connected "AND" as you can see it, which means you need to submit both documents as required. I submitted both to follow this direction. if it says "OR", it usually require either documents. I wish your lawyer could advice and ask you this document before you submit.
For incomplete application, I assume that you needed to mention and attached LOE when you submitted along with all other documents to explain why the document is not in your submitted documents, then you can protect your application from rejection of incompleteness as someone said here already.
I know it will be tough to back to pool again but you might consider to increase your score by other sections like language score or so on.
I hope you could make your best decision on this.