reconsideration request for pr refusal

[Arsh g]

You must lawyer up. If moving to Canada is something you really want it is worth it. People go to insane extents, to lawyer-up is just protocol - nothing out of the ordinary. Money comes and goes.

thank you for your reply . Do you have any idea about how long will it to send me an email confirming that they have reopened my case so that i can take some time to make initial payment to my lawyer. I am asking this because if luckily my case gets opened then i will not have need to hire a lawyer.

 

[legalfalcon]

Hello everybody,

I need your help regarding my query . My PR application under FSW has been refused due to insufficient settlement funds. But I strongly believe that decision has been falsely made by VO as i submitted proofs of more than required funds. I ordered GCMS NOTES and got to know about the notes of VO . He was not sure about the neft transfer of amount of around $ 9000 cad deposited into my account. Here is how that transaction was made :



As per IRCC guidelines, I was required to show approximately CAD $ 12,669. To fulfill this requirement I have shown funds from two sources i.e.;



a) Gift deed from my father worth Rs. 2,50,000. I have attached scanned copy of cheque and gift deed along with my funds documents. This gift was made out of love and affection of my father for me.

b) Second source of my fund was from sale of my car worth Rs. 5,00,000.

Here, I would like to say that I hold two Saving bank accounts in my name i.e.; account in Axis bank and in HDFC BANK . In my Permanent Residency application I have shown both accounts Bank Balance certificate as well statements. In my refusal letter & GCMS Caips Notes honorable visa officer has raised the concern related to the amount of CAD $ 9253.75 TRANSFERRED in my HDFC Bank account on March 26, 2019. I have received this amount from my Axis Bank saving account. I have already Attached Both Account Statements which reflects the transaction details between both accounts with same transaction Reference Number xxxxxxxxxxxx

I have received amount of Rs. 5,00,000 i.e.; CAD $ 9531.34 into my Axis Bank personal saving bank account through the sale of my vehicle. Out of this amount I transferred Rs. 4,95,000 i.e.; CAD $ 9,253.75 on March 26, 2019 into my HDFC bank account. The bank statements of both accounts reflect the same transaction number that was made by me using NEFT.

To proof the authencity of this amount I have attached vehicle sales affidavit and copy of Cheque. The honorable visa officer also acknowledges this amount in GCMS Caips notes.





my refusal came on 27th feb after analysing the reason i raised web form on 18th march . After 5 days i received an email stating that



Thank you for contacting Immigration, Refugees and Citizenship Canada (IRCC).

We verified the information you provided regarding your reconsideration request and have forwarded it to the responsible office.

They will contact you if further information is required or if a decision is made on your application.

We hope the information provided is helpful in assisting you with your enquiry.

We would also like to suggest the following online services that might be helpful to you with any immigration, refugee and/or citizenship future requests:





Kindly help me whether they will reopen my case ? If yes then how many days they will take to send an email stating reopening of my case?

I am asking this because if FEDERAL APPEAL OPTION LEFT FOR MY CASE , for this i have only 60 days from the date of my refusal . In every situation in the last of april i will have to make federal appeal in the court,for this i will have to hire a lawyer who is going to charge hefty fees. Kindly let me know how may days can they get to send me an email regarding the reopening of my case so that i can avoid paying initial fee to a lawyer for my federal case?

First of all there is no appeal available if your application is refused. You can approach the federal court to review the decision of the visa officer if it was made in error.

As regards your PoF, did you explain all these in your LoE? Also, did you show the sale of your vehicle documents.

The minimum funds have to be met, but along with that you also have to show that those funds were yours, and not borrowed.

So any transfers of funds that have taken place should have been explained and proof shown.

If you have filed for reconsideration, it can take 1-5 weeks for the VO to respond back. Also, if you just drafted the reconsideration request yourself, without seeking professional help from a lawyer, you have already diminished your chances.

IRPA clearly states:

76 (1) For the purpose of determining whether a skilled worker, as a member of the federal skilled worker class, will be able to become economicallyestablished in Canada, they must be assessed on the basis of the following criteria:	76 (1) Les critères ci-après indiquent que le travailleur qualifié peut réussir son établissement économique au Canada à titre de membre de la catégorie des travailleurs qualifiés (fédéral) :
(a) the skilled worker must be awarded not less than the minimum number of required points referred to in subsection (2) on the basis of the following factors, namely,	a) le travailleur qualifié accumule le nombre minimum de points visé au paragraphe (2), au titre des facteurs suivants :
(i) education, in accordance with section 78,	(i) les études, aux termes de l’article 78,
(ii) proficiency in the official languages of Canada, in accordance with section 79,	(ii) la compétence dans les langues officielles du Canada, aux termes de l’article 79,
(iii) experience, in accordance with section 80,	(iii) l’expérience, aux termes de l’article 80,
(iv) age, in accordance with section 81,	(iv) l’âge, aux termes de l’article 81,
(v) arranged employment, in accordance with section 82, and	(v) l’exercice d’un emploi réservé, aux termes de l’article 82,
(vi) adaptability, in accordance with section 83; and	(vi) la capacité d’adaptation, aux termes de l’article 83;
(b) the skilled worker must	b) le travailleur qualifié :
(i) have in the form of transferable and available funds, unencumbered by debts or other obligations, an amount equal to one half of the minimum necessary income applicable in respect of the group of persons consisting of the skilled worker and their family members, or	(i) soit dispose de fonds transférables et disponibles — non grevés de dettes ou d’autres obligations financières — d’un montant égal à la moitié du revenu vital minimum qui lui permettrait de subvenir à ses propres besoins et à ceux des membres de sa famille,
(ii) be awarded points under paragraph 82(2)(a), (b) or (d) for arranged employment, as defined in subsection 82(1), in Canada.	(ii) soit s’est vu attribuer des points aux termes des alinéas 82(2)a), b) ou d) pour un emploi réservé, au Canada, au sens du paragraphe 82(1).

To read more on the law, see http://canlii.ca/t/gx2cl

 

[Arsh g]

First of all there is no appeal available if your application is refused. You can approach the federal court to review the decision of the visa officer if it was made in error.

As regards your PoF, did you explain all these in your LoE? Also, did you show the sale of your vehicle documents.

The minimum funds have to be met, but along with that you also have to show that those funds were yours, and not borrowed.

So any transfers of funds that have taken place should have been explained and proof shown.

If you have filed for reconsideration, it can take 1-5 weeks for the VO to respond back. Also, if you just drafted the reconsideration request yourself, without seeking professional help from a lawyer, you have already diminished your chances.

IRPA clearly states:

76 (1) For the purpose of determining whether a skilled worker, as a member of the federal skilled worker class, will be able to become economicallyestablished in Canada, they must be assessed on the basis of the following criteria:	76 (1) Les critères ci-après indiquent que le travailleur qualifié peut réussir son établissement économique au Canada à titre de membre de la catégorie des travailleurs qualifiés (fédéral) :
(a) the skilled worker must be awarded not less than the minimum number of required points referred to in subsection (2) on the basis of the following factors, namely,	a) le travailleur qualifié accumule le nombre minimum de points visé au paragraphe (2), au titre des facteurs suivants :
(i) education, in accordance with section 78,	(i) les études, aux termes de l’article 78,
(ii) proficiency in the official languages of Canada, in accordance with section 79,	(ii) la compétence dans les langues officielles du Canada, aux termes de l’article 79,
(iii) experience, in accordance with section 80,	(iii) l’expérience, aux termes de l’article 80,
(iv) age, in accordance with section 81,	(iv) l’âge, aux termes de l’article 81,
(v) arranged employment, in accordance with section 82, and	(v) l’exercice d’un emploi réservé, aux termes de l’article 82,
(vi) adaptability, in accordance with section 83; and	(vi) la capacité d’adaptation, aux termes de l’article 83;
(b) the skilled worker must	b) le travailleur qualifié :
(i) have in the form of transferable and available funds, unencumbered by debts or other obligations, an amount equal to one half of the minimum necessary income applicable in respect of the group of persons consisting of the skilled worker and their family members, or	(i) soit dispose de fonds transférables et disponibles — non grevés de dettes ou d’autres obligations financières — d’un montant égal à la moitié du revenu vital minimum qui lui permettrait de subvenir à ses propres besoins et à ceux des membres de sa famille,
(ii) be awarded points under paragraph 82(2)(a), (b) or (d) for arranged employment, as defined in subsection 82(1), in Canada.	(ii) soit s’est vu attribuer des points aux termes des alinéas 82(2)a), b) ou d) pour un emploi réservé, au Canada, au sens du paragraphe 82(1).

To read more on the law, see http://canlii.ca/t/gx2cl

thank you for your valueable time you spent answering my query . I am 100% sure that i have shown all the proofs such as affadavit of car sale ,cheque for the payment I recieved for car sale, gift deed affadavit from my father, cheque of the payment recieved as gift. In the gcms notes honorabke visa officer also acknowledged the proofs that I submitted such as both affadavits and both cheques ,he was having doubts over transaction that i made from my one account to another. Both statements of both of my accounts reflect the same transaction number made on same date .visa officer overlooked that transaction and stated in gcms notes that he had no idea where that money was deposited into my account from?

 

[Islander216]

If they refuse to reconsider then I agree, lawyer up.

 

[kuskus]

Really!
How's that even possible? It's better you were refused already so you can apply again.
Have you ordered GCMS notes? If so what do they say?

At this point the best bet for us is to wait. We’ve been denied three times by the way; a very very long story. Maybe I’ll tell it one day.

 

[Arsh g]

If they refuse to reconsider then I agree, lawyer up.

thank you for your reply . I will definitely go ahead with lawyer if they refuse reconsideration request .

 

[MRhn]

thank you for your reply . I will definitely go ahead with lawyer if they refuse reconsideration request .

Hello Arsh,

Could you kindly give updates about your reconsideration request?

Thanks.

 

[MD25]

Hello everyone, I just have a question. My pr application online status was changed to decision made, and I received refusal letter. But ask for reconsideration and they requested additional documents. But some status still decision made for almost 3 months now when I submitted the documents they needed.
Do you have any idea what to do? Any information will greatly appreciated. Thank you.

 

[MRhn]

Hello everyone, I just have a question. My pr application online status was changed to decision made, and I received refusal letter. But ask for reconsideration and they requested additional documents. But some status still decision made for almost 3 months now when I submitted the documents they needed.
Do you have any idea what to do? Any information will greatly appreciated. Thank you.

Is your application "in process" and you can see the time bar or "refused"?
Did you request a GCMS note since then?

 

[MD25]

Is your application "in process" and you can see the time bar or "refused"?
Did you request a GCMS note since then?

My ecas says decision made since I received the refusal letter June 2020, I asked for reconsideration and they requested bank statement for reviewing reconsideration last July 2020, I submitted that documents last end of August 2020. Ever since no update from them and my ecas not change, still decision made shown.

What is Gcms? How to do it? Thank you

 

[MRhn]

My ecas says decision made since I received the refusal letter June 2020, I asked for reconsideration and they requested bank statement for reviewing reconsideration last July 2020, I submitted that documents last end of August 2020. Ever since no update from them and my ecas not change, still decision made shown.

What is Gcms? How to do it? Thank you

It seems that they did not reopen your file on your profile and the status is the same as before. You should follow up.
You can call IRCC and ask for an update.
You can resend another webform and explain the situation. You can even attach your reconsideration letter and the bank statement. It takes about 10 days to receive the webform recently.
You can request a GCMS note through the link below and see what were the details of processing your application and see if you can do anything about it. It takes 30 days to receive the note.
https://www.canada.ca/en/immigration-refugees-citizenship/corporate/transparency/access-information-privacy/requests-information-act.html

You can do all of them in parallel but, for sure, call IRCC and ask for an update and if they can put a request for the officer to review your additional document, bank statement.

 

[MD25]

It seems that they did not reopen your file on your profile and the status is the same as before. You should follow up.
You can call IRCC and ask for an update.
You can resend another webform and explain the situation. You can even attach your reconsideration letter and the bank statement. It takes about 10 days to receive the webform recently.
You can request a GCMS note through the link below and see what were the details of processing your application and see if you can do anything about it. It takes 30 days to receive the note.
https://www.canada.ca/en/immigration-refugees-citizenship/corporate/transparency/access-information-privacy/requests-information-act.html

You can do all of them in parallel but, for sure, call IRCC and ask for an update and if they can put a request for the officer to review your additional document, bank statement.

Oh thank you. Sure to do that in calling them. I'm not familiar with GCMS, is it safe to do that?

 

[MRhn]

Oh thank you. Sure to do that in calling them. I'm not familiar with GCMS, is it safe to do that?

Search for the GCMS note in the forums. You can find useful information and you can decide to order it or not. I hope you hear good news soon.

 

[MD25]

Thank you so much for your help. Hoping for the best.

 

[Mandeepdee]

Hey guys i got webform acknowledgement for reconsideration of my PR application on 23rd October. But still no updation. Does anyone have any idea how long it will take ?