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PR Application rejected. Treated unreasonable/unfairly by CIC

mohsinalam88

Member
Oct 15, 2016
13
0
I believe I have been treated unreasonable/unfairly by Citizenship And Immigration Canada (CIC) and I would like to get myself noticed. Clearly their phone and complaint service is useless.

Today my PR application has been rejected because they claim I submitted an incomplete application. CIC says that I did not submit a police clearance from Bangladesh where I lived for more than 6 months(all trips added together) after I became 18 years old. Which is correct according to their current instructions as I did live in Bangladesh for more than 6 months if I add up all my vacations. But they changed their instructions recently and it wasn't the same before when I applied. Luckily I have proof, I have their old instructions saved in a text file and the file has proper time-stamp.

OLD INSTRUCTIONS
"You must provide a police certificate for every country, region or territory, other than Canada, where you lived for six months or more since you turned 18. A police certificate is a copy of your criminal record, or a document that confirms you do not have a criminal record."


NEW INSTRUCTIONS
"You must provide a police certificate for every country, region or territory, other than Canada, in which you have spent 6 months or more. A police certificate is a copy of your criminal record, or a declaration of the absence of any criminal record.
Example: If you visited, worked or lived in a country for two months, left for a few years, then returned for four months, that counts as spending six months there. In this case, you would need a certificate."


As per the old instructions, they never mentioned I have to add up all my vacations.
If they change their documents criteria, they should see what the criteria was at the time I applied, not what it is at the time they review it.

THIS IS NOT FAIR!!!
I have been eligible to apply for PR since Sep 2014 and I still don't have PR. I was already rejected once because they exceeded their yearly quota.
 

kryt0n

VIP Member
Sep 30, 2014
5,422
274
NOC Code......
2172
AOR Received.
16-03-2017
Passport Req..
11-07-2017
Im sorry to hear this. Those requirements changed in Jan 2015 I believe. When did you submit your application this time? How long ago?
 

mohsinalam88

Member
Oct 15, 2016
13
0
kryt0n said:
Im sorry to hear this. Those requirements changed in Jan 2015 I believe. When did you submit your application this time? How long ago?
I submitted my application in October 2016. And I got the rejection message yesterday.
I have no problem providing them with PCC from Bangladesh. All I am saying is they should not have rejected my application, instead they could have asked me for the PCC.

It just does not make sense if they change the document criteria after I applied and follow the new criteria for my application.
 

kryt0n

VIP Member
Sep 30, 2014
5,422
274
NOC Code......
2172
AOR Received.
16-03-2017
Passport Req..
11-07-2017
mohsinalam88 said:
I submitted my application in October 2016. And I got the rejection message yesterday.
I have no problem providing them with PCC from Bangladesh. All I am saying is they should not have rejected my application, instead they could have asked me for the PCC.

It just does not make sense if they change the document criteria after I applied and follow the new criteria for my application.
The requirement for a PCC for the 6 month total non continuous was definitely in place in October. In this instance you have simply not followed instructions at the time of submission. Sorry.
 

kryt0n

VIP Member
Sep 30, 2014
5,422
274
NOC Code......
2172
AOR Received.
16-03-2017
Passport Req..
11-07-2017
In addition providing you submitted under EE in the document upload checklist the little blue information button on the police certificate section includes those instructions. Sorry.
 

Batman_is_Real

Hero Member
Dec 15, 2016
697
71
Toronto
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2174
Job Offer........
Pre-Assessed..
mohsinalam88 said:
I submitted my application in October 2016. And I got the rejection message yesterday.
I have no problem providing them with PCC from Bangladesh. All I am saying is they should not have rejected my application, instead they could have asked me for the PCC.

It just does not make sense if they change the document criteria after I applied and follow the new criteria for my application.
You are not treated unfairly as for two reasons.

1. Those new instruction have been in place for quite long now.
2. PCC is one of the mandatory documents for which CIC usually rejects the application instead of sending document request.

Your only option is to raise CSE with PCC you missed and request if they can re consider your application. Good luck.
 

scylla

VIP Member
Jun 8, 2010
95,840
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Toronto
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19-08-2010
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28-06-2010
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05-10-2010
LANDED..........
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Batman_is_Real said:
You are not treated unfairly as for two reasons.

1. Those new instruction have been in place for quite long now.
2. PCC is one of the mandatory documents for which CIC usually rejects the application instead of sending document request.

Your only option is to raise CSE with PCC you missed and request if they can re consider your application. Good luck.
Agreed - unfortunately the mistake was yours. It's definitely worth a shot to request reconsideration. It's possible they might re-open your file.
 

andremarques19751

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Aug 31, 2016
288
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21-09-2016
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Med's Done....
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mohsinalam88 said:
I believe I have been treated unreasonable/unfairly by Citizenship And Immigration Canada (CIC) and I would like to get myself noticed. Clearly their phone and complaint service is useless.

Today my PR application has been rejected because they claim I submitted an incomplete application. CIC says that I did not submit a police clearance from Bangladesh where I lived for more than 6 months(all trips added together) after I became 18 years old. Which is correct according to their current instructions as I did live in Bangladesh for more than 6 months if I add up all my vacations. But they changed their instructions recently and it wasn't the same before when I applied. Luckily I have proof, I have their old instructions saved in a text file and the file has proper time-stamp.

OLD INSTRUCTIONS
"You must provide a police certificate for every country, region or territory, other than Canada, where you lived for six months or more since you turned 18. A police certificate is a copy of your criminal record, or a document that confirms you do not have a criminal record."


NEW INSTRUCTIONS
"You must provide a police certificate for every country, region or territory, other than Canada, in which you have spent 6 months or more. A police certificate is a copy of your criminal record, or a declaration of the absence of any criminal record.
Example: If you visited, worked or lived in a country for two months, left for a few years, then returned for four months, that counts as spending six months there. In this case, you would need a certificate."


As per the old instructions, they never mentioned I have to add up all my vacations.
If they change their documents criteria, they should see what the criteria was at the time I applied, not what it is at the time they review it.

THIS IS NOT FAIR!!!
I have been eligible to apply for PR since Sep 2014 and I still don't have PR. I was already rejected once because they exceeded their yearly quota.
Hey man, I can fell your pain and I have been there. I would raise a CSE but I don't see much hope there. Get your docs, wait for another ITA, submit again and you will be good. Good luck!
 

mohsinalam88

Member
Oct 15, 2016
13
0
kryt0n said:
In addition providing you submitted under EE in the document upload checklist the little blue information button on the police certificate section includes those instructions. Sorry.
Yes, I am aware of those blue notes with instructions. I read them for sure. This is what it said exactly at the time I applied

"You must provide a police certificate for every country, region or territory, other than Canada, where you lived for six months or more since you turned 18. A police certificate is a copy of your criminal record, or a document that confirms you do not have a criminal record.

Police certificates are different in each country and territory. They may be called police clearance certificates, good conduct certificates, judicial record extracts, etc. They are issued by police authorities or government departments. We use them to determine if a person is admissible to Canada.

Certain countries will not issue a police certificate or will not provide the certificate directly to you. If you cannot get one for this reason, please provide a letter of explanation.
We will tell you if you need a police certificate for Canada."

I feel like the information was not clear enough. The instructions never mentioned about adding up my vacations.
Now the instruction is very clear with a good example.
 

bestofluck

VIP Member
Aug 11, 2015
6,398
295
LANDED..........
10th June 2017
mohsinalam88 said:
I believe I have been treated unreasonable/unfairly by Citizenship And Immigration Canada (CIC) and I would like to get myself noticed. Clearly their phone and complaint service is useless.

Today my PR application has been rejected because they claim I submitted an incomplete application. CIC says that I did not submit a police clearance from Bangladesh where I lived for more than 6 months(all trips added together) after I became 18 years old. Which is correct according to their current instructions as I did live in Bangladesh for more than 6 months if I add up all my vacations. But they changed their instructions recently and it wasn't the same before when I applied. Luckily I have proof, I have their old instructions saved in a text file and the file has proper time-stamp.

OLD INSTRUCTIONS
"You must provide a police certificate for every country, region or territory, other than Canada, where you lived for six months or more since you turned 18. A police certificate is a copy of your criminal record, or a document that confirms you do not have a criminal record."


NEW INSTRUCTIONS
"You must provide a police certificate for every country, region or territory, other than Canada, in which you have spent 6 months or more. A police certificate is a copy of your criminal record, or a declaration of the absence of any criminal record.
Example: If you visited, worked or lived in a country for two months, left for a few years, then returned for four months, that counts as spending six months there. In this case, you would need a certificate."


As per the old instructions, they never mentioned I have to add up all my vacations.
If they change their documents criteria, they should see what the criteria was at the time I applied, not what it is at the time they review it.

THIS IS NOT FAIR!!!
I have been eligible to apply for PR since Sep 2014 and I still don't have PR. I was already rejected once because they exceeded their yearly quota.
Both the instructions are same. They just added an example in the later because they wanted to be more specific after many applications were rejected because of misunderstanding. They changed the word lived to spent is more or less same
 

kryt0n

VIP Member
Sep 30, 2014
5,422
274
NOC Code......
2172
AOR Received.
16-03-2017
Passport Req..
11-07-2017
mohsinalam88 said:
Yes, I am aware of those blue notes with instructions. I read them for sure. This is what it said exactly at the time I applied

"You must provide a police certificate for every country, region or territory, other than Canada, where you lived for six months or more since you turned 18. A police certificate is a copy of your criminal record, or a document that confirms you do not have a criminal record.

Police certificates are different in each country and territory. They may be called police clearance certificates, good conduct certificates, judicial record extracts, etc. They are issued by police authorities or government departments. We use them to determine if a person is admissible to Canada.

Certain countries will not issue a police certificate or will not provide the certificate directly to you. If you cannot get one for this reason, please provide a letter of explanation.
We will tell you if you need a police certificate for Canada."

I feel like the information was not clear enough. The instructions never mentioned about adding up my vacations.
Now the instruction is very clear with a good example.
Indeed. It didn't say lived 6 months continuously, just lived 6 months or more. Sorry, but the info is there.

Just suck it up and try again. We are here to help make things clearer.
 

mohsinalam88

Member
Oct 15, 2016
13
0
andremarques19751 said:
Hey man, I can fell your pain and I have been there. I would raise a CSE but I don't see much hope there. Get your docs, wait for another ITA, submit again and you will be good. Good luck!
Yup, that what I am going to try. If not I will just start over and be even more careful this time. Maybe even hire a lawyer. Dont want to take any chances.
Thanks
 

mohsinalam88

Member
Oct 15, 2016
13
0
bestofluck said:
Both the instructions are same. They just added an example in the later because they wanted to be more specific after many applications were rejected because of misunderstanding. They changed the word lived to spent is more or less same
Agree. I wish it was as clear as it is now. I will just start over.
Thanks
 

mohsinalam88

Member
Oct 15, 2016
13
0
kryt0n said:
Indeed. It didn't say lived 6 months continuously, just lived 6 months or more. Sorry, but the info is there.

Just suck it up and try again. We are here to help make things clearer.
Thanks for all the info. Yes, I will just start over now.
 

bestofluck

VIP Member
Aug 11, 2015
6,398
295
LANDED..........
10th June 2017
mohsinalam88 said:
Agree. I wish it was as clear as it is now. I will just start over.
Thanks
Good luck this time. ;)

Don't curse IRCC. Next time you might get PPR in a month when others are still waiting.