Reasons for Rejection

[kateg]

If the CIC site says clearly that incomplete applications will be returned, then it applies to everyone.

Where does it say that?

The old instructions (OP-6) state: http://overseastudent.ca/migratetocanada/IMMGuide/CICManual/op/op06-eng.pdf

If ... the officer is unable to make a decision due to lack of information or documentation or there are doubts as to the legitimacy of the documents, the officer mayrequest in writing specific information or documentation to clarify, other than additional evidence of language proficiency for applications received on or after April 10, 2010; or consider a personal interview (Section 13.2).

There is a period of time to process your application. If you fail to meet the requirements, they may deny you. They may also request additional documents. They don't have to.

If you don't like that, submit a complete application with no problems.

 

[kateg]

Well if the same immigration rules can be interpreted in wildly different ways then I'm sorry because it gives room to a lot of abuse.

If the immigration rules have no interpretation at all, then they are just as abusable. It's much easier to cheat in a system when the rules are known. Discretion lets agents use their experience to be more effective.

In the same moment another applicant might get a rejection letter from CIC because of the missing passport copy. Tell me, is that fairness?

Yes. It's not consistent, but it's fair. So is the lottery.

 

[Dynonobel]

I cross the Canadian border many times a month to the states. I deal with the CBSA quite regularly. I have a Nexus (trusted traveller) card, and am on a first name basis with several of the agents.

Being nice makes a difference.

Part of it is efficiency - when I interact with officers, I treat them with deference and respect. I value protective tariffs, and the Canadian economy, so I declare everything. Always. I follow the rules, to the letter. Every minute they spend hassling me is a minute they aren't stopping actual criminals.

People who show disrespect are more likely to break the law, so they are more likely to get scrutinized for breaking the law. People try to bring in meat all the time (for example), and it's a threat to Canadian agriculture. I know this, I understand this, and I'm not going to break the rules. They know me, they know that I know the rules, and we all do our jobs.

If you think that a letter of explanation is BS, that's unfortunate. There's a reason they offer it. I'm a student, which means that (normally) I can't work full-time. I telecommute to another country, though, which means that I don't need a work permit and am able to legally do so. This is odd, which requires a letter of explanation. Without it, the officer might decide that I look weird and want to investigate further. A letter of explanation helps avoid that issue.

Kateg, so many great points in your last 5 posts I want to quote them all! I couldn't agree more. I'm happy to see that I'm not the only one that sees things in this way.

 

[I_love_van]

Hi guys, I browsed the CIC website for the documents requirements, and found the following paragraph regarding the proof of studies:

Proof of Studies:

Purpose

To confirm education claims and validate that the applicant meets program requirements

Document requirements

To receive program-specific points for education, the applicant must either provide proof of having completed a Canadian secondary or post-secondary educational program; or obtain an Educational Credential Assessment (ECA) and provide the ECA reference number in their application, along with proof of the foreign educational credentials for which points are being claimed.

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.

Where an ECA has been obtained, the applicant must provide the ECA reference number in their e-APR for online validation directly with the issuing organization.

A scanned copy of the ECA is not required when submitting the e-APR but may be requested by CIC at a later date.

My question is: I have completed bachelor degree in my home country, and has already done the ECA for the degree, do I still need to provide secondary education document? I am afraid that I have lost that documents.

 

[sam_172452]

Hi guys, I browsed the CIC website for the documents requirements, and found the following paragraph regarding the proof of studies:

Proof of Studies:

Purpose

To confirm education claims and validate that the applicant meets program requirements

Document requirements

To receive program-specific points for education, the applicant must either provide proof of having completed a Canadian secondary or post-secondary educational program; or obtain an Educational Credential Assessment (ECA) and provide the ECA reference number in their application, along with proof of the foreign educational credentials for which points are being claimed.

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.

Where an ECA has been obtained, the applicant must provide the ECA reference number in their e-APR for online validation directly with the issuing organization.

A scanned copy of the ECA is not required when submitting the e-APR but may be requested by CIC at a later date.

My question is: I have completed bachelor degree in my home country, and has already done the ECA for the degree, do I still need to provide secondary education document? I am afraid that I have lost that documents.

If by secondary they mean highschool degrees then i dont think so. i have not been asked to submit that when i got to my upload page. It only asked me for my post-secondary degrees such as Bachelors, pHD or Masters.

 

[Dynonobel]

My question is: I have completed bachelor degree in my home country, and has already done the ECA for the degree, do I still need to provide secondary education document? I am afraid that I have lost that documents.

In the quoted paragraph the word secondary refers to "secondary school" or "high school". I've never heard of anyone that has been asked to include their secondary school diploma/certificate, or at least it is not common.

You will have to include your Bachelor Degree along with your ECA. We have seen cases that have been rejected for failing to do so.

 

[sam_172452]

Hi all, my PR application was submitted on 24 March and cancelled on 5 June due to not including traffic history from Australia (I am from Ireland but spent some years in Australia). I checked the requirement for Ireland PCC but did not check into the link for the Australian PCC which required a traffic history report. I have seen at least two other people on the forum who have been rejected for the same reason. So a heads up to check country requirements specifically for each country that you have lived in. The irony is that I already had the document (you need to provide it to get a drivers licence here, so I had got it before). I submitted a CSE with the doc on 5 June but not holding out any hope whatsoever on this.
As my work permit expired on 15 April (and I am awaiting my BOWP permit to be rejected any day now) then it is looking like I will now have to leave the country. The company I work for are going to try and get a C10 visa this week but appear to be only 50-50 hopeful on this coming through. We cannot afford to try again and wait 3-4 months without working for another PR app. So after 2.5 years working here, with a permanent job (also my spouse is here attached to my work permit, also with a permanent job), we are gearing up to be leaving shortly. It is pretty harsh that due to missing one document that we have to leave our jobs, pack up and leave. And before anyone comments back "THEY ARE THE RULES", don't bother, as I have come to know this the hard way. My only consolation is that from following all the postings on here, there are a lot of people less fortunate than I am (as I can return to Ireland or Australia), and my heart goes out to anyone who makes a similar error but has to return to their home country to a perhaps not a good place, which must be devastating after creating a new life here.
Anyways, best of luck everyone !

I wish you the best of luck. I hope things end up going well for you

 

[colorblind]

@kateg

FYI

Incomplete applications
If an application is found to be incomplete, the processing office must reject the application, as follows:

promote and then “cancel” the application in GCMS, with the application status reason listed as “incomplete application”;
in GCMS, note the reason(s) for having rejected the application; and
refund all fees associated with the application (i.e., the cost recovery fee and the Right of Permanent Residence Fee, as applicable).
When an application is rejected as incomplete, the applicant must submit a new Express Entry profile in their MyCIC account to be considered for any future draws.


this is from here http://www.cic.gc.ca/english/resources/tools/perm/express/intake-complete.asp


and I have never said that writing an explanation letter is BS. Please stop drilling into that politeness thing. Being polite, trying to be eloquent and professional -OF COURSE! - you are writing to someone who is dealing with your future.

 

[sam_172452]

Just read on the forum that someone got rejected after a 4 months wait due to LMIA expiring a few months after the PR application was submitted.

 

[katja2684]

If the immigration rules have no interpretation at all, then they are just as abusable. It's much easier to cheat in a system when the rules are known. Discretion lets agents use their experience to be more effective.

Yes. It's not consistent, but it's fair. So is the lottery.

I would hardly consider a system fair as long as it allows making 2 totally opposite decisions based on the same rule. A joke, yes, but fair...by no means.
In the lottery pure luck is the decision maker, this has nothing to do with the situation we are discussing. Unless you compare the reasoning of the CIC agents to dumb luck.

 

[specialmary]

I wonder if we need to include the number of holidays taken during an employment period. I have an exactly one year of work experience in a job code. Do taking holidays make my experience less than one year? Any application gets rejected because of this issue?

 

[kryt0n]

I've read somewhere they consider 2 weeks in a year to be a fair time for holiday during that 1 year of experience. I guess if you add it all up and it comes to +3 weeks then they might not be too pleased with it.

Don't alter your travel info if you have gone to a different country to cover this up though - they can check that and a misrepresentation case may face you.

 

[kryt0n]

FYI I have heard from a friend who was rejected for the following reason:

Although getting a LMIA for 2 years (before the rules changed) for a full time position which she is still doing, the PR was rejected as CIC decided her job sounded more 'seasonal' than 'full time'.

yes, a full job offer and letter was provided. Yes, T4's were submitted. She still has another year with a valid LMIA still in place so will apply again on the next draw.

This time she intends to provide a breakdown of all her hours and maybe another letter from the company director.

Not sure it is fair that CIC decided something contradictory that the Labour Market spent months deciding.

 

[Dynonobel]

Just read on the forum that someone got rejected after a 4 months wait due to LMIA expiring a few months after the PR application was submitted.

Can you provide a link to that discussion? I'm interested in learning more.

FYI I have heard from a friend who was rejected for the following reason:

Although getting a LMIA for 2 years (before the rules changed) for a full time position which she is still doing, the PR was rejected as CIC decided her job sounded more 'seasonal' than 'full time'.

yes, a full job offer and letter was provided. Yes, T4's were submitted. She still has another year with a valid LMIA still in place so will apply again on the next draw.

This time she intends to provide a breakdown of all her hours and maybe another letter from the company director.

Not sure it is fair that CIC decided something contradictory that the Labour Market spent months deciding.

On what basis did CIC decide the job was seasonal? they must have had some reason (valid or not) for coming to that conclusion. Does she work the same hours 12 months out of the year?

 

[kryt0n]

On what basis did CIC decide the job was seasonal? they must have had some reason (valid or not) for coming to that conclusion. Does she work the same hours 12 months out of the year?

Yes, always the same hours (at LEAST 40 a week) and the same days a week. She is the supervisor of 2 retail stores which are open all year. So far this is the only reason she has been given, so will include more details about her hours in the next application.